# Excess Insurance Policy

## Liberty Insurance Underwriters Inc.

**(A Stock Insurance Company, hereinafter the "Insurer")**

**ENDORSEMENT NO. 8**

- **Named Insured:** International Business Machines Corporation
- **Policy Number:** 1000040626-15
- **Effective Date:** 05/21/2016

**NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS.**

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

### POLLUTION LIMITATION ENDORSEMENT – FOLLOW FORM

This insurance does not apply to:

Any "loss", including but not limited to settlements, judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants, arising out of or in any way related to:

1. the actual, alleged, or threatened presence, discharge, dispersal, seepage, migration, release, or escape of "pollutants", however caused.
2. any request, demand, or order that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to or assess the effects of "pollutants". This includes demands, directives, complaints, suits, orders or requests brought by any governmental entity or by any person or group of persons.
3. steps taken or amounts incurred by a governmental unit or any other person or organization to test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize or assess the effects of "pollutants".

This exclusion will apply to any "loss", costs, charges, or expenses, or any judgments or settlements, arising directly or indirectly out of pollution whether or not the pollution was sudden, accidental, gradual, intended, expected, unexpected, preventable or not preventable.

As used in this exclusion "pollutants" means any solid, liquid, gaseous, or thermal irritant or contaminant, including, but not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste material. Waste material includes materials which are intended to be or have been recycled, reconditioned or reclaimed.

However, this exclusion does not apply to any "loss" described above for which coverage is afforded under ACE Property & Casualty Insurance Company Policy Number: XOO G 27 63 84 8 A, Form Number: MS-9620, and then for no broader coverage than is afforded by such insurance (hereafter referred to as Underlying Pollution Coverage).

In the event that the Underlying Pollution Coverage is amended or deleted after the inception date of this policy, the Insurer must be so advised in writing within fourteen (14) days after the effective date of such amendment or deletion.

**1**  
**2**  
160-XS (Ed. 01 13)  
2 - 13000