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NE 00 31 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 10 <br />(i) Any person or organization is required to maintain financial protection pursuant to the Atomic <br />Energy Act of 1954, or any law amendatory thereof; or <br />(ii) The 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 the <br />United States of America, or any agency thereof, with any person or organization. <br />(2) Under any Liability Coverage, to "injury or damage" resulting from "hazardous properties" of "nuclear <br />material", if: <br />(a) The "nuclear material": <br />(i) Is at any "nuclear facility" owned by, or operated by or on behalf of, an insured ; or <br />(ii) Has been discharged or dispersed therefrom; <br />(b) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, <br />processed, stored, transported or disposed of, by or on behalf of an insured; or <br />(c) The "injury or damage" arises out of the furnishing by an insured of services, materials, parts or <br />equipment in connection with the planning, construction, maintenance, operation or use of any <br />"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 property damage to such "nuclear facility" <br />and any property thereat. <br />(3) As used in this exclusion: <br />"Hazardous properties" includes radioactive, toxic or explosive properties. <br />"Nuclear material" means "source material", "special nuclear material" or "by-product material". <br />"Source material", "special nuclear material", and "by-product material" have the meanings given them <br />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 or exposed <br />to radiation in a "nuclear reactor". <br />"Waste" means any waste material: <br />(a) Containing "by-product material" other than the tailings or wastes produced by the extraction <br />or concentration of uranium or thorium from any ore processed primarily for its "source material" <br />content; and <br />(b) Resulting from the operation by any person or organization of any "nuclear facility" includ ed <br />under the first two paragraphs of the definition of "nuclear facility". <br />"Nuclear facility" means: <br />(a) Any "nuclear reactor"; <br />(b) Any equipment or device designed or used for: <br />(i) Separating the isotopes of uranium or plutonium; <br />(ii) Processing or utilizing "spent fuel"; or <br />(iii) Handling, processing or packaging "waste"; <br />(c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear <br />material" if at any time the total amount of such material in the custody of the insured at the <br />premises where such equipment or device is located consists of or contains more than 25 <br />grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of <br />uranium 235; <br />(d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal <br />of "waste"; <br />and includes the site on which any of the foregoing is located, all operations conducted on such site <br />and all premises used for such operations. <br />DocuSign Envelope ID: A181A6E1-38C6-4FC4-9DB3-55096154243F