# Pollution Exclusion Amendment Endorsement (II)

**Insured:** INTERNATIONAL BUSINESS MACHINES CORPORATION  
**Policy No:** XLUMB-00704  
**Endorsement No:** 14  
**Effective Date:** MAY 21, 1997

## POLLUTION EXCLUSION AMENDMENT ENDORSEMENT (II)

It is hereby agreed that Section K of Article IV of the Policy is hereby deleted and replaced by the following:

### K. POLLUTION

(1) (a) liability for Personal Injury, Property Damage or Advertising Liability arising out of the Discharge of Pollutants into or upon land or real estate, the atmosphere, or any watercourse or body of water whether above or below ground or otherwise into the environment; or

(b) liability, loss, cost or expense of any Insured or others arising out of any direction or request, whether governmental or otherwise, that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants.

This Exclusion K applies whether or not such Discharge of such Pollutants:

(i) results from the Insured's activities or the activities of any other person or entity;

(ii) is sudden, gradual, accidental, unexpected or unintended; or

(iii) arises out of or relates to industrial operations or the Waste or by-products thereof.

(2) Paragraph (1) of the Exclusion K does not apply to:

(a) Product Pollution Liability; or

(b) liability of the Insured for Personal Injury or Property Damage caused by a Discharge of Pollutants which is not Expected or Intended and which results solely from a Covered Pollution Peril provided that (i) such Discharge commences upon a date (i.e., a specific day) which both can be determined and which is subsequent to the Effective Date listed above, and (ii) the Covered Pollution Peril which caused such Discharge ceases (or moves out of the vicinity of the Discharge) no more than 168 hours after the commencement of the Discharge; or

Ref: XS4-609.01