# ENDORSEMENT

**INSURED:** INTERNATIONAL BUSINESS MACHINES CORPORATION, ETAL

**PRODUCER:** [Producer Name]

**THE EFFECTIVE DATE OF THIS ENDORSEMENT IS:** MAY 21, 1985

**TYPE OF COVERAGE:** [Type of Coverage]

**POLICY OR CERTIFICATE NO.:** PI 33248

**REFER NO.:** [Refer No.]

## INSURANCE COMPANY LIMITATION ENDORSEMENT

NOTWITHSTANDING ANYTHING CONTAINED HEREON TO THE CONTRARY, THIS POLICY DOES NOT APPLY:

1. TO THE MAINTENANCE OR USE OF REAL PROPERTY IN THE CARE, CUSTODY OR CONTROL OF THE INSURED IN ANY FIDUCIARY CAPACITY, OR TO OPERATIONS NECESSARY OR INCIDENTAL THERETO;

2. TO BODILY INJURY OR PROPERTY DAMAGE CAUSED BY OR ARISING OUT OF THE PERFORMANCE OF, OR FAILURE TO PERFORM, SAFETY INSPECTION OR LOSS CONTROL SERVICES, EXCEPT AS RESPECTS ANY SUCH INJURY OR DAMAGE WHICH OCCURS WHILE AN AGENT OR EMPLOYEE OF THE NAMED INSURED IS ACTUALLY ENGAGED IN THE PERFORMANCE OF SUCH SERVICES ON THE PREMISES OF A POLICYHOLDER OR APPLICANT FOR INSURANCE WITH NAMED INSURED;

3. TO LIABILITY ASSUMED BY THE INSURED UNDER ANY CONTRACT OF INSURANCE, ANNUITY OR BOND;

4. TO ANY CLAIM ALLEGING DAMAGES AS THE RESULT OF THE CANCELLATION OF OR REFUSAL TO ISSUE ANY CONTRACT OF INSURANCE, ANNUITY OR BOND;

5. TO ANY LIABILITY IMPOSED UPON THE INSURED AS A CONSEQUENCE OF A BREACH OF DUTY ON THE PART OF AN AGENT OR BROKER OF THE NAMED INSURED WHILE ACTING IN HIS CAPACITY AS SUCH;

6. TO ANY LIABILITY IMPOSED UPON THE INSURED AS THE RESULT OF THE PROCESSING, SETTLEMENT, NEGOTIATION, ADJUSTMENT, DEFENSE OR DENIAL OF ANY CLAIM PRESENTED TO OR HANDLED BY THE INSURED, OR ANY AGENT OR EMPLOYEE OF THE INSURED, WITH RESPECT TO ANY CONTRACT OF INSURANCE, ANNUITY OR BOND ISSUED, OR ALLEGED TO HAVE BEEN ISSUED, BY THE NAMED INSURED;

7. TO LIABILITY ARISING OUT OF SERVICES OF ANY KIND PERFORMED BY OR ON BEHALF OF THE INSURED TO ANY PERSON, FIRM, OR ORGANIZATION IN CONNECTION WITH A SELF-INSURANCE PROGRAM OF SUCH PERSON, FIRM OR ORGANIZATION, PROVIDED, HOWEVER, THIS EXCLUSION SHALL NOT APPLY TO BODILY INJURY OR PROPERTY DAMAGE CAUSED BY AN AGENT OR EMPLOYEE OF THE NAMED INSURED WHILE ACTUALLY ENGAGED IN THE PERFORMANCE OF ANY SUCH SERVICES;

8. TO ANY LIABILITY IMPOSED UPON THE INSURED FOR INJURY TO A POLICYHOLDER OR APPLICANT FOR INSURANCE WITH THE NAMED INSURED, CAUSED BY OR ARISING OUT OF THE RENDEPENG OF OR FAILURE TO RENDER PROFESSIONAL SERVICES TO SUCH POLICYHOLDER OR APPLICANT.

**NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED.**

**PACIFIC INSURANCE COMPANY**

**DATED AT:** NEW YORK, NEW YORK **20TH DAY OF JUNE, 1985**

**BY:** [Agent/Attorney]