**ENDORSEMENT NO. 1**

This endorsement, effective 12:01 A.M., MAY 21, 1978, forms a part of policy No. 551-28-81 issued to INTERNATIONAL BUSINESS MACHINES by Lexington Insurance Company.

**ERISA EXCLUSION**

In consideration of the premium charged, it is agreed that coverage afforded by this Policy with respect to Employee Benefit Liability shall not apply to any claim or claims arising out of a breach of professional duty as contemplated under the Employee Retirement Income Security Act of 1974 or amendments thereto.

All other terms and conditions remain unchanged.