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The following endorsement modifies the provisions of this policy:
<br /> Nuclear Energy Liability Exclusion and Endorsement—Broad Form
<br /> It is agreed that:
<br /> I. The policy does not apply:
<br /> A. Under any Liability Coverage,to Bodily Injury or Property Damage
<br /> (1) with respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy issued
<br /> by Nuclear Energy Liability Insurance Association,Mutual Atomic Energy Liability Underwriters or Nuclear Insurance
<br /> Association of Canada,or would be an Insured under any such policy but for its termination upon the exhaustion of
<br /> its limit of liability; or
<br /> (2) resulting from the Hazardous Properties of Nuclear Material and with respect to which (a) any person or
<br /> organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law
<br /> mandatory thereof,or(b)the Insured is,or had this policy not been issued would be entitled to indemnity from the
<br /> United States of America or any agency thereof, under any agreement entered into by the United States of
<br /> America, or any agency thereof,with any person or organization.
<br /> B. Under any Supplementary Payments or Claims Expenses provision relating to first aid,to expenses incurred with respectto
<br /> Bodily Injury resulting from the Hazardous Properties of Nuclear Material and arising out of the operation of a Nuclear
<br /> Facility by any person or organization.
<br /> C. Under any Liability Coverage,to Bodily Injury or Property Damage resulting from the Hazardous Properties of Nuclear
<br /> Material, if
<br /> (1) the Nuclear Material(a)is at any Nuclear Facility owned by,or operated by or on behalf of,any Insured or(b)
<br /> has been discharged or dispersed therefrom;
<br /> (2) the Nuclear Material is contained in Spent Fuel or Waste at any time possessed, handled, used, processed,
<br /> stored,transported or disposed of by or on behalf of an Insured; or
<br /> (3) the Bodily Injury or Property Damage arises out of the furnishing by an Insured of services,materials, parts or
<br /> equipment in connection with the planning,construction,maintenance,operation or use of any Nuclear Facility,
<br /> but if such facility is located within the United States of America, its territories or possession or Canada, this
<br /> exclusion(3)applies only to Property Damage to such Nuclear Facility and any property thereof.
<br /> ll. As used in this endorsement:
<br /> "Hazardous Properties"include radioactive,toxic or explosive properties;
<br /> "Nuclear Material"means Source Material,Special Nuclear Material or By-product Material;
<br /> "Source Material""Special Nuclear Material"and"By-product Material"have the meanings given them in the Atomic Energy Act
<br /> of 1954 or in any law amendatory thereof;
<br /> "Spent Fuel"means any fuel element or fuel component,solid or liquid,which has been used or exposed to radiation in a Nuclear
<br /> Reactor;
<br /> "Waste" means any waste material
<br /> (a) containing By-product Material other than the tailings or Wastes produced by the extraction or concentration of uranium or
<br /> thorium from any ore processed primary for its source material content,and
<br /> (b) resulting from the operation by any person or organization of any Nuclear Facility included under the first two paragraphs of
<br /> the definition of Nuclear Facility;
<br /> "Nuclear Facility"means
<br /> (a) any Nuclear Reactor,
<br /> b any equipment or device designed or used for(1)separating the isotopes of uranium or plutonium(2)processing or utilizing
<br /> Spent Fuel,or(3)handling, processing or packaging Waste,
<br /> (c) any equipment or device used for the processing,fabricating or alloying of Special Nuclear Material if at any time the total
<br /> amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of
<br /> or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of
<br /> uranium 235,
<br /> (d) any structure, basis,excavation, premises or place prepared or used for the storage of disposal of Waste;
<br /> and includes the site on which any of the foregoing is located,all operations conducted on such site and all premises used for such
<br /> operations;
<br /> "Nuclear Reactor"means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction orto contain a
<br /> critical mass of fissionable material;
<br /> "Property Damage"includes all forms of radioactive contamination of property.
<br /> New York-It is agreed that the provisions of the"Nuclear Energy Liability Exclusion and Endorsement-Broad Form"printed
<br /> above,do not apply in New York with respect to any Non-Owned Auto Liability Coverage afforded by this policy,
<br /> PLJ-2037(05/98)(Ed.09111) ©2011,Fireman's Fund Insurance Company,Novato,CA. All rights reserved. Page 13 of 13
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