# ENDORSEMENT 9

This endorsement, effective 12:01 A.M. May 21, 1977, forms a part of policy No. GC 550 18 52 issued to International Business Machines Corporation by Lexington Insurance Company

## SEEPAGE, POLLUTION AND CONTAMINATION CLAUSE

**This Insurance does not cover any liability for:**

(1) Personal Injury or Bodily Injury or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination resulting from the discharge, dispersal, release or escape of any substance into or upon any watercourse or body of water.

(2) Personal Injury or Bodily Injury or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination other than described in Paragraph (1) above, provided always that this Paragraph (2) shall not apply to liability for Personal Injury or Bodily Injury or loss of or physical damage to or destruction of tangible property, or loss of use of such property damaged or destroyed where such seepage, pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of this Insurance.

(3) The cost of removing, nullifying or cleaning up seeping, polluting or contaminating substances unless the seepage, pollution or contamination is caused by a sudden unintended or unexpected happening during the period of this Insurance.

(4) Fines, penalties, punitive or exemplary damages.

This Clause shall not extend this Insurance to cover any liability which would not have been covered under this Insurance had this Clause not been attached.

6/16/77 pmr

Form 1803