# ENDORSEMENT No. 10

**This endorsement, effective 12:01 AM:** May 21, 2008  
**Forms a part of policy no:** 5443148  
**Issued to:** INTERNATIONAL BUSINESS MACHINES CORPORATION  
**By:** NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

**Commercial Umbrella Liability Policy with CrisisResponse®**

**Amendment Of Contractual Liability Exclusion Endorsement**

This policy is amended as follows:

**Section V. EXCLUSIONS**, Paragraph C. is deleted in its entirety and replaced by the following:

**Contractual Liability**

This insurance does not apply to any liability for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:

1. that the Insured would have in the absence of a contract or agreement; or
2. assumed in an Insured Contract, provided Bodily Injury or Property Damage occurs subsequent to the execution of the Insured Contract. Solely for the purposes of liability assumed in an Insured Contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of Bodily Injury or Property Damage and included in the Limits of Insurance of this policy, provided:
   a. liability to such party for, or for the cost of, that party's defense has also been assumed in the same Insured Contract; and
   b. such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this policy applies are alleged.

All other terms, definitions, conditions, and exclusions of this policy remain unchanged.

**NOTICE:** THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.
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This text provides a detailed amendment to a commercial umbrella liability policy, specifically addressing changes to the contractual liability exclusion. The notice at the bottom indicates that while the forms and rates are exempt from filing requirements in New York, they must still meet minimum standards set by the state's insurance law and regulations.