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081 * 06/07/2021 * UMB 3952752 00 GREAT AMERICAN ALLIANCE INS CO <br />*D/B* 121126296 255044 <br />a. with respect to which an "Insured" under this Policy is also insured under a nuclear <br />energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual <br />Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any <br />of their successors, or would be insured under any such policy but for its termination <br />upon exhaustion of its Limit of Liability; or <br />b. resulting from the "hazardous properties" of "nuclear material' and with respect to <br />which (a) any person or organization is required to maintain financial protection <br />pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) any <br />"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 <br />the United States of America, or any agency thereof, with any person or organization. <br />2. "Bodily injury," "property damage," "personal injury," "advertising injury," or 'nuclear <br />property damage," however caused, arising or resulting from, directly or indirectly, the <br />"hazardous properties" of "nuclear material," if: <br />a. the "nuclear material' (a) is at any "nuclear facility" owned by, or operated by or on <br />behalf of, any "Insured" or (b) has been discharged or dispersed therefrom; <br />b. the "nuclear material' is contained in "spent fuel' or "nuclear waste" at any time <br />possessed, handled, used, processed, stored, transported or disposed of, by or on <br />behalf of any "Insured"; or <br />c. the "bodily injury," "property damage," "personal injury," "advertising injury," or "nuclear <br />property damage" arises out of the furnishing by an "Insured" of services, materials, <br />parts or equipment in connection with the planning, construction, maintenance, <br />operation or use of any "nuclear facility," but if such facility is located within the United <br />States of America, its territories or possessions or Canada, this exclusion 2.c. applies <br />only to "property damage" to such "nuclear facility" and any property in or at that <br />"nuclear facility." <br />3. As used in this Nuclear Energy Liability exclusion: <br />"Hazardous properties" includes radioactive, toxic or explosive properties <br />"Nuclear material" means "source material," "special nuclear material' or "by-product <br />material." <br />"Source material," "special nuclear material," and "by-product material' have the meanings <br />given them in the Atomic Energy Act 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 <br />or exposed to radiation in a "nuclear reactor." <br />"Nuclear waste" means any waste material (a) containing "by-product material' other than <br />the tailings or wastes produced by the extraction or concentration of uranium or thorium <br />from any ore processed primarily for its "source material' content, and (b) resulting from <br />the operation by any person or organization of any "nuclear facility" included under the first <br />two paragraphs of the definition of "nuclear facility." <br />"Nuclear facility" means: <br />a. any "nuclear reactor"; <br />GAI 6002 (Ed. 04/10) XS (Page 8 of 26) <br />