# ENDORSEMENT #12

This endorsement, effective 12:01 A.M. 05/21/97 forms a part of

Policy No. RMGL 143-85-52 issued to International Business Machines Corporation by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

**EMPLOYEE BENEFITS LIABILITY INSURANCE PROVIDES CLAIMS MADE COVERAGE**

Please read carefully

## ADDITIONAL DECLARATIONS

**Limit of Liability**

- $5,000,000 Each Wrongful Act or Series of Related Wrongful Acts.
- $5,000,000 Each Annual Aggregate.

## COVERAGE

Employee Benefits $ N/A

Liability Insurance

## DEDUCTIBLE

Each Wrongful Act or Series of Related Wrongful Acts

No. of Employees: AS PER ON FILE WITH COMPANY

Estimated Annual Premium: INCLUDED IN COMPOSITE RATE ENDORSEMENT

## INSURING AGREEMENTS

### EMPLOYEE BENEFITS LIABILITY

We will pay the "Insured" for those sums which the "Insured" shall become legally obligated to pay as damages because of any claim made against the "Insured" due to any "Wrongful Act" of the "Insured", or any other person for whose acts the "Insured" is legally liable, in the "Administration" of the "Insured's" "Employee Benefits Programs", as defined in the Definitions section of this policy. This insurance applies only if a claim for damages covered by this endorsement is first made against the "Insured" during the policy period. We have the right and duty to defend any suit against the "Insured" seeking damages on account of such negligent act, error or omission, even if any of the allegations of the suit are groundless, false or fraudulent, and we may make such investigation and settlement of any claim or suit as we deem expedient.

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