# Nuclear Incident Exclusion Clause

**SUCH FACILITY IS LOCATED WITHIN THE UNITED STATES OF AMERICA, ITS TERRITORIES OR POSSESSIONS OR CANADA, THIS EXCLUSION (c) APPLIES ONLY TO INJURY TO OR DESTRUCTION OF PROPERTY AT SUCH NUCLEAR FACILITY.**

### IV. AS USED IN THIS ENDORSEMENT:

"HAZARDOUS PROPERTIES" INCLUDE RADIOACTIVE, TOXIC OR EXPLOSIVE PROPERTIES; "NUCLEAR MATERIAL" MEANS SOURCE MATERIAL, SPECIAL NUCLEAR MATERIAL OR BYPRODUCT MATERIAL; "SOURCE MATERIAL", "SPECIAL NUCLEAR MATERIAL", AND "BYPRODUCT MATERIAL" HAVE THE MEANINGS GIVEN THE ATOMIC ENERGY ACT OF 1954 OR IN ANY LAW AMENDATORY THEREOF; "SPENT FUEL" MEANS ANY FUEL ELEMENT OR FUEL COMPONENT, SOLID OR LIQUID, WHICH HAS BEEN USED OR EXPOSED TO RADIATION IN A NUCLEAR REACTOR; "WASTE" MEANS ANY WASTE MATERIAL (1) CONTAINING BYPRODUCT MATERIAL AND (2) RESULTING FROM THE OPERATION BY ANY PERSON OR ORGANIZATION OF ANY NUCLEAR FACILITY INCLUDED WITHIN THE DEFINITION OF NUCLEAR FACILITY UNDER PARAGRAPH (a) OR (b) THEREOF; "NUCLEAR FACILITY" MEANS

- **(a)** ANY NUCLEAR REACTOR,
- **(b)** ANY EQUIPMENT OR DEVICE DESIGNED OR USED FOR (1) SEPARATING THE ISOTOPES OF URANIUM OR PLUTONIUM, (2) PROCESSING OR UTILIZING SPENT FUEL, OR (3) HANDLING, PROCESSING OR PACKAGING WASTE,
- **(c)** ANY EQUIPMENT OR DEVICE USED FOR THE PROCESSING, FABRICATION, OR ALLOYING OF SPECIAL NUCLEAR MATERIAL IF AT ANY TIME THE TOTAL AMOUNT OF SUCH MATERIAL IN THE CUSTODY OF THE INSURER AT THE PREMISES WHERE SUCH EQUIPMENT OR DEVICE IS LOCATED CONSISTS OF OR CONTAINS MORE THAN 25 GRAMS OF PLUTONIUM (URANIUM 233) OR ANY COMBINATION THEREOF, OR MORE THAN 250 GRAMS OF URANIUM 235,
- **(d)** ANY STRUCTURE, BASIN, EXCAVATION, PREMISES OR PLACE PREPARED OR USED FOR THE STORAGE OR DISPOSAL OF WASTE, AND INCLUDING THE SITE ON WHICH ANY OF THE FOREGOING IS LOCATED, ALL OPERATIONS CONDUCTED ON SUCH SITE AND ALL PREMISES USED IN SUCH OPERATIONS; "NUCLEAR REACTOR" MEANS ANY APPARATUS DESIGNED OR USED TO SUSTAIN NUCLEAR FISSION IN A SELF-SUPPORTING CHAIN REACTION OR TO CONTAIN A CRITICAL MASS OF FISSIONABLE MATERIAL.

WITH RESPECT TO INJURY TO OR DESTRUCTION OF PROPERTY, THE WORD "INJURY" ("DESTRUCTION") INCLUDES ALL FORMS OF RADIOACTIVE CONTAMINATION OF PROPERTY.

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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

BROKERS/AGENT JOHNSON & HIGGINS
ADDRESS 95 WALL STREET
NEW YORK, NEW YORK 10005
DATE OF ISSUE 5-16-84

The company located these documents in its business records. At this time, the company does not certify that these documents constitute a complete and accurate copy of the policy.