# Zurich-American Insurance Companies

## Endorsement #1

**PG. 4**

**This endorsement changes the policy. Please read it carefully.**

| Policy No | Eff. Date of Pol | Exp. Date of Pol | Eff. Date of End | Agency No. | Add'l Premium | Return Premium |
|-----------|------------------|------------------|------------------|------------|---------------|----------------|
| CGL 32 78 678 | 5/21/84 | 5/21/89 | 5/21/84 | 50-515-810 | $ | $ |

**This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations.**

**Named Insured:** INTERNATIONAL BUSINESS MACHINES CORP.

**Address (including Zip Code):** ARMONK, N.Y. 10504

**This endorsement changes such insurance as is afforded by provisions of the policy relating to the following:**

### 2. AS RESPECTS PRODUCTS AND COMPLETED OPERATIONS
NO SETTLEMENT OF ANY CLAIM OR SUIT WITHIN THE SCOPE OF THIS INSURANCE WILL BE MADE BY THE INSURED WITHOUT THE CONSENT OF THE COMPANY, PROVIDED, HOWEVER, THAT THE COMPANY AGREES THAT THAT SETTLEMENTS CAN BE MADE BY THE INSURED SUBJECT TO A MAXIMUM OF $1,000. INCLUDING THE COMPANY'S LIABILITY FOR ANY ONE ACCIDENT, HOWEVER, SUCH SETTLEMENT SHALL NOT PREJUDICE THE INSURED'S RIGHTS HEREUNDER IN THE EVENT THE SAID SETTLEMENT SHALL BE SET ASIDE OR HELD VOID.

### NOTICE TO COMPANY
8. NOTICE GIVEN BY OR ON BEHALF OF THE INSURED TO ANY AUTHORIZED AGENT OF THE COMPANY WITH PARTICULARS SUFFICIENT TO IDENTIFY THE INSURED, SHALL BE DEEMED TO BE NOTICE TO THE COMPANY. FAILURE TO GIVE SUCH NOTICE WITHIN THE TIME SPECIFIED IN THE POLICY SHALL NOT INVALIDATE ANY CLAIM MADE BY THE INSURED IF IT SHALL BE SHOWN NOT TO HAVE BEEN REASONABLY POSSIBLE TO GIVE SUCH NOTICE WITHIN THE PRESCRIBED TIME AND THAT NOTICE WAS GIVEN AS SOON AS PRACTICABLE.

THE WORDING "AS SOON AS PRACTICABLE" SHALL MEAN AFTER AN ACCIDENT BECOMES KNOWN TO THE MANAGER OF INSURANCE AT THE INSURED'S OFFICE AT PURCHASE, N.Y.

### "OTHER INSURANCE" PROVISION AMENDMENT
9. AMENDMENT OF CONDITION (6) - OTHER INSURANCE

IF OTHER VALID AND COLLECTIBLE INSURANCE IS AVAILABLE TO THE INSURED COVERING A LOSS ALSO COVERED BY THIS POLICY (OTHER THAN INSURANCE THAT IS SPECIFICALLY IN EXCESS OF THE INSURANCE AFFORDED BY THIS POLICY) THE INSURANCE AFFORDED BY THIS POLICY SHALL BE IN EXCESS, EXCEPT WHEN THE NAMED INSURED HAS AGREED IN WRITING TO PROVIDE PRIMARY INSURANCE, OF AND SHALL NOT CONTRIBUTE WITH SUCH OTHER INSURANCE.

Countersigned: [Authorized Representative]

U.CA-161-A (7-81 ed)

MM 009679