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<br />{first aid,
<br />to expenses incurred with respect to {bodily injury, sickness, disease or death
<br />{bodily injury
<br />resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person
<br />or organization.
<br />III. Under any Liability Coverage, to {injury, sickness, disease, death or destruction
<br />{bodily injury or property damage
<br />resulting from the hazardous properties of nuclear material, if
<br />(a) The nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has
<br />been discharged or dispersed therefrom;
<br />(b) The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored,
<br />transported or disposed of by or on behalf of an insured; or
<br />(c) The {injury, sickness, disease, death or destruction
<br />{bodily injury or property damage
<br />arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the
<br />planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within
<br />the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to
<br />{injury to or destruction of property at such nuclear facility,
<br />{property damage to such nuclear facility and any property thereat.
<br />IV. As used in this endorsement:
<br />“hazardous properties” include radioactive, toxic or explosive properties; “nuclear material” means source material,
<br />special nuclear material or byproduct material; “source material”, “special nuclear material”, and “byproduct material”
<br />have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; “spent fuel” means any
<br />fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; “waste”
<br />means any waste material (1) containing byproduct material other than the tailings or wastes produced by the extraction or
<br />concentration of uranium or thorium from any ore processed primarily for its source material content and (2) resulting from
<br />the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition
<br />of nuclear facility; “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
<br />or utilizing 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
<br />the total amount of such material in the custody of the insured at the premises where such equipment or device is
<br />located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or
<br />more than 250 grams of uranium 235,
<br />(d) Any structure, basin, excavation, premises or place prepared or used for the storage or 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
<br />for such operations; “nuclear reactor” means any apparatus designed or used to sustain nuclear fission in a self-supporting
<br />chain reaction or to contain a critical mass of fissionable material;
<br />{With respect to injury to or destruction of property, the word “injury” or “destruction,”
<br />{includes all forms of radioactive contamination of property.
<br />{“property damage” includes all forms of radioactive contamination of property.
<br />V. The inception dates and thereafter of all original policies affording coverages specified in this paragraph (3), whether new,
<br />renewal or replacement, being policies which become effective on or after 1st May, 1960, provided this paragraph (3) shall
<br />not be applicable to
<br />(i) Garage and Automobile Policies issued by the Company on New York risks, or
<br />(ii) Statutory liability insurance required under Chapter 90, General Laws of Massachusetts,
<br />until 90 days following approval of the Broad Exclusion Provision by the Governmental Authority having jurisdiction
<br />thereof.
<br />(4) Without in any way restricting the operation of paragraph (1) of this Clause, it is understood and agreed that paragraphs (2) and (3)
<br />above are not applicable to original liability policies of the Company in Canada and that with respect to such policies this Clause shall
<br />be deemed to include the Nuclear Energy Liability Exclusion Provisions adopted by the Canadian Underwriters’ Association or the
<br />Independent Insurance Conference of Canada.
<br />DocuSign Envelope ID: ED55B3D5-BAD0-45B4-977B-F09C4091C16A
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