# ENDORSEMENT # 2

## POLLUTION HAZARD EXCLUSION

It is agreed that:

1. The company shall have no obligation under this policy:
   (a) to investigate, settle or defend any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard; or
   (b) to pay any damages, judgments, settlements, loss, costs or expenses that may be awarded or incurred by reason of any such claim or suit or any such injury or damage, or in complying with any action authorized by law and relating to such injury or damage.

As used in this endorsement, "pollution hazard" means an actual exposure or threat of exposure to the corrosive, toxic or other harmful properties of any solid, liquid, gaseous or thermal pollutants, contaminants, irritants or toxic substances, including smoke, vapors, soot, fumes, acids or alkalis, and waste materials consisting of or containing any of the foregoing.

2. In determining whether this policy applies because of the reduction or exhaustion of an aggregate limit of liability of underlying insurance, no payment under the underlying insurance shall be considered as reducing such aggregate if such payment would have been excluded from such underlying insurance, had such underlying insurance been subject to an exclusion equivalent to paragraph 1. of this exclusion.

This endorsement to take effect on the 21st day of May, 1985. All other items and conditions remain unchanged.

Attached to and forming part of Policy No. EG 000129 of NEW ENGLAND INSURANCE COMPANY.

Issued to: International Business Machines Corporation, Et al 6-7-85/bw

The company located these documents in its business records. At this time, the company does not certify that these documents constitute a complete and accurate copy of the policy.