# ENDORSEMENT No. 13

**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®**

**Retained Limit Amendatory Endorsement**

This policy is amended as follows:

Solely as respects coverages listed in the Schedule of Retained Limits, the following shall apply:

1. The DECLARATIONS, ITEM 5. SELF INSURED RETENTION is deleted in its entirety.
2. Section IV. LIMITS OF INSURANCE, Paragraphs B., G., H. and M. are deleted in their entireties and replaced by the following:
   - B. The General Aggregate Limit is the most we will pay for all damages covered under this policy except:
     1. Damages included within the Products-Completed Operations Hazard; and
     2. Damages because of Bodily Injury or Property Damage to which this insurance applies, caused by an Occurrence and resulting from the ownership, maintenance or use of an Auto.
   - G. If the total applicable Retained Limit(s) listed in the Schedule of Retained Limits are reduced or exhausted by payment of Loss to which this policy applies, we will:
     1. in the event of reduction, pay in excess of the remaining underlying Retained Limits; or
     2. in the event of exhaustion of the underlying Retained Limits, continue in force as underlying insurance.
   - H. Defense Expenses will be in addition to the applicable Limits of Insurance of this policy. Provided, however, that if the amount of applicable Retained Limit over which this policy applies immediately in excess is specifically designated in the Schedule of Retained Limits as including Defense Expenses, then solely with respect to coverage afforded by this policy that is subject to such Retained Limit, such Defense Expenses will reduce the applicable Limits of Insurance of this policy.
   - M. We will not make any payment under this policy unless and until the total applicable Retained Limit(s) and any applicable Other Insurance have been exhausted by the payment of Loss to which this policy applies.
   - When the amount of Loss has been determined by an agreed settlement or a final judgment, we will promptly pay on behalf of the Insured the amount of such Loss falling within the terms of this policy. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative.
3. Section III. DEFENSE PROVISIONS, Paragraph A. is deleted in its entirety and replaced by the following:

**DEFENSE PROVISIONS**

**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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