# ENDORSEMENT

**# 9**

**This endorsement, effective at 12:01 A.M. May 21, 1978, is part of policy No. 122 96 79 issued to International Business Machines by National Union Fire Insurance Company.**

## AIRCRAFT PRODUCTS AND GROUNDING ENDORSEMENT

In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is understood and agreed that such coverage as is afforded by this policy shall not apply to any liability arising out of "Aircraft Products and Completed Operations" or reliance upon any representation or warranty made with respect thereto, nor to any liability arising out of the use of any aircraft.

"Aircraft Products and Completed Operations" means:
(1) Aircraft (including missiles or space craft and ground support or control equipment used thereon), and any other goods or products manufactured, sold, handled, or distributed by the Insured or any services provided or recommended by the Insured or by trading under his name for use in the manufacture, repair, operation, maintenance, or use of any aircraft; and
(2) Any articles furnished by the Insured and installed in aircraft or used in connection with aircraft or for spare parts therefor, including ground handling tools and equipment, and also means training aids, instructions, manuals, blueprints, engineering or other data, engineering or other advice, and labor relating to such aircraft or articles.

"Grounding" shall mean the withdrawal of one or more aircraft from flight operations or the imposition of speed, passenger or load restrictions on an aircraft, by reason of the existence of or alleged or suspected existence of defect, fault, or condition in such aircraft or any part thereof sold, handled, or distributed by the Insured or manufactured, assembled, or processed by any person or organization according to specifications, plans, suggestions, or drawings of the Insured or with tools, machinery, or other equipment furnished to such persons or organizations by the Insured, whether such aircraft so drawn are owned or operated by the same or different persons, organizations, corporations.

A grounding shall be deemed to commence on the date of an accident or occurrence which discloses such condition, or on the date an aircraft is first withdrawn from service on account of such condition, whichever occurs first.