# ATTACHING TO AND FORMING PART OF POLICY NO. 576/UW3419800

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
3. Service of Suit Clause (U.S.A.)

## U.S.A.

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

(Approved by Lloyd's Underwriters Non-Marine Association)

For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone:

- Owners, Landlords and Tenants' Liability
- Contractual Liability
- Elevator Liability
- Owners or Contractors (including railroad) Protective Liability
- Manufacturers and Contractors Liability
- Product Liability
- Professional and Malpractice Liability
- Storekeepers Liability
- Garage Liability
- Automobile Liability (including Massachusetts Motor Vehicle or Garage Liability),

not being insurances of the classifications to which the Nuclear Incident Exclusion Clause—Liability—Direct (Limited) applies.

This policy does not apply:

I. Under any Liability Coverage, to injury, sickness, disease, death or destruction with respect to an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Insurance Association of Canada, or would be an insured under any such policy but for its exclusion, limitation or limitation of liability resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is entitled to indemnity under the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, or any instrumentality thereof, or by the United States of America or any agency thereof, with any person or organization.

II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical expenses, to injury, sickness, disease, death or destruction occurring with respect to bodily injury, sickness, disease, or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization.

III. Under any Death Benefits Coverage, to injury, sickness, disease, death, or destruction resulting from the hazardous properties of nuclear material, if:

(a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured, or (2) is in the possession, custody, control, or charge of an insured;

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

(c) the nuclear material is contained in any equipment or device designed or used by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility.

IV. As used in this endorsement:

“hazardous properties” include radioactive, toxic or explosive properties; “nuclear material” means source material, special nuclear material or byproduct material; “source material”, “special nuclear material”, and “byproduct material” have the meanings given them in the Atomic Energy Act 1954 or in any amendment thereof; “spent fuel” means any fuel that has been used in a nuclear reactor; “waste” means any waste material (1) containing nuclear material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; “nuclear facility” means:

(a) any reactor,

(b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste,

(c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235,

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

and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises, structures, equipment, devices, materials, parts or equipment required, necessary or appropriate designed or used to sustain nuclear fission in a self-sustaining chain reaction or to contain a critical mass of fissile material.

With respect to injury to or destruction of property, the word “injury” or “destruction” includes all forms of damage, loss or impairment of value.

It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject terms, exclusions, conditions and limitations of the Policy to which it is attached.

*NOTE: As respects policies which afford liability coverages and other forms of coverage in addition, the words erlined should be amended to designate the liability coverage to which this clause is to apply.