# ENDORSEMENT # 5
**EFFECTIVE:** 5/21/78

## AMENDATORY ENDORSEMENT

### FOLLOWING FORM PUNITIVE OR EXEMPLARY DAMAGES EXCLUSION

EXCEPT INSOFAR AS COVERAGE IS AVAILABLE TO THE ASSURED IN THE UNDERLYING INSURANCES AS SET OUT IN THE ATTACHED SCHEDULE, THE FOLLOWING EXCLUSION SHALL APPLY:

REGARDLESS OF ANY OTHER PROVISION OF THIS POLICY, THIS POLICY DOES NOT APPLY TO PUNITIVE OR EXEMPLARY DAMAGES.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF M843086 OF THE MISSION INSURANCE COMPANY

ISSUED TO: INTERNATIONAL BUSINESS MACHINES CORPORATION, ETAL (AS PER ENDORSEMENT #1)

DATED AT: NEW YORK, NEW YORK

DATE: JUNE 15, 1978

BY: Robert J. Mannion