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COMMERCIAL EXCESS LIABILITY <br /> CX 21 01 09 08 <br /> THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY <br /> NUCLEAR ENERGY LIABILITY <br /> EXCLUSION ENDORSEMENT <br /> (BROAD FORM) <br /> This endorsement modifies insurance provided under the following: <br /> COMMERCIAL EXCESS LIABILITY COVERAGE PART <br /> The following exclusion is added to Paragraph 2., (3) The "injury or damage" arises out of the <br /> Exclusions furnishing by an insured of services, mate- <br /> 2. Exclusions rials, parts or equipment in connection with <br /> NUCLEAR ENERGY LIABILITY the planning, construction, maintenance, <br /> operation or use of any"nuclear facility", but <br /> a. Under any Liability Coverage, to "injury or if such facility is located within the United <br /> damage", States of America, its territories or posses- <br /> (1) With respect to which an insured under the sions or Canada, this Exclusion (3) applies <br /> policy is also an insured under a nuclear only to property damage to such "nuclear <br /> energy liability policy issued by Nuclear En- facility and any property thereat. <br /> ergy Liability Insurance Association, Mutual c. As used in this endorsement: <br /> Atomic Energy Liability Underwriters, Nu- "Hazardous properties" includes radioactive, <br /> clear Insurance Association of Canada or toxic or explosive properties. <br /> any of their successors, or would be an in- <br /> sured under any such policy but for its ter- "Nuclear material" means "source material", <br /> " <br /> mination upon exhaustion of its limit of li- special nuclear material" or "by-product mate- <br /> ability; or rial" <br /> (2) Resulting from the "hazardous properties" "Source material", "special nuclear material", <br /> of "nuclear material" and with respect to and "by-product material" have the meanings <br /> which (a) any person or organization is re- given them in the Atomic Energy Act of 1954 or <br /> quired to maintain financial protection pur- in any law amendatory thereof <br /> suant to the Atomic Energy Act of 1954, or "Spent fuel" means any fuel element or fuel <br /> any law amendatory thereof, or (b) the in- component, solid or liquid, which has been <br /> sured is, or had this policy not been issued used or exposed to radiation in a"nuclear reac- <br /> would be, entitled to indemnity from the tor" <br /> United States of America, or any agency "Waste" means any waste material (a) contain- <br /> thereof, under any agreement entered into ing "by-product material" other than the tailings <br /> by the United States of America, or any or wastes produced by the extraction or con- <br /> agency thereof, with any person or organi- centration of uranium or thorium from any ore <br /> zation processed primarily for its "source material" <br /> b. Under any Liability Coverage, to "injury or content, and (b) resulting from the operation by <br /> damage" resulting from "hazardous properties" any person or organization of any "nuclear fa- <br /> of"nuclear material", if- cility" included under the first two paragraphs of <br /> (1) The "nuclear material" (a) is at any"nuclear the definition of"nuclear facility" <br /> facility" owned by, or operated by or on be- "Nuclear facility" means. <br /> half of, an insured or (b) has been dis- (a) Any"nuclear reactor", <br /> charged or dispersed therefrom, <br /> (2) The "nuclear material" is contained in (b) Any equipment or device designed or <br /> "spent fuel" or "waste" at any time pos- used for (1) separating the isotopes of <br /> uranium or plutonium, (2) processing or <br /> sessed, handled, used, processed, stored, utilizing "spent fuel", or (3) handling, <br /> transported or disposed of, by or on behalf processing or packaging "waste'; <br /> of an insured; or <br /> CX 21 0109 08 0 ISO Properties, Inc. 2007 Page 1 of 2 ❑ <br />