**ENDORSEMENT**

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

**PRODUCER:** 

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

**TYPE OF COVERAGE:** ABSOLUTE CONTAMINATION OR POLLUTION EXCLUSION

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

**REFER NO.:**

**ABSOLUTE CONTAMINATION OR POLLUTION EXCLUSION**

1.) IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE DOES NOT APPLY TO BODILY INJURY, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE DISCHARGE, DISPERSAL, RELEASE OR ESCAPE OF SMOKE, VAPORS, SOOT, FUMES, ACIDS, ALKALIS, TOXIC CHEMICALS, LIQUIDS OR GASES, WASTE MATERIALS, OIL OR OTHER PETROLEUM SUBSTANCE OR DERIVATIVE (INCLUDING ANY OIL REFUSE OR OIL MIXED WITH WASTE) OR OTHER IRRITANT, CONTAMINANTS OR POLLUTANTS INTO OR UPON LAND, THE ATMOSPHERE OR ANY WATERCOURSE OR BODY OF WATER, BOG, MARSH, SWAMP OR WETLAND.

2.) IT IS ALSO AGREED THAT THIS INSURANCE DOES NOT APPLY TO LOSS OF, DAMAGE TO, OR LOSS OF USE OF PROPERTY, INCLUDING, BUT NOT LIMITED TO THE COST OF EVALUATING AND/OR MONITORING AND/OR CONTROLLING AND/OR REMOVING AND/OR NULLIFYING AND/OR CLEANING-UP SEEPING AND/OR POLLUTING AND/OR CONTAMINATING SUBSTANCES;

3.) IT IS FURTHER AGREED THAT THIS INSURANCE DOES NOT APPLY TO FINES, PENALTIES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, TREBLE DAMAGES, OR ANY OTHER DAMAGES RESULTING FROM THE MULTIPLICATION OF COMPENSATORY DAMAGES ARISING FROM THE HAZARDS SPECIFIED IN ITEMS (1) AND (2) ABOVE.

4.) IT IS FURTHER AGREED THAT THE UNDERLYING INSURANCE DESCRIBED IN THE DECLARATIONS SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL NOT BE IMPAIRED BY ANY SUIT, CLAIM OR LOSS EXCLUDED BY FOREGOING

**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**

**NEW YORK, NEW YORK**
**20TH JUNE, 1985**