# THE CHUBB COMMERCIAL EXCESS

## Endorsement

**Policy Period:** MAY 21, 1997 to MAY 21, 1998  
**Effective Date:** May 21, 1997  
**Policy Number:** (98) 7908-98-97 CAS  
**Insured:** INTERNATIONAL BUSINESS MACHINES CORP., ETAL (AS PER CONTROLLING U/L INSURANCE)  
**Name of Company:** VIGILANT INSURANCE COMPANY  
**Date Issued:** June 12, 1997  

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## Endorsement Pollution Exclusion - Hostile Fire

**THIS POLICY IS SUBJECT TO THE FOLLOWING ENDORSEMENT**

Under "Exclusions", it is agreed that the exclusion titled "Pollution Liability" is deleted and replaced by the following:

### Pollution Liability

1. any liability arising out of the actual, alleged or threatened discharge, dispersal, migration, release, escape, or seepage of pollutants; however, this does not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire:
   a. at or from any premises, site or location which is or was at any time owned or occupied by or rented to any insured; or
   b. at or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the pollutants are brought on or to the premises, site or location in connection with such operations by such contractor or subcontractor.
2. any loss, cost or expense arising out of any:
   a. request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to, or assess the effects of pollutants; or
   b. claim or suit by or on behalf of any governmental authority or others for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to, or assessing the effects of pollutants.

As used in this exclusion:
1. hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be; and

**Pollution Exclusion - Hostile Fire**
Form 07-02-0931 (Rev. 6/94) Endorsement
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