**Nuclear Energy Liability Exclusion Endorsement (Broad Form)**

It is agreed that the policy does not apply:

I. Under any Liability Coverage, to injury, sickness, disease, death or destruction:
(a) With respect to which an insured under the 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 such policy but for its termination upon exhaustion of its limit of liability; or
(b) 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 injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, exports or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but only if such facility is located within the United States, Canada, or its territories or possessions or Mexico, and this exclusion (c) applies only to injury to or destruction of property at such nuclear facility.

II. Under any Liability Coverage, to injury, sickness, disease, death or destruction 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 injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, exports or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but only if such facility is located within the United States, Canada, or its territories or possessions or Mexico, and this exclusion (c) applies only to injury to or destruction of property at such nuclear facility.

III. As used in this endorsement:
"Hazardous properties" include radioactive, toxic or 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 Atomic Energy Act of 1954 or the law amendatory thereof.
"Spent fuel" means and fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor.
"Waste" means any waste material, (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility, but only if such facility is located within the United States, Canada, or its territories or possessions or Mexico, and this exclusion (c) applies only to injury to or destruction of property at such nuclear facility.
"Nuclear facility" means:
(a) Any nuclear reactor.
(b) Any equipment or device designed or used to (1) produce, (2) process, (3) handle, (4) store, (5) transport, (6) dispose of, or (7) otherwise manage nuclear material.