e. “Waste” means any waste material (a) containing “by-product material” other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its “source material” content, and (b) resulting from the operation by any person or organization of any “nuclear facility” included under the first two paragraphs of the definition of “nuclear facility”.

f. “Nuclear facility” means:

(1) Any “nuclear reactor”;

(2) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing “spent fuel”, or (3) handling, processing or packaging “waste”;

(3) Any equipment or device used for the processing, fabricating or alloying of “special nuclear material” if at any time the total amount of such material in the custody of the “insured” at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235.

(4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of “waste”; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

g. “Nuclear reactor” means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissile material.

h. Injury or damage includes all forms of radioactive contamination of property.

Q. Other “Personal and Advertising Injury”

1. “Personal and advertising injury” caused by or at the direction of the “insured” with the knowledge that the act would violate the rights of another and would inflict “personal and advertising injury”.

2. “Personal and advertising injury” arising out of oral or written publication of material, if done by or at the direction of the “insured” with knowledge of its falsity.

3. “Personal and advertising injury” arising out of oral or written publication of material whose first publication took place before the beginning of the “policy period”.

4. “Personal and advertising injury” arising out of a criminal act committed by or at the direction of the “insured”.

5. “Personal and advertising injury” for which the “insured” has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages:

   a. That the “insured” would have in the absence of the contract or agreement; or

   b. Assumed in a contract or agreement that is an “insured contract”, provided the “personal and advertising injury” offense takes place subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an “insured contract”, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an “insured” are deemed to be damages because of “personal and advertising injury”, provided:

      i. Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same “insured contract”; and

      ii. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.

6. “Personal and advertising injury” arising out of a breach of contract, except an implied contract to use another’s advertising idea in your “advertisement”.

XS-20835 (08/06)

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