# Cap On Losses From Certified Acts Of Terrorism

**Endorsement # 09**

**ZURICH**

## Insured's Information
- **Insured's Name:** INTERNATIONAL BUSINESS MACHINES CORPORATION
- **Policy Number:** AEC 5574320-02
- **Effective Date:** 05/21/2015
- **Endorsement Number:** 09

## Important Notice
**THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY.**
This endorsement modifies your insurance.

## Following Form Excess Liability Policy

### 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 accordance with provisions of the federal Terrorism Risk Insurance Act ("TRIA"), to be an act of terrorism.
- 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.
- No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or if losses resulting from the act, in the aggregate for insurance subject to TRIA, do not exceed $5,000,000.
- If aggregate insured losses attributable to one or more "certified acts of terrorism" exceed $100 billion in a calendar year (January 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury.

### B. Application of Other Exclusions
- The terms and limitations of a terrorism exclusion or any other exclusion, or the inapplicability or omission of a terrorism exclusion or any other exclusion, do not serve to create coverage which would otherwise be excluded, limited or restricted under this policy.
- ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.

**Copyright © 2015 Zurich American Insurance Company**
**Includes copyrighted material of Insurance Services Office, Inc., with its permission.**
**U-GU-767-B CW (01/15)**
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