# NOTICE OF OCCURRENCE

Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered under Item 1 of the Declarations as herein applicable, provided however, that damage or loss due to any occurrence of which the Assured did not appear to involve this policy but which at a later date would appear to give rise to such claims.

## OTHER INSURANCE

If there is any other insurance with another insurer is available to the Assured covering a loss, damage, or injury, or such insurance that is in excess of the insurance afforded by this policy, the insurance afforded by this policy shall not contribute with such other insurance.

## DECLARATIONS

**ITEM 1:** NAMED ASSURED - INTERNATIONAL BUSINESS MACHINES CORP., ETAL

**ITEM 2:** Underlying Umbrella Policies - VARIOUS AS PER SCHEDULE ON FIEL WITH THE COMPANY

**ITEM 3:** Underlying Umbrella Limits (Insuring Agreement II): $130,000,000 BI/PD CSL

**ITEM 4:** Underlying Umbrella Aggregate Limits (Insuring Agreement II): $130,000,000 BI/PD CSL

**ITEM 5:** Limit of Liability (Insuring Agreement II): $2,000,000 BI/PD CSL P/O $45,000,000 BI/PD CSL

**ITEM 6:** Aggregate Limit of Liability (Insuring Agreement II): $2,000,000 BI/PD CSL P/O $45,000,000 BI/PD CSL

**ITEM 7:** Notice of Occurrence (Condition 4) to: BACCALA & SHOOP INSURANCE SERVICES, TWO CENTURY PLACE, SUITE 2100, 2049 CENTURY PARK EAST, LOS ANGELES, CA. 90067

## STATE EXCEPTIONS

**MARYLAND:** Condition 3. CANCELLATION is amended as follows: The words, "thirty (30) days" are deleted and replaced by the words "forty-five (45) days."

**MICHIGAN:** Condition 3. CANCELLATION is amended as follows: The words, "the address shown in this policy" are deleted and replaced by the words, "the last address of the Assured known to the Company."

**NEW YORK:** Condition 4. NOTICE OF OCCURRENCE is amended by the addition of the following subparagraphs: a. Any failure on the part of the Assured or on behalf of the Assured or the Company's authorized representative shall be considered notice to the Company; b. Failure by the Assured to give the Company or its authorized representative prompt notice of any occurrence within any time period in this policy will not invalidate a claim made by the Assured. If the Assured knew or should have known that it was not reasonably possible to give such notice within that prescribed time and that notice was given as soon as was reasonably possible.

**Condition 6. BANKRUPTCY AND INSOLVENCY:** is added as follows: "The insolvency or bankruptcy of the Assured, or the execution of judgment against the Assured, if continued unsatisfied because of such insolvency or bankruptcy, may impair the insured interest of the Company or its legal representative(s) may institute such action against the Company for the amount of the loss, not to exceed the limit of liability stated in this policy."

**The definition of NAME ASSURED:** is amended by the addition of the following words: "and/or officer, directors, stockholders, partners of the Assured while acting within the scope of their duties as such and of which prompt notice has been given to the Company."

**The section entitled, EXCLUSIONS:** is added as follows: "This policy shall not apply: 1. To any liability arising out of the violation of any statute, law or regulation prohibiting discrimination or humiliation because of race, color, national origin, 2. To any liability of the Assured hereunder for any loss, damage or expense caused or contributed to by the direction of the Named Assured."

ATTACHED TO AND FORMING A PART OF POLICY MLP 10 13 62

ISSUED TO: INTERNATIONAL BUSINESS MACHINES CORP., ETAL
DATE AT: NEW YORK, NEW YORK
BY: [Signature]