# Cap On Losses From Certified Acts Of Terrorism

**Policy No.:** AEC 5574320-00  
**Eff. Date of Pol.:** 05/21/2013  
**Exp. Date of Pol.:** 05/21/2014  
**Eff. Date of End.:** 05/21/2013  
**Producer:** 50522000  
**Add'l Prem.:** ----------  
**Return Prem.:** ----------  

**Named Insured and Mailing Address:**
- **INTERNATIONAL BUSINESS MACHINES CORPORATION**
- **1 New Orchard Rd**
- **Armonk, NY 10504**

**Producer:**
- **AON RISK SERVICES NORTHEAST INC.**
- **199 WATER ST FL 32ND**
- **NEW YORK, NY 10038-3526**

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

This endorsement modifies insurance provided under the following:

- Agribusiness Pollution Liability Insurance Policy - Claims Made and Reported Coverage
- Environmental Cleanup and Liability Insurance Policy - Claims Made and Reported Coverage
- Environmental Impairment Liability Insurance Policy - Claims Made and Reported Coverage
- Environmental Services Package Policy
- Excess Environmental Insurance Policy - Claims Made and Reported Coverage
- Healthcare Pollution Liability Insurance Policy - Claims Made and Reported Coverage
- Public Entity Pollution Liability - Claims Made and Reported Coverage
- Real Estate Environmental Liability Insurance Policy - Claims Made and Reported Coverage
- Remediation Stop Loss
- Z Choice Pollution Liability
- Lender Environmental Collateral Protection and Liability Insurance Policy - Claims Made and Reported Coverage
- Lender Environmental Collateral Protection and Liability Insurance Outstanding Loan Balance - Claims Made and Reported Coverage
- Follow Form Excess Liability Policy
- Follow Form Excess Liability Policy - Claims Made and Reported Coverage
- Commercial Umbrella Liability Policy
- Commercial Umbrella Liability Policy - Claims Made and Reported Coverage

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### A. Cap on Losses From Certified Terrorism Losses

"Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act ("TRIA"). The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism:

1. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of Title 49, United States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.

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**Copyright © 2008 Zurich American Insurance Company**  
**U-GU-767-A CW (01/08)**  
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