# Endorsement # 10

**This Endorsement, Effective:** 12:01 A.M.
**MAY 21, 2000**
**Forms A Part Of**

**Policy Number:** BE 739 47 27
**Issued To:** International Business Machines Corporation

**By:** National Union Fire Insurance Company of Pittsburgh, PA.

## Employee Benefits Liability Follow-Form Endorsement

This insurance does not apply for those sums 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.

However, if insurance for such damages is provided by a policy listed in the Schedule of Underlying Insurance:

1. This exclusion shall not apply; and
2. Except with respect to limits of liability, retention's, deductibles, cancellation/non-renewal, duty to defend and premium, this insurance shall follow the terms, conditions, and exclusions of the policy (ies) listed in the Schedule of Underlying Insurance; and
3. The insurance provided by our policy will not be broader than the insurance coverage provided by the policy listed in the Schedule of Underlying Insurance; and

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

**Authorized Representative**

**Date**

**NOTICE:** THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE DEPARTMENT.