# ATTACHING TO AND FORMING PART OF POLICY NO. JU 1001

**THIS POLICY is subject to the provisions of the following attached Clauses:**

1. **Nuclear Incident Exclusion Clause - Liability - Direct (Broad)**
2. **Radioactive & Contamination Exclusion Clause - Liability - Direct**

## NUCLEAR INCIDENT EXCLUSION CLAUSE - LIABILITY - DIRECT (BROAD)

(Approved by Lloyd's Underwriters)

For attachment to insurances of the following classifications: the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone—Owners, Lessees and Tenants (Liability), Contractors (Liability), Elevator Liability, Owners or Co-owners (including railroads) Protective Liab., Manufacturers and Contractors Liability, Product Liability, Professional and Malpractice Liability, Storekeepers Liability, Garage Liability, Automobile Liability including Massachusetts Motor Vehicle or Garage Liability.

This policy does not apply:

(a) with respect to which an insured under the policy was as insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Underwriters Association, Mutual Atomic Energy Liability Underwriters of North America, Inc., or Canadian, or would be an insured under any such policy but for termination, non-exhaustion of limits of liability, or resulting from any act or omission of nuclear material and with respect to which (1) an person or organization is required to take any action or protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, (2) the person or organization had this policy not been in effect, and (3) the person or organization indemnity from the United States of America, its agencies, or otherwise, with any person or organization.

Under no Liability Coverage, to injure, sickness, disease, death or destruction does not apply:

(b) resulting from the hazardous properties of nuclear material and with respect to which (1) an person or organization is required to take any action or protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, (2) the person or organization had this policy not been in effect, and (3) the person or organization indemnity from the United States of America, its agencies, or otherwise, with any person or organization.

Under no Liability Coverage, to injure, sickness, disease, death or destruction does not apply:

(c) resulting from the hazardous properties of nuclear material, if:

(i) the operation of a nuclear facility cannot be operated by or on behalf of, an insured or (2) has been discontinued and disposed therefrom;

(ii) nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported, or disposed of by an insured, or

(iii) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation and use of nuclear facilities, if such facility is located within the United States of America, its territories and possessions, and Canada; this exclusion (c) applies only to injury to or destruction of property at such nuclear facility.

As used in this clause, "hazardous properties" include radioactive, toxic or explosive properties. "Nuclear material" means spent fuel, enriched, special nuclear material or product material, "source material", "special nuclear material", and any other material that have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof. "Spent fuel" means any nuclear material, solid, component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. "Waste" means any waste material (1) containing byproduct material and (2) resulting from the reprocessing of any person or organization of any nuclear fuel facility included within the definition of nuclear facility under paragraph (a) or (b) thereof.

"Byproduct material" means:

(a) any nuclear reactor,

(b) any equipment or device designed or used for the creation of the isotopes of uranium or plutonium, (2) processing or utilization fuel rods, (3) handling, processing or packaging waste, (4) auxiliary equipment or device used for the processing, separation, allowing of special nuclear material, if at any time the total amount of such material exceeds the quantity of the material in the processing, separation, or utilization of devices located cross-site contains more than 25 grams of iodine 131 or uranium 233 or any combination thereof, or more than 250 grams of uranium 235.

(d) any structure, basin, excavation, premises or place intended for the storage or disposal of waste.

and includes the site on which any of the foregoing nuclear activities are conducted on-site and all premises used for such operations. "Nuclear fuel facility" means the licensed or used to obtain nuclear fuel issues in a self-supporting chain reaction, and any associated facility of fissile material with the purpose necessary to or destruction of property. "Nuclear facility" includes all forms of radioactive contamination of property.

It is understood and agreed that, except as specifically set forth in the foregoing, the clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached. In addition, the words underlined should be amended to designate the liability coverage which the Policy affords.