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USC00873025U Afflanz f, SECTION V. NUCLEAR ENERGY LIABILITY EXCLUSION A. The policy does not apply: 1. Under any coverage, to injury, sickness, disease, death or destruction: a. With respect to which any Insured under this policy is also an insured under a nuclear energy liability policy issued by: (1) Nuclear Energy Liability Insurance Association; (2) Mutual Atomic Energy Liability Underwriters; or (3) Nuclear Insurance Association of Canada; or would be insured under any such policy but for its termination upon exhaustion of its limit of liability; or b. Resulting from the "Hazardous Properties" of "Nuclear Material" and with respect to which: (1) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (2) Any Insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Under any liability coverage, to injury, sickness, disease, death or destruction resulting from the "Hazardous Properties" of "Nuclear Material", if: a. The "Nuclear Material": (1) Is at any "Nuclear Facility'° owned by, or operated by or on behalf of, any Insured, or (2) Has been discharged or dispersed therefrom; b. The "Nuclear Material" is contained in "Spent Fuel" or "Waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of any Insured; or c. The injury, sickness, disease, death or destruction arises out of the furnishing by any Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "Nuclear Facility". But if such facility is located within the United States of America, its territories or possessions or Canada, subsection c. applies only to injury to or destruction of property at such "Nuclear Facility". B. As used in this exclusion: 1. "Hazardous Properties" includes radioactive, toxic or explosive properties. 2. "Nuclear Material" means "Source Material", "Special Nuclear Material" or "By -Product Material". 3. "Source Material", "Special Nuclear Material", and "By -Product Material" have the meaning given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 4. "Spent Fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "Nuclear Reactor'. 5. "Waste" means any material which: a. Contains "By -Product Material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium, from any ore processed primarily for its Source Material content; and b. Results from the operation by any person or organization of any "Nuclear Facility" included under a. and b. of the definition of "Nuclear Facility". 6. "Nuclear Facility" means: 54000619 Copyright 0 2403 Manz Global Risks US Insurance Company_ All rights reserved. Page 18 of 24