# EXCLUSIONS

In addition to any exclusions contained in the controlling underlying insurance policy(ies), this policy shall not apply to:

1. Liability imposed on the Insured under the Employees' Retirement Income Security Act (E.R.I.S.A.) of 1974 or changes to it.
2. Any obligation:
   a. To investigate, settle or defend any claim or suit against any Insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard; or
   b. To pay, contribute to or indemnify the Insured for any damages, judgements, settlements, loss, costs or expenses that may be awarded or incurred by reason of any such claim or suit or any such injury or damage, or in complying with any action authorized by law and relating to such injury or damage.

As used in this exclusion, pollution hazard means an actual exposure or threat of exposure to the corrosive, toxic or other harmful properties of any solid, liquid, gaseous or thermal pollutants, contaminants, irritants or toxic substances, including, but not limited to smoke, vapors, soot, fumes, acids or alkalis, and waste materials consisting of or containing any of the foregoing.

3. Any obligation:
   a. To investigate, settle or defend any claim or suit against any Insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the asbestos hazard, or
   b. To pay, contribute to or indemnify the Insured for any damages, judgements, settlements, loss, costs or expenses that may be awarded or incurred by reason of any such claim or suit or any such injury or damage, or in complying with any action authorized by law and relating to such injury or damage.

As used in this exclusion, asbestos hazard means an actual exposure or threat of exposure to the harmful properties of asbestos; or the presence of asbestos in any place, whether or not within a building or structure.

4. Any liability incurred by an Insured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction or damage to property by or under the order of any government or public or local authority.

5. Any Liability:
   a. For bodily injury, property damage, personal injury, advertising injury if:
      (1) with respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability; or
      (2) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the Insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America or any agency thereof, with any person or organization;
   b. For bodily injury, property damage, personal injury and advertising injury if:
      (1) the nuclear material (1) is at any nuclear facility owned by or operated on behalf of, an Insured or (2) has been discharged or dispersed therefrom;
      (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by the Insured or
      (3) the injury, sickness, disease, death, or destruction arises out of the furnishing by the Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to injury to or destruction or damage of property at such nuclear facility.
As used in this exclusion 5:
hazardous properties means source material, special nuclear material or byproduct material; source material, special nuclear materials and byproduct 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 (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility.
The company does not consider the documents constitute a complete and accurate copy of the policy.