# POLLUTION-ABSOLUTE EXCLUSION (WITH HOSTILE FIRE PROVISION)

| INSURED | POLICY NUMBER |
| --- | --- |
| INTERNATIONAL BUSINESS MACHINES CORP. | GFE 536 25 00 |
| PRODUCER | EFFECTIVE DATE |
| JOHNSON & HIGGINS | 5-21-91 |

**EXCLUSION 3. POLLUTION, is replaced by the following:**

3. POLLUTION -
   (a) To any liability, including defense, arising:
      (i) Directly,
      (ii) Indirectly, or
      (iii) In concrence, or in any sequence, with a cause for which coverage may be afforded by this policy, out of the actual, alleged or threatened existence, discharge, dispersal, seepage, migration, release or escape of pollutants.
   (b) To any loss, cost, or expense arising out of any request, demand or other issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants.

Pollutants means one or more man-made or naturally occurring solid, liquid, gaseous or thermal irritant or contaminant including but not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed.

It is the intent and effect of this provision to exclude any or all coverages afforded by this policy for any claim, action, judgment, liability, settlement, defense or expense in any way arising out of an existence, discharge, dispersal, seepage, migration, release or escape of pollutants whether such results from the Insured's activities or the activities of others and whether or not such is sudden, gradual, accidental, intended, foreseeable, expected, fortuitous, inevitable and wherever or however such occurs.

Paragraph (a) of this exclusion does not apply to bodily injury or property damage arising out of heat, smoke or fumes from a hostile fire:

(1) At or from premises the Insured owns, rents, or occupies; or
(2) At or from any site or location on which the Insured or any contractors or subcontractors working directly or indirectly on the Insureds behalf are performing operations.

As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED

GULF INSURANCE COMPANY