Chapter 3. Terms and Conditions of Employment RP-73
(d) any occurrence resulting from the hazardous properties of nuclear material, if (i) the
nuclear material is at any nuclear facility owned or operated by or on behalf of an insured,
or has been discharged or dispersed therefrom, (ii) the nuclear material is contained in
spent fuel or waste at any time possessed, handled, used, processed, stored, transported
or disposed of by or on behalf of an insured, or (iii) the liability occurrence arises out of
the furnishing by an insured of services, materials, parts or equipment in connection with
the planning, construction, maintenance, operation or use of any nuclear facility, but if
such facility is located in the United States of America, its territories or possessions, or
Canada, this exclusion (11)(d) applies only to injury or destruction of property at such
nuclear facility; and
As used in this exclusion (11):
"hazardous properties" includes radioactive, toxic or explosive properties;
"nuclear facility" means (i) any nuclear reactor, (ii) any equipment or device designed or used for
separating the isotopes of uranium or plutonium, processing or utilizing spent fuel, or handling,
processing or packaging waste, (iii) any equipment or device used for the processing, fabricating
or alloying of special nuclear material, if at any time the total amount of such material in the
custody of an insured at the premises where such equipment or device is located consists of or
contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more
than 250 grams of uranium 235, or (iv) any structure, basin, excavation, premises or place
prepared or used for the storage or disposal of waste, and includes the site on which any of the
foregoing nuclear facilities described in (i) through (iv) may be located, all operations conducted
on any such site, and all premises used for any such operations;
"nuclear material" means source material, special nuclear material or byproduct material;
"source material", "special nuclear material", and "byproduct material" have the meanings given
to them in the Atomic Energy Act of 1954 or in any law amendatory thereof;
"nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self
supporting chain reaction or to contain a critical mass of fissionable material;
"property loss occurrence" as used in this exclusion (11) includes all forms of radioactive
contamination of property;
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or
exposed to radiation in a nuclear reactor; and
"waste" means any waste material containing byproduct material other than tailings or wastes
produced by the extraction or concentration of uranium or thorium from any ore processed
primarily for its source material content, and resulting from the operation by any person or
organization of any nuclear facility included under (i) or (ii) of the definition of nuclear facility,
above;
(12) in connection with or as a result of any occurrence arising out of or related to (a) asbestos or any
asbestos related injury or damage, (b) any alleged act, error, omission or duty involving asbestos, its use,
exposure, presence, existence, detection, removal, elimination or avoidance, or (c) the use, exposure,
presence, detection, removal, elimination or avoidance of asbestos in any environment, building or
structure; and
(13) in connection with or as a result of any occurrence arising out of any dispersal, disposal,
discharge, escape, release or saturation of smoke, vapors, soot, acids, alkalis, toxic chemicals, liquids,
gases or any other material, irritant, contaminant or pollutant in or into the atmosphere, or on, onto, upon,