# NUCLEAR ENERGY LIABILITY ENDORSEMENT

It is agreed that the policy described and

I. Under any Liability Coverage, the Insured shall not be liable for any loss or damage to or with respect to any other Insured, including any United States Nuclear Energy Industry Association, Inc., Canada, or any other Insured, resulting from the intentional act of the Insured, except as provided in the United States Nuclear Energy Industry Association, Inc., policy.

II. Under any Medical Payments Coverage, the Insured shall not be liable for any payment relating to immediate medical relief, to expenses incurred with respect to the treatment of any person for personal injury arising out of an accident resulting from the handling of nuclear material and arising out of the use of such material in connection with the operation of a nuclear facility.

III. Under any Liability Coverage, the Insured shall not be liable for any loss or damage resulting from the intentional property of the nuclear material, if:

(a) the nuclear material (1) is at any time not lawfully owned by or operated on behalf of the Insured and (2) is charged or dispersed therefrom.

(b) the nuclear material is contained in spent fuel waste at any time possessed or used, processed, or disposed of by or on behalf of an Insured.

(c) the injury, sickness, disease, death, or destruction arises out of the handling, use, or handling of nuclear equipment in connection with the operation, construction, maintenance, operation, or use of a nuclear facility, if the facility is located within the United States or American Samoa, its territory, possessions, or under the jurisdiction of the United States, and results in injury to or destruction of property near a nuclear facility.

IV. As used in this endorsement:

"hazardous properties" include radioactive and explosive properties.

"nuclear material" means source material, special nuclear material, or byproduct material.

"source material", "special nuclear material", and "byproduct material" have the meanings given them in the Act of 1954 or in any law amendatory thereof.

"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to a nuclear reactor.

"waste" means any waste material containing byproduct material, and (2) resulting from the operation by any person of any nuclear facility included within the definition of nuclear facility under paragraph (a) of the thereof.

"nuclear facility" means:

(a) any nuclear reactor.

(b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing spent fuel, or (3) handling, processing, or packaging waste.

(c) any equipment or device used for the processing, fabricating, or alloying of special nuclear material if any amount of such material in the custody of the Insured at the premises where such equipment or device is located contains more than 25 grams of plutonium or uranium 235 or any combination thereof, or more than 100 grams of thorium 232.

(d) 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 operations.

"nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to achieve a critical mass of fissionable material.

With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property.

This endorsement forms a part of the policy to which attached, effective from its date of issue.

The Aflna Casualty and Surety Company
Hartford, Connecticut
ENDORSEMENT NO. 1

For attachment to the following policy forms:
(CA, JC, JS, AL, SJ, MP, JP, CJ, SK, GS, PS, LC, DR, DP, DG, DB, DH, DO)

(13113-A)