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2. To "bodily injury"or"property damage" resulting from the "hazardous properties"of"nuclear material" if: <br /> a. The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or <br /> (b) 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 "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, <br /> parts or 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 possessions <br /> or Canada, this exclusion c. applies only to "property damage" to such "nuclear facility" and any property <br /> thereat. <br /> B. As used in this exclusion: <br /> "Hazardous properties" include 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 in the Atomic <br /> 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 to radiation <br /> in a "nuclear reactor"; <br /> "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by <br /> the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" <br /> content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the <br /> first two paragraphs of the definition of"nuclear facility". <br /> "Nuclear facility" means: <br /> (1) Any"nuclear reactor"; <br /> (2) Any equipment or device designed or used for(a) separating the isotopes of uranium or plutonium, (b) processing <br /> or utilizing "spent fuel,"or(c) handling, processing or packaging "waste"; <br /> (3) Any equipment or device used for the processing, fabricating or alloying of"special nuclear material" if at any time <br /> the total amount of such material in the custody of the "insured" at the premises where such equipment or device <br /> is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or <br /> more than 250 grams of uranium 235; <br /> (4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and <br /> includes the site on which any of the foregoing is located, all operations conducted on such site and all premises <br /> used for such operations; <br /> "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction <br /> or to contain a critical mass of fissionable material; <br /> "Property damage" includes all forms of radioactive contamination of property. <br /> SECTION VI -CONDITIONS <br /> A. Premium <br /> All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as <br /> such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At <br /> the close of each "policy period", the earned premium shall be computed for such period, and upon notice thereof to <br /> the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. <br /> If the total earned premium for the "policy period" is less than the premium previously paid and more than the <br /> minimum premium, we shall return to such Named Insured the unearned portion paid by such Named Insured. <br /> The Named insured first shown in the Declarations shall maintain records of such information as is necessary for <br /> premium computation, and shall send copies of such records to us at the end of the "policy period" and at such times <br /> during the "policy period" as we may direct. <br /> B. Inspection And Audit <br /> We shall be permitted but not obligated to inspect your property and operations at any time. Neither our right to make <br /> inspections, nor the making thereof, nor any report thereon, shall constitute an undertaking on your behalf or for your <br /> benefit or that of others to determine or warrant that such property or operations are: <br /> 1. Safe; <br /> 2. Healthful; or <br /> 3. In compliance with any law, rule or regulation. <br /> We may examine and audit your books and records at any time during the "policy period" and extensions thereof and <br /> Form XL 00 03 09 16 Page 9 of 14 <br />