# NUCLEAR ENERGY LIABILITY EXCLUSION

This policy does NOT apply:

1. to bodily injury or property damage

   a. with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or

   b. resulting from the hazardous properties of nuclear material and with respect to which:

      (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or

      (2) the insured is entitled to indemnity from the United States of America, or any agency thereof, with any person or organization.

2. to bodily injury or property damage resulting from the hazardous properties of nuclear material if:

   a. the nuclear material:

      (1) is at any nuclear facility owned by, or operated by or on behalf of an insured; or

      (2) has been discharged or dispersed therefrom;

   b. the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or

   c. the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operations or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion c. applies only to property damage to such nuclear facility and property thereat.

3. As used in this exclusion:

   hazardous properties include radioactive, toxic or explosive properties;
   nuclear materials means source material, special nuclear material or by-product material;

Form 07-02-0574 (Rev. 11-86)
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