**The Aetna Casualty and Surety Company**

**Hartford, Connecticut**

**EXCESS OVERLAYER INDEMNITY POLICY**

**THE AETNA CASUALTY AND SURETY COMPANY**
Hartford, Connecticut 06115

(a stock insurance company, herein called "Aetna Casualty")

**IN CONSIDERATION of the payment of the premium and subject to all of the terms of this policy, agrees with the Insured named in the declarations as follows:**

**POLICY NO.** 01XN406 WCA

**Section 1. DECLARATIONS**

**NAMED INSURED AND ADDRESS**
INTERNATIONAL BUSINESS MACHINES CORP. ETAL (SEE ENDORSEMENT)
ARMONK, NEW YORK 10504

**POLICY PERIOD:**
From 5-21-73 To 5-21-76
12:01 A.M. standard time at the address of Insured

**PREMIUM:**
Flat charge

**LIMITS OF LIABILITY:**
- 25% (10,000,000 MAXIMUM) QUOTA SHARE OF 40,000,000 EACH OCCURRENCE
- 25% (10,000,000 MAXIMUM) QUOTA SHARE OF 40,000,000 ANNUAL AGGREGATE

**ENDORSEMENTS:**
1. Broad Form Nuclear Energy Exclusion, Form No. 13113-A
2. EXCLUSION-POLLUTION AND CONTAMINATION
3. NAMED INSURED
4. SPECIAL-NON CONCURRENCY ENDORSEMENT
5. EXCLUSION-FAILURE OF PRODUCTS TO PERFORM AS INTENDED
6. CANADIAN PREMIUM ALLOCATION

**AETNA CASUALTY will indemnify the INSURED against EXCESS NET LOSS arising out of an accident or occurrence during the policy period, subject to the limits of liability stated in Section 1, and to all of the terms of this policy.**

"INSURED" means any person or organization who qualifies as an Insured under these terms of the Controlling Underlying Insurance.