**Page 2 of 4**

**Insured:** INTERNATIONAL BUSINESS MACHINES CORPORATION  
**Policy No.:** XLUMB-00704  
**Endorsement No.:** 11  
**Effective Date:** MAY 21, 1997

---

**CHANGE OF LIMIT, RETENTION AND/OR RETROACTIVE COVERAGE DATE ENDORSEMENT CONT'D.**

2. It is a condition precedent to the rights of any Insured with respect to the incremental amount of any increase in any limit and/or the decremental amount of any decrease in any retention amount pursuant to paragraph 1 above with respect to any Occurrence (including any Integrated Occurrence) that the Named Insured was not aware of such Occurrence at the Effective Date. The Named Insured shall be deemed to have been aware of such an Occurrence if any Executive Officer was aware of the following actual or alleged Personal Injury or Property Damage included in such Occurrence irrespective of whether or not such person believed or expected such Occurrence was likely to involve this Policy:

   - (a) Personal Injury to fifty or more persons in the past 10 years.
   - (b) Personal Injury to twenty five or more persons during any 12 month period,
   - (c) Property Damage to twenty five or more properties in the past 10 years.
   - (d) Property Damage reasonably believed to exceed $10 million

3. If (a) the Effective Date is not the same as the commencement of an Annual Period, and (b) the Company is first sent notices of different Occurrences within the same Annual Period both before and after the Effective Date, then, subject to all other limitations, terms, exclusions and conditions of the Policy, each such Occurrence shall be subject to the per Occurrence limit, aggregate limit and per Occurrence retention amount listed in Items (2)(a) and (b) of the Declarations as in effect at the time notice of such Occurrence was first given pursuant to Section V.D of the Policy; provided, however, that the aggregate limit of liability stated in Item 2(b) of

Ref: XS4-126.01
Cont’d...