# ENDORSEMENT #0017

**THIS ENDORSEMENT, EFFECTIVE 12:01 A.M. MAY 21, 1993**

**FORMS A PART OF POLICY NO. BE 308-61-20**

**ISSUED TO:** INTERNATIONAL BUSINESS MACHINES CORPORATION

**BY:** NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

## EMPLOYEE BENEFITS LIABILITY ENDORSEMENT

**(C) "OCCURRENCE"**

FOR THE PURPOSE OF THIS ENDORSEMENT ONLY CLAIMS MADE AGAINST THE INSURED DURING THE POLICY PERIOD SHALL BE REGARDED AS COVERED. IF DURING THE POLICY PERIOD THE INSURED BECOMES AWARE OF ANY EVENT WHICH MAY SUBSEQUENTLY GIVE RISE TO A CLAIM AGAINST THEM BY REASON OF ANY NEGLIGENT ACT, ERROR OR OMISSION AND SHALL DURING THE POLICY PERIOD GIVE WRITTEN NOTICE TO THE COMPANY OF SUCH EVENT, ANY CLAIM WHICH MAY SUBSEQUENTLY BE MADE AGAINST THE INSURED ARISING OUT OF THE NEGLIGENT ACT, ERROR OR OMISSION SHALL BE DEEMED FOR THE PURPOSE OF THIS ENDORSEMENT TO HAVE BEEN MADE DURING THE POLICY PERIOD.

**(D) "ULTIMATE NET LOSS"**

THE TERM "ULTIMATE NET LOSS" AS DEFINED IN THE POLICY, IS AMENDED TO INCLUDE EMPLOYEE BENEFITS LIABILITY AS DEFINED IN PARAGRAPH I ABOVE.

### III.

THE INSURANCE AFFORDED BY THIS ENDORSEMENT SHALL NOT APPLY TO ANY LIABILITY HEREUNDER UNLESS SUCH LIABILITY IS COVERED BY VALID AND COLLECTIBLE UNDERLYING INSURANCE AS STATED IN THE SCHEDULE OF UNDERLYING INSURANCE AND THEN ONLY FOR SUCH HAZARDS FOR WHICH COVERAGE IS AFFORDED UNDER SAID UNDERLYING INSURANCE.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

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AUTHORIZED REPRESENTATIVE

INSURED'S COPY