# ENDORSEMENT No. 11

**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®**

**Industrial Aid Aircraft Limitation Endorsement**

This policy is amended as follows:

**ITEM 3. LIMITS OF INSURANCE of the DECLARATIONS** is amended to include the following additional Self-Insured Retention:

$150,000,000 Industrial Aid Aircraft Self-Insured Retention/Each Occurrence. (As respects claims and Suits seeking damages for Bodily Injury or Property Damage arising out of the ownership, maintenance use, or entrustment to others of any Industrial Aid Aircraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading and unloading).

For the purpose of this endorsement only, **Section III. DEFENSE PROVISIONS**, Paragraphs A. 1. and A. 2., and D. are deleted in their entirety, and paragraph A. is replaced by the following:

We will have no duty to defend any Suit against the Insured. We will, however, have the right, but not the duty, to participate in the defense of any Suit and the investigation of any claim to which this policy may apply. If we exercise this right, we will do so at our own expense.

**Section IV. LIMITS OF INSURANCE**, is amended to include the following additional provision:

The Industrial Aid Aircraft Self-Insured Retention applies whether or not there is any available Scheduled Underlying Insurance or Other Insurance. If there is Scheduled Underlying Insurance or Other Insurance applicable to the Loss, amounts received through such Scheduled Underlying Insurance or Other Insurance for payment of the Loss may be applied to reduce or exhaust the Industrial Aid Aircraft Self-Insured Retention. However, in no event will amounts received through such Scheduled Underlying Insurance or Other Insurance for the payment of Defense Expenses reduce the Industrial Aid Aircraft Self-Insured Retention.

The Industrial Aid Aircraft Self-Insured Retention will not be reduced by Defense Expenses.

For the purpose of this endorsement only and solely with respect to any and all references to aircraft, **Section V. EXCLUSIONS**, Paragraph A. is deleted in its entirety and replaced by the following:

A. Aircraft

This insurance does not apply to Bodily Injury or Property Damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading and unloading.

**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.