# Zurich-American Insurance Companies

## Endorsement #4

**PAGE 2**

**This endorsement changes the policy. Please read it carefully.**

| Policy No | Eff. Date of Pol. | Exp. Date of Pol. | Eff. Date of End | Agency No. | Add'l Premium | Return Premium |
|-----------|-------------------|------------------|-----------------|------------|---------------|----------------|
| OGL 32 78 678 | 5/21/84 | 5/21/89 | 5/21/84 | 50-515-810 | $ | $ |

**This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations.**

**Named Insured:** INTERNATIONAL BUSINESS MACHINES CORP.

**Address (including Zip Code):** ARMORK, N.Y. 10504

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**This endorsement changes such insurance as is afforded by provisions of the policy relating to the following:**

**ADVERTISERS' LIABILITY COVERAGE PART (CONT.)**

**COMMITTED OR ALLEGED TO HAVE BEEN COMMITTED IN ANY ADVERTISEMENT, PUBLICITY ARTICLE, BROADCAST OR TELECAST AND ARISING OUT OF THE INSURED'S ADVERTISING ACTIVITIES.**

THE COMPANY SHALL HAVE THE RIGHT AND DUTY TO DEFEND, IN THE NAME AND ON BEHALF OF THE INSURED, ANY SUIT SEEKING DAMAGES FOR ANY OF THE ABOVE CAUSES, EVEN IF SUCH SUIT IS GROUNDLESS, FALSE OR FRAUDULENT. THE COMPANY SHALL HAVE THE RIGHT TO MAKE SUCH INVESTIGATION, NEGOTIATION AND SETTLEMENT OF ANY CLAIM OR SUIT AS IT MAY DEEM EXPEDIENT; OR MAY PERMIT THE INSURED TO MAKE ANY SUIT INVESTIGATION, NEGOTIATION AND SETTLEMENT AS MAY BE APPROVED BY THE COMPANY IN WRITING.

IN THE EVENT THAT IN ANY SUIT WHICH THE COMPANY HAS AGREED TO DEFEND ANY APPLICATION FOR AN INJUNCTION OR INJUNCTIVE RELIEF SHALL BE MADE BY THE PLAINTIFF, THE COMPANY AGREES TO DEFEND, IN THE NAME AND ON BEHALF OF THE INSURED, AGAINST SUCH APPLICATION FOR AN INJUNCTION OR INJUNCTIVE RELIEF; BUT THE OBLIGATION OF THE COMPANY SO TO DEFEND AGAINST SUCH APPLICATION FOR AN INJUNCTION OR INJUNCTIVE RELIEF SHALL NOT EXTEND BEYOND THE TERMINATION OF THE COURT OF FIRST INSTANCE.

**EXCLUSIONS:**

THIS INSURANCE DOES NOT APPLY TO:

1. FAILURE OF PERFORMANCE OF CONTRACT, BUT THIS SHALL NOT RELATE TO CLAIMS FOR THE UNAUTHORIZED APPROPRIATION OF IDEAS BASED UPON THE ALLEGED BREACH OF AN IMPLIED CONTRACT;

Countersigned

Authorized Representative

U-CA-161-A (7-81 ed)