# American Zurich Insurance Company

## Endorsement No. 5

**THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.**

| POLICY NO. | EFF. DATE OF POL. | EXP. DATE OF POL. | EFF. DATE OF END. | PRODUCER | ADD'L PREMIUM | RETURN PREMIUM |
|------------|-------------------|-------------------|-------------------|----------|---------------|----------------|
| EUO 8481810-02 | 05/21/97 | 05/21/98 | 05/21/97 | 18-248 | N/A | N/A |

**Named Insured:**
- **International Business Machines Corp.**

**Address (including ZIP Code):**
- **Old Orchard Road, Mail Drop 230, Armonk, NY 10504**

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**POLLUTION ENDORSEMENT HOSTILE FIRE**

It is hereby understood and agreed that this policy does not apply:

1. to any obligation or liability incurred by or imposed upon any insured arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants, anywhere in the world, regardless of whether caused or intended by any insured or any other person;
2. to any obligation to investigate, defend or settle any suit or claim against any insured alleging any damages arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants, anywhere in the world, regardless of whether caused or intended by an insured or any other person;
3. to any damages, loss, cost or expense arising out of any governmental direction or request that any insured, the Company or any other person or organization test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize pollutants; or
4. to any damages, loss, cost or expense including but not limited to costs of investigation and attorneys' fees, incurred by a governmental unit or any other person or organization to test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize pollutants;

Provided however that sections 1. and 2. do not apply where the insured has legal responsibility for such discharge, dispersal, release or escape directly caused by Hostile Fire. It is further understood and agreed that this coverage is afforded only to the extent that such liability is covered by Underlying Insurance.

**Pollutants** means any solid, liquid, gaseous, thermal or sonic irritant or contaminant, or toxic substances, including but not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste material. Waste material includes any materials which are intended to be or have been recycled, reconditioned or reclaimed.

**Hostile Fire** means a fire which becomes uncontrollable or breaks out from where it was intended to be.

Any coverage under this endorsement shall not increase the Limits of Liability as stated in item 4. of the Declarations and shall not be in addition to those limits.

**...L OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.**

**AUTHORIZED REPRESENTATIVE:** K. Greopoli  
**DATE:** 9/2/97