# Endorsement # 11

**This Endorsement, Effective:** 12:01 A.M.
**MAY 21, 1999**
**Forms A Part Of**

**Policy Number:** BE 701 41 56
**Issued To:** International Business Machines Corporation

**By:** National Union Fire Insurance Company of Pittsburgh, PA.

## Named Peril and Time Element Pollution Endorsement

### b. It was demonstrable as having commenced on a specific date during the term of this policy; and
### c. Its commencement became known to the Named Insured within twenty (20) calendar days and was further reported to the Risk Management Department within a reasonable time frame; and
### d. Its commencement was reported in writing to us within eighty (80) calendar days of becoming known to the Risk Management Department; and
### e. Reasonable effort was expended by the Named Insured to terminate the situation as soon as conditions permitted.

However, nothing contained in this provision 3. shall operate to provide any coverage with respect to:
- **a. Any site or location principally used by the Insured, or by others on the Insured's behalf, for the handling, storage, disposal, dumping, processing or treatment of waste material;**
- **b. Any fines or penalties;**
- **c. Any clean up costs ordered by the Superfund Program, or any federal, state or local governmental authority. However, this specific exclusion c. shall not serve to deny coverage for third party clean up costs otherwise covered by this endorsement simply because of the involvement of a governmental authority;**
- **d. Acid rain;**
- **e. Clean up, removal, containment, treatment, detoxification or neutralization of pollutants situated on premises the Insured owns, rents or occupies at the time of the actual discharge, dispersal, seepage, migration, release or escape of said pollutants.**

It is further agreed that solely as respects any coverage granted by this endorsement:

1. The Self-Insured Retention in Item 3. D. of the Declarations is amended to $5,000,000.

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