# NOTICE OF OCCURRENCE

Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damage which, in the event that the Assured shall be held liable, is likely to involve this Policy, notice shall be sent as stated in Item 7 of the Declarations as soon as practicable, provided however, that failure to give notice of any occurrence which at the time of its happening did not appear to involve this Policy, but which, at a later date would appear to give rise to claim hereunder, shall not prejudice such claims.

## OTHER INSURANCE

If other valid and collectible insurance with another Insurer is available to the Assured covering a loss also covered by this Policy, other than insurance that is in excess of the insurance afforded by this Policy, the insurance afforded by this Policy shall be in excess of and shall not contribute with such other insurance.

## DECLARATIONS

### ITEM 1.
NAMED ASSURED INTERNATIONAL BUSINESS MACHINES CORP. ETAL

### ITEM 2.
Underlying Umbrella Policies VARIOUS AS PER SCHEDULE ON FILE WITH THE COMPANY

### ITEM 3.
Underlying Umbrella Limits (Insuring Agreement II): $130,000,000 BI/PD CSL

### ITEM 4.
Underlying Umbrella Aggregate Limits (Insuring Agreement II): $130,000,000 BI/PD CSL

### ITEM 5.
Limit of Liability (Insuring Agreement II): $5,000,000 BI/PD CSL P/O $45,000,000 BI/PD CS

### ITEM 6.
Aggregate Limit of Liability (Insuring Agreement II): $5,000,000 BI/PD CSL P/O $45,000,000 BI/PD CS

### ITEM 7.
Notice of Occurrence (Condition 4) to: BACCALA & SHOOP INSURANCE SERVICES, TWO CENTURY PL SUITE 2100, 2049 CENTURY PARK EAST, LOS ANGELES, CA 900

## STATE EXCEPTIONS

### MARYLAND:
Condition 3., CANCELLATION, is amended as follows: The words, "thirty (30) days" are deleted and replaced by the words, "forty-five (45) days". Condition 6., NON-RENEWAL, is added as follows: "If the Company intends not to renew, the Company shall deliver or send by mail to the Assured, written notice of its intent not to renew at least forty-five (45) days prior to the expiration of the policy."

### MICHIGAN:
Condition 3., CANCELLATION, is amended as follows: The words, "the address shown in this Policy" are deleted and replaced by the words, "the last address of the Assured known to the Company". Condition 4., NOTICE OF OCCURRENCE, is amended by the addition of the following subparagraphs: "a.) Notice of an occurrence by the Assured or on behalf of the Assured to the Company's authorized representative shall be considered as notice to the Company; and b.) Failure by the Assured to give the Company or its authorized representative notice of an occurrence within any time specified in this policy will not invalidate any claim made by the

GL-218