# NUCLEAR INCIDENT EXCLUSION CLAUSE - LIABILITY - DIRECT (BROAD)

THE INSURANCE AFFORDED UNDER ANY LIABILITY COVERAGE OF THIS POLICY DOES APPLY:

I. UNDER ANY LIABILITY COVERAGE, TO INJURY, SICKNESS, DISEASE, DEATH OR DESTRUCTION

(a) WITH RESPECT TO WHICH AN INSURED UNDER THE POLICY IS ALSO AN INSURED UNDER A NUCLEAR ENERGY LIABILITY POLICY ISSUED BY NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION, MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS OR NUCLEAR INSURANCE ASSOCIATION OF CANADA, OR WOULD BE AN INSURED UNDER ANY SUCH POLICY BUT FOR ITS TERMINATION UPON EXHAUSTION OF ITS LIMIT OF LIABILITY; OR

(b) RESULTING FROM THE HAZARDOUS PROPERTIES OF NUCLEAR MATERIAL AND WITH RESPECT TO WHICH (1) ANY PERSON OR ORGANIZATION IS REQUIRED TO MAINTAIN FINANCIAL PROTECTION PURSUANT TO THE ATOMIC ENERGY ACT OF 1954, OR ANY LAW AMENDATORY THEREO OR (2) THE INSURED IS, OR HAD THIS POLICY NOT BEEN ISSUED WOULD BE, ENTITLED TO INDEMNITY FROM THE UNITED STATES OF AMERICA, OR ANY AGENCY THEREOF, UNDER ANY AGREEMENT ENTERED INTO BY THE UNITED STATES OF AMERICA, OR ANY AGENCY THEREOF WITH ANY PERSON OR ORGANIZATION.

II. UNDER ANY MEDICAL PAYMENTS COVERAGE, OR UNDER ANY SUPPLEMENTARY PAYMENTS PROVISION RELATING TO IMMEDIATE MEDICAL OR SURGICAL RELIEF TO EXPENSES INCURRED WITH RESPECT TO BODILY INJURY, SICKNESS, DISEASE OR DEATH RESULTING FROM THE HAZARDOUS PROPERTIES OF NUCLEAR MATERIAL AND ARISING OUT OF THE OPERATION OF A NUCLEAR FACILITY BY ANY PERSON OR ORGANIZATION.

III. UNDER ANY LIABILITY COVERAGE, TO INJURY, SICKNESS, DISEASE, DEATH OR DESTRUCTION RESULTING FROM THE HAZARDOUS PROPERTIES OF NUCLEAR MATERIAL, IF

(a) THE NUCLEAR MATERIAL (1) IS AT ANY NUCLEAR FACILITY OWNED OR OPERATED BY OR ON BEHALF OF, AN INSURED OR (2) HAS BEEN DISCHARGED OR DISPERSED THEREFROM;

(b) THE NUCLEAR MATERIAL IS CONTAINED IN SPENT FUEL OR WASTE AT ANY TIME POSSESSED, HANDLED, USED, PROCESSED, STORED, TRANSPORTED OR DISPOSED OF BY OR ON BEHALF OF AN INSURED; OR

(c) THE INJURY, SICKNESS, DISEASE, DEATH OR DESTRUCTION ARISES FROM THE FURNISHING BY AN INSURED OF SERVICES, MATERIALS, PARTS OR EQUIPMENT IN CONNECTION WITH THE PLANNING, CONSTRUCTION, MAINTENANCE, OPERATION OR USE OF ANY NUCLEAR FACILITY, BUT

THE EFFECTIVE DATE OF THIS ENDORSEMENT IS MAY 21, 1984 AT NEW YORK, NEW YORK
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NUMBER TXS 103585

ISSUED TO: INTERNATIONAL BUSINESS MACHINES CORP., ETAL

BROKER/AGENT: JOHNSON & HIGGINS
ADDRESS: 95 WALL STREET
NEW YORK, NEW YORK 10005
DATE OF ISSUE: 5-16-84 BY KC END. NO. 7