**NUCLEAR INCIDENT EXCLUSION ENDORSEMENT**

For attachment to Contract No.: X-4105, between: International Business Machines Corporation, et al and GENERAL REINSURANCE CORPORATION. Effective date of this Endorsement: July 1, 1967

From 12:01 o'clock A. M. Standard Time of the above effective date it is understood and agreed that the Contract of which this Endorsement forms a part is hereby amended in the following particulars:

It is agreed that the contract does not apply:
I. Under any Liability Coverage, to injury, sickness, disease, death or destruction
(a) with respect to which an insured under the contract is also an insured under a nuclear energy liability policy issued by the Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or
(b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization.
II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization.
III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material
(a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported, or disposed of by or on behalf of an insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, or the furnishing by an insured of services, materials, parts or equipment in connection with the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraphs (b) or (c) thereof; "nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste,
(c) any structure, basin, excavation, premises or place prepared or used for the storage or disposal 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 25 grams of plutonium or uranium 233 or any combination thereof, or more than 25 kilograms of enriched uranium 235,
(d) any structure, basin, excavation, premises 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 operations; "special reactor" means any apparatus designed or used to sustain nuclear fission in a self-sustaining chain reaction or to separate the isotopes of uranium or plutonium.
With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property.
V. If this contract to which this endorsement is attached refers to the party covered as the "reinsured" or "assured", such designation shall mean "insured" as used herein.
Nothing herein contained shall vary, alter or extend any agreement, provision, general condition or declaration of the Contract other than as above stated.

In Witness Whereof, the GENERAL REINSURANCE CORPORATION has caused this Endorsement to be signed by its President and Secretary at New York, New York, but the same shall not be binding upon the Reinsurer unless counter-signed by another officer of the Reinsurer.

**N. David Thompson**
Secretary

**R.L. Berdahl**
President

Countersigned at New York, New York this 8th day of June, 1957

GENERAL REINSURANCE CORPORATION

Vice President—Assistant Secretary