c. applies only to property damage to or destruction of any property at such nuclear facility.

The following words are defined for purposes of this exclusion C.

* **Property damage** includes all forms of radioactive contamination of property.
* **Hazardous properties** include radioactive, toxic, or explosive properties.
* **Nuclear material** means source material, special nuclear material or by-product material.
    * Source material, special nuclear material, and by-product material have the meanings given them in 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 containing by-product material resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (1), or (2) 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, fabricating, or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than twenty-five (25) grams of plutonium or uranium 233 or any combination thereof, or more than two hundred fifty (250) grams of uranium 235.
* **d.** any structure, basin, excavation, premise, or place prepared or used for the storage or disposal of waste.
* **e.** any site on which any of the foregoing is located, all operations conducted on such site, and all premises used for such operation.
* **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.

## VIII. GENERAL CONDITIONS

### A. Legal Action Against the Company

No legal action may be brought against the Company until there has been full compliance with all the terms of the Underlying Policy and of this policy. In addition, no legal action may be brought against the Company until it agrees in writing that the Insured has an obligation to pay or until the amount of that obligation has been finally determined by judgment after trial. No person or