**HIS ENDORSEMENT, EFFECTIVE 12:01 A.M. 05/21/91 FORMS A PART OF**

**POLICY NO. 308-31-33 ISSUED TO INTERNATIONAL BUSINESS MACHINES CORP.**

**BY AMERICAN HOME ASSURANCE COMPANY**

**WRONGFUL TERMINATION, HARASSMENT AND DISCRIMINATION EXCLUSION**

IT IS UNDERSTOOD AND AGREED THAT AS RESPECTS COMPREHENSIVE GENERAL LIABILITY COVERAGE AFFORDED, THIS INSURANCE POLICY DOES NOT PROVIDE COVERAGE FOR PERSONAL INJURY CLAIMS ARISING OUT OF THE FOLLOWING:

(1) A PAST, PRESENT OR PROSPECTIVE EMPLOYEE OF THE INSURED, ARISING FROM ANY EMPLOYMENT ACTION, PRACTICE OR POLICY OF THE INSURED INCLUDING BUT NOT LIMITED TO THAT OF HIRING OR FIRING, PROMOTION OR DEMOTION, PERFORMANCE EVALUATION, COMPENSATION, DISCIPLINARY ACTION, RETIREMENT, LAYOFF OR TRANSFER, OR

(2) ANY RELATIVE OR MEMBER OF THE FAMILY OF THAT PAST, PRESENT, OR PROSPECTIVE EMPLOYEE AS CONSEQUENCE OF (1) ABOVE.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

**AUTHORIZED REPRESENTATIVE**