# Endorsement No. 3

**Additional Premium:** _______
**Return Premium:** _______

**Name of Insured:** INTERNATIONAL BUSINESS MACHINES CORPORATION, ETAL (PER END. NO. 1)

## Pollution Exclusion - Absolute

In consideration of the premium charged, it is hereby understood and agreed that this policy shall not apply to any liability for 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 or other irritants, contaminants or pollutants into or upon land, the atmosphere, or any water-course or body of water.

It is understood and agreed that the intent and effect of this exclusion is to delete from any and all coverages afforded by this policy any claim action, judgment, liability, settlement, defense or expenses in any way arising out of such discharge, dispersal, release or escape whether such results from the insured's activities or the activities of others and whether or not such is sudden or gradual and whether or not such is accidental, intended, foreseeable, expected, fortuitous or inevitable, and wherever such occurs.

It is further agreed that in the event underlying limits or aggregates are exhausted due to claims brought against the insured for occurrences excluded by this endorsement, this policy shall apply excess of the limits shown on the declarations page for all claims against the insured regardless of cause.

Nothing herein contained shall be held to vary, alter, waive or change any of the terms, limits or conditions of the policy, except as hereinabove set forth.

This endorsement is effective MAY 21, 1985

Attached to and forming part of Policy No. 75-104423 of the AIU INSURANCE COMPANY

American International Underwriters

AG/WY
7/3/85