# Endorsement No. 6

**NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT**

**BROAD FORM**

**Issued to:** International Business Machines Corp., Etal City Insurance Company

**5-21-80**

**HEC 9 82 65 32**

## Endorsement Text

It is agreed that the policy does not apply:

I. Under any Liability Coverage for injury or death of (a) any person or persons, or (b) resulting from the hazardous properties of nuclear material and all insured have the right to recover under the Nuclear Energy Liability Insurance Association of Canada, or would be an insured under such such association, or would be entitled to the limit of liability, or

II. Under any Medical Payment Coverage for personal injury or death of (a) any person or persons, or (b) resulting from the hazardous properties of nuclear material and all insured have the right to recover under the Nuclear Energy Liability Insurance Association of Canada, or would be an insured under such such association, or would be entitled to the limit of liability, or

III. Under any Liability Coverage for injury, sickness, disease, death, or resulting from the hazardous properties of nuclear material and arising out of the operation, maintenance, or use of any nuclear reactor, but if such facility is located within the United States of America, its territories or possessions, this exclusion does not apply only to injury to or destruction of property at such nuclear facility.

IV. As used in this endorsement:

"**hazardous properties**" include radioactive and 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 them in the Atomic Energy Act of 1954 or in any law amending thereof.

"**open fuel**" means any fuel element or fuel component, solid or liquid, which has been used or exposed to heat within a nuclear reactor;

"**waste**" means any waste material (1) containing byproduct material and (2) resulting from the operation, use, or organization of any nuclear facility included within the definition of nuclear facilities under paragraph (d) 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 or at any time the total amount of such material in the custody of the insured at the premises where such equipment is located exceeds 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 includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for 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" or "destruction" includes all forms of radioactive contamination of property.

**Authorized Representative**