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a <br />Y <br />~ This endorsement issued to Betsy Benton forms part of Policy Number. 1109 -00129742A and is effective, <br />12:01a.m., 11/07120013. <br />NUCLEAR INCIDENT EXCLUSION <br />In consideration of the premium charged, it is further understood and agreed that the following exclusion is hereby added to <br />this policy: <br />This Policy does not apply to any Claim: <br />Under any Liability Coverage, to injury, sickness, disease, death or destruction: <br />0 <br />a) with respect to which an Insured under the Policy is also an Insured under a nuclear energy liability policy <br />issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or <br />Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its <br />termination upon exhaustion of its limit of liability; or <br />b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or <br />organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any <br />law amendatory thereof, or (2) the Insured is, or had this Policy not been issued would be, entitled to <br />indemnity from the 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 />II) Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate <br />medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting form <br />the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or <br />organization. <br />III) Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous <br />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) <br />has been discharged or dispersed there from; <br />b) 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 />C) the injury, sickness, disease, death or destruction arises out of the furnishing by an Insured of services, <br />materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of <br />any nuclear facility, but if such facility is located within the United States of America, its territories or <br />possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear <br />facility. <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 by- product material; "source material ", "special nuclear material ", and "by- product material" <br />have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof; "spent fuel" means <br />any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor, <br />"wastes" means any waste material (1) containing by- product material and <br />(2) resulting from the operation by any person or organization of any nuclear facility included within the definition of <br />nuclear facility under paragraph (a) or (b) thereof; "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) <br />processing 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 <br />time the total amount of such material in the custody of the insured at the premises where such equipment <br />