# TECHNOLOGY SERVICES ERRORS AND OMISSIONS EXCLUSION ENDORSEMENT

| Named Insured | International Business Machines Corporation |
|---------------|-------------------------------------------|
| Endorsement Number | 035 |

| Policy Symbol | XOO |
|---------------|-----|
| Policy Number | G27983212 001 |
| Policy Period | 05/21/2016 to 05/21/2017 |
| Effective Date of Endorsement | 05/21/2016 |

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;
  - 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;
  - 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.
    - iii. data processing,

MS-9606 (05/12)
© 2012
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