Bush, Roed & Hitchings Inc. 2/23/2017

NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply to: Canada, this Exclusion 2.c. applies only to "nuclear property damage" to such "nu- 1. Any liability, injury or damage: clear facility" and any property therein. a. with respect to which any "Insured" under 3. As used in this exclusion: the policy is also an "Insured" under a nuclear energy liability policy issued by a. "Hazardous properties" includes radioac- Nuclear Energy Liability Insurance Associ- tive, toxic or explosive properties. ation, Mutual Atomic Energy Liability Un- derwriters, Nuclear Insurance Association b. "Nuclear facility" means: of Canada or any of their successors, or would be an "Insured" under any such i. any "nuclear reactor; policy but for its termination upon exhaus- ii. any equipment or device designed or tion of its Limits of Insurance; or used for b. resulting from the "hazardous properties" of "nuclear material" and with respect to (1) separating the isotopes of urani- which (a) a person or organization is re- quired to maintain financial protection pur- (2) processing or utilizing "spent suant to the Atomic Energy Act of 1954, or fuel" or any law amendatory thereof, or (b) any "Insured" is, or had this policy not been (3) handling, processing or packaging issued would be, entitled to indemnity "nuclear waste"; from the United States of America, or any agency thereof, under any agreement en- iii. any equipment or device used for the tered into by the United States of America, processing, fabricating or alloying of or any agency thereof, with any person or "special nuclear material" if at any organization. time the total amount of such material in the custody of any "Insured" at the 2. Any injury or "nuclear property damage" re- premises where such equipment or de- suiting from the "hazardous properties" of vice is located consists of or contains "nuclear material," if: more than 25 grams of plutonium or uranium 233 or any combination there- a. the "nuclear material" (a) is at any "nu- of, or more than 250 grams of uranium clear facility" owned by, or operated by or 235; on behalf of, any "insured" or (b) has been discharged or dispersed therefrom; iv. any structure, basin, excavation, prem- ., ises or place prepared or used for the b. the "nuclear material" is contained in storage or disposal of, "nuclear "spent fuel" or "nuclear waste" at any waste," and includes the site on which time possessed, handled, used, processed, any of the foregoing is located, all op- stored, transported or disposed of by or on erations considered on such site and ,74 behalf of any "Insured"; or all premises used for such operations. c. the injury or "nuclear property damage" c. "Nuclear material" means "source mate- arises out of the furnishing by any "In- rial," "special nuclear material" or by- sured" of services, materials, parts or product material. equipment in connection with the plan- ning, construction, maintenance, operation d. "Nuclear property damage" includes all or use of any "nuclear facility," but if such forms of radioactive contamination of facility is located within the United States property. of America, its territories or possessions or CU 60 02 06 97 (Page 14 of 15)