# Technology Services Errors and Omissions Exclusion Endorsement

| Named Insured | International Business Machines Corporation |
|---------------|--------------------------------------------|
| Endorsement Number | 31 |
| Policy Symbol | XOO |
| Policy Number | G24907338 |
| Policy Period | 05/21/2010 to 05/21/2011 |
| Effective Date of Endorsement | 05/21/2010 |
| Issued By (Name of Insurance Company) | ACE Property and Casualty Insurance Company |

**THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY**

This endorsement modifies insurance provided under the following:

**COMMERCIAL UMBRELLA LIABILITY POLICY**

TO THE EXTENT THE TERMS OF THIS ENDORSEMENT CONFLICT WITH ANY OTHER TERMS OR CONDITIONS OF THIS POLICY OR ITS ENDORSEMENTS, THE TERMS OF THIS ENDORSEMENT SHALL SUPERSEDE.

This policy is amended as follows:

Section V. EXCLUSIONS is amended to include the following additional exclusion:

Technology Services Errors and Omissions

This insurance does not apply to:

Any act, error, omission, malpractice or mistake arising out of or in any way related to "technology services" performed by the "insured" or any person for whom the "insured" is legally responsible, unless such act, error, omission, malpractice or mistake results in "bodily injury" or "property damage".

Section VII. DEFINITIONS, is amended to include the following additional definitions:

* **Technology Product** means any computer hardware, firmware, software, or any related product, equipment or device, including but not limited to, servers, data storage products, semiconductors, printers and point of sale retail checkout systems, that is created, manufactured, developed, distributed, licensed, leased or sold:
    * a. by you;
    * b. for you by others acting under your trade name or at your direction, to others

* **Technology Services** means any computer or information technology service performed:
    * a. by you; or
    * b. for you by others acting under your trade name or at your direction, for others for consideration, including but not limited to:
        * i. systems analysis,
        * ii. systems programming,

**CLASS CODE 2-13000**

**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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