(2) Any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing spent fuel or (c) handling, processing or packaging waste.

(3) Any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 23 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235.

(4) Any structure, basin, excavation, premise or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation;

"Nuclear Reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material.

### III DEFINITIONS

1. "Ultimate Net Loss" means the sums paid as damages in settlement of a claim or in satisfaction of a judgement for which the Insured is legally liable after making proper deductions for all recoveries and salvages collectible, and includes investigation, adjustment, appraisal, appeal and defence costs paid or incurred by the Insured with respect to damages covered hereunder. Ultimate Net Loss does not include (a) costs and expenses which an underlying insurer has paid or incurred or is obligated to pay to or on behalf of the Insured, (b) office costs and expenses of the Insured and salaries and expenses of employees of the Insured, (c) general retainer fees of counsel retained by the Insured or, (d) expenses incurred by the Insured under contract with another to provide loss prevention and/or claims services or similar services.

### IV SPECIAL CONDITIONS

A. **Maintenance of Underlying Insurance:** The policies of Underlying Insurance or renewals or replacements thereof, containing identical insuring agreements, warranties, terms, conditions, definitions and exclusions, shall be maintained by the Insured in full force and effect during the currency of this Policy, except for any reduction of the aggregate limits contained therein solely by payment of claims in respect of occurrences happening during this policy

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