# GPS GLOBAL PROGRAM SOLUTIONS ENDORSEMENT (Non-Admitted Eliminated)

| Named Insured | International Business Machines Corporation |
| --- | --- |
| Policy Symbol | HDO |
| Policy Number | G27865355 |
| Policy Period | 05/21/2017 to 05/21/2018 |
| Issued By (Name of Insurance Company) | ACE American Insurance Company |

Endorsement Number: 16

Effective Date of Endorsement:

Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

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

This policy is amended as follows:

## FOREIGN ENTITY LOSS PROVISIONS

### A. Insuring Agreement

1. This endorsement applies only when a "foreign occurrence" arising out of the premises, products or operations of a "foreign entity" causes injury or damage of a type covered under this policy.
   - In that case, rather than directly pay on behalf of a "foreign entity", we will indemnify the "first named insured" for the "foreign loss" caused by a "foreign occurrence" in accordance with this endorsement.
2. Nothing in this endorsement is intended to, nor does it, extend coverage beyond the terms, conditions, exclusions and other limitations of this policy.

### B. Who Is An Insured

When this endorsement applies, the WHO IS AN INSURED provisions are amended to provide that the "foreign entity" is not an "insured" on whose behalf we have a direct duty to pay settlements or judgments or a duty to defend under this policy.

### C. Defense and Supplementary Payments

When this endorsement applies, rather than directly defend a "foreign entity", we will indemnify the "first named insured" for defense costs incurred in defending a "suit" brought against a "foreign entity", provided that the "first named insured" complies with the Additional Conditions shown below and other policy terms, conditions and limitations.

### D. Limits of Insurance

The insurance provided by this endorsement is subject to all applicable limits of insurance, limits of liability, deductibles and self-insured retentions (if any) shown in the Declarations of, or elsewhere in, this policy, including any aggregates and sub-limits (collectively, "limits"). Any "foreign loss" for which we pay indemnity will erode and be counted against such limits. Such limits apply on the same basis (per "occurrence", per claim, per accident, per offense, etc.) with respect to the "first named insured" as would apply if the "foreign entity" was an insured under this policy.

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