# EXCLUSIONS

In addition to any exclusions contained in the controlling underlying insurance policy(ies), this policy shall not apply to:

1. Liability imposed on the Insured under the Employees' Retirement Income Security Act (E.R.I.S.A.) of 1974 or changes to it.
2. Any obligation:
   a. To investigate, settle or defend any claim or suit against any Insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard;
   b. To pay, contribute to or indemnify the Insured for any damages, judgements, settlements, loss, costs or expenses that may be awarded or incurred by reason of any such claim or suit or any such injury or damage, or in complying with any action authorized by law and relating to such injury or damage.

As used in this exclusion, pollution hazard means an actual exposure or threat of exposure to the corrosive, toxic or other harmful properties of any solid, liquid, gaseous or thermal pollutants, contaminants, irritants or toxic substances, including, but not limited to smoke, vapors, soot, fumes, acids or alkalis, and waste materials consisting of or containing any of the foregoing.

3. Any obligation:
   a. To investigate, settle or defend any claim or suit against any Insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the asbestos hazard;
   b. To pay, contribute to or indemnify the Insured for any damages, judgements, settlements, loss, costs or expenses that may be awarded or incurred by reason of any such claim or suit or any such injury or damage, or in complying with any action authorized by law and relating to such injury or damage.

As used in this exclusion, asbestos hazard means an actual exposure or threat of exposure to the harmful properties of asbestos; or, the presence of asbestos in any place, whether or not within a building or structure.

4. Any liability incurred by an Insured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction or damage to property by or under the order of any government or public or local authority.

5. Any Liability:
   a. For bodily injury, property damage, personal injury, advertising injury if:
      (1) with respect to which an Insured under