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NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT <br />WOAD FORM) <br />This endorsement modifies the provisions of this policy. <br />It is agreed that <br />I. This policy does not apply: <br />A. Under any Liability Coverage, to bodily injury or property damage <br />(1) with respect to which an insured under this policy is also an insured <br />under a nuclear energy liability policy issued by Nuclear Energy Liability <br />Insurance Association, Mutual Atomic Energy Liability Underwriters or <br />Nuclear Insurance Association of Canada, or would be an insured under <br />any such policy but for its termination upon exhaustion of as limit of <br />liability; or <br />(2) resulting from the hazardous properties of nuclear material and with <br />respect to which la) any person or organization is required to maintain <br />financial protection pursuant to the Atomic Energy Act of 1954. or any <br />law amendatory thereof, or (b) the insured is, or had this policy not <br />been issued would be, entitled to indemnity from the United States of <br />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 <br />organization. <br />B. Under any Medical Payments Coverage, or under any Supplementary Pay. <br />menns provision relating to first aid, to expenses incurred with respect to <br />bodily injury resulting from the hazardous properties of nuclear material <br />and arising out of the operation of a nuclear facility by any person or <br />organization. <br />C. Under any Liability Coverage, to bodily injury or property damage resulting <br />from the hazardous properties of nuclear material, if <br />(1) the nuclear material (a) is at any nuclear facility owned by. or operated <br />by or on behalf of, an insured or Ib) has been discharged or dispersed <br />therefrom; <br />(2) the nuclear material is contained in spent fuel or waste at any time <br />possessed, handled, used, processed, stored, transported or disposed <br />of by or on behalf of an insured; or <br />(3) the bodily injury or property damage arises out of the furnishing by an <br />insured of services, materials, parts or equipment in connection with <br />the planning, construction. maintenance, operation or use of any nuclear <br />facility, but it such facility is located within the United States of <br />America, its territories or possessions or Canada. this exclusion (3) <br />applies only to property damage to such nuclear facility and any <br />property thereat. <br />6 <br />II As used in this endorsement. <br />"hazardous properties" include radioactive, toxic or explosive properties. <br />"nuclear material" means source material, special nuclear material or by- <br />product material; <br />"source material", "special nuclear material ", and "byproduct material" have <br />the meanings given them in the Atomic Energy Act of 1954 or in any law <br />amendatory thereof; <br />"spent fuel" means any fuel element or -fuel component, solid or liquid, which <br />has been used or exposed to radiation in a nuclear reactor; <br />"waste" means any waste material (1) containing byproduct material and <br />(2) resulting from the operation by any person or organization of any nuclear <br />facility included within the definition of nuclear facility under paragraph <br />ta) or Ib) thereof; <br />"nuclear facility" means <br />(a) any nuclear reactor, <br />(b) any equipment or device designed or used for (1) separating the isotopes <br />of uranium or plutonium, (2) processing or utilmng, spent fuel, or (3) <br />handling. processing or packaging waste, <br />(c) any equipment or device used for the processing, fabricating or alloying <br />of special nuclear material if at any time the total amount of such ma- <br />terial in the custody of the insured at the premises where such equipment <br />or device is located consists of or contains more than 25 grams of <br />plutonium or uranium 233 or any combination thereof, or more than 250 <br />grams of uranium 235, <br />id) any structure, basin, excavation. premises or place prepared or used for <br />the storage or disposal of waste, <br />and includes the site on which any of the foregoing is located, all operations <br />conducted on such site and all premises used for such operations; <br />"nuclear reactor" means any apparatus designed or used to sustain nuclear <br />fission in a self- supporting chain reaction or to contain a critical mass of <br />fissionable material; <br />"property damage" includes all forms of radioactive contamination of prop( <br />