Jumat, 25 Januari 2013

It is agreed and understood that otherwise subject to the terms, exclusions, provisions, and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this Policy shall be extended to cover loss or damage due to riot, strike and civil commotion which for the purpose of this Endorsement shall mean (subject always to the Special Conditions hereinafter contained) loss of or damage to the property insured directly caused by

 1.       the act of any person taking part together with others in any disturbances of the public peace (whether in connection with a strike or lock-out or not ) not being an occurrence mentioned in condition 2 of the Special Conditions hereof

2.       the action of any lawfully constituted authority in suppressing or attempting to suppressing any such disturbance or in minimizing the consequences of any such disturbances,

3.       the willful act of any striker or locked-out worker done in furtherance of a strike or in resistance to a lock-out,

4.       the action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimizing the consequences of any such act.

 

Provided that it is hereby further expressly agreed and declared  that

 

1.       all the terms, exclusions, provisions and conditions of the Policy shall apply in all respects to the insurance granted by this extension save insofar as the same are expressly varied by the following Special Conditions and any reference to loss or damage in the wording of the policy shall be deemed to include the perils hereby insured against,

2.       the following Special Conditions shall apply in all respects to the insurance granted by the Policy as if this Endorsement had not been made thereon.

Special Conditions

 

This insurance does not cover

a.       loss or damage resulting from total or partial cessation of work or retarding or interruption or cessation of any process or operation,

b.       loss or damage occasioned by permanent or temporary dispossession resulting from confiscation, commandeering or requisition by any lawfully constituted authority,

c.        loss or damage occasioned by permanent or temporary dispossession of any building resulting from the unlawful occupation by any person of such building.

 

Provided nevertheless that the Insurers are not relieved under b or c above of any liability to the Insured in respect of physical damage to the property insured occurring before dispossession or during temporary dispossession.

 

1.       This insurance does not cover any loss or damage occasioned by or through or in consequences, directly or indirectly, of any of the following occurrences, namely

a.       war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) civil war,

b.       mutiny, civil commotion assuming the proportion of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power,

c.        any act of any person acting on behalf of or in connection with any organization with activities directed toward the overthrow by force of the government de jure or de  facto or to the influencing of it by terrorism or violence.

 

In any action, suit or other proceeding, where   the insurers allege that by reason of the provision of this condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the insured.

 

 

2.       This insurance may at any time be terminated by the insurers on notice to that effect being given by the registered post to the insurer's last know address, in which case the insurers shall be liable to repay a rateable proportion of the premium for the unexplored term from the date of cancellations.

 

2.       Electronic Date Recognition Clause EDRC (A) / Clause No. 37

 

This Insurance does not cover any loss, damage, cost, claim or expense, whether preventative remedial or otherwise, directly or Indirectly arising out of or relating to :

 

a.)  the calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year 2000, or any other date change including leap year calculations, by any computer system, hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the Insured or not, or

 

b.)  any change, alteration, or modification involving the date change to the year 2000 or any other date change including leap year calculations, to any such computer system hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not.

 

This clause applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, cost claim or expense.

 

3.       Property Damage Clarification Clause / Clause no. 38

 

Property damage covered under this Agreement shall mean physical damage to the substance of property.

 

Physical damage to the substance of property shall not include damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure.

 

Consequently the following are excluded from this Agreement :

A. Loss of or damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion , a corruption or a deformation of the original structure, and any business interruption losses resulting from such of loss or damage. Notwithstanding this exclusion, loss of or damage to data or software which is direct consequence of insured physical damage to the substance of property shall be recovered.

 

B. Loss or damage resulting from an impairment in the function, availability, range of use or accessibility of data, software or computer programs and any business interruption losses resulting from such loss or damage.

 

4.       NMA 2912 Information Technology Hazards Clarification Clause / Clause No. 39

 

Losses arising, directly or indirectly, out of :

(i) loss of, alteration of, or damage to

or

(ii) a reduction in the functionality, availability or operation of

a computer system, hardware, programmed, software, data, information repository, microchip, integrated circuit or similar device in computer equipment or non computer equipment, whether the property of the policyholder of the reinsured or not, do not in and of themselves constitute an event unless arising out of one or more of the following perils

fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freeze or weight of snow.

5.       Terrorism Exclusion Endorsement ( NMA 2920 ) / Clause No. 40

 

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by resulting from in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss ;

 

For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person  or group (s) of persons, whether acting alone or on behalf of or in connection with any organizations (s) or government (s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

 

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.

 

If the Underwriters allege by that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured.

 

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.                   

 

6.       Electronic Date Endorsement B (Cyber Exclusion Clause) / Clause No. 42

 

1. Electronic Data Exclusion

 

a.)  This policy does not insure loss, damage, destruction, distortion, erasure, corruption or alteration of ELECTRONIC DATA from any cause whatsoever ( including but not limited to COMPUTER VIRUS ) or loss of use, reduction in functionality, cost expense of whatsoever nature resulting there from, regardless of any other cause or event contributing concurrently or in any other sequence to the loss.

 

ELECTRONIC DATA means facts, concepts and information converted to a from useable for communications, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmers, Software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.

 

COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. COMPUTER VIRUS includes but is not limited to "Trojan Horses", 'worms' and 'time or logic bombs'.

 

b.)  However, in the event that a peril listed below results from any of the matters described in paragraph a) above this Policy, subject to all its terms, conditions and exclusions, will cover physical damage occurring during the Policy period to property insured by this Policy directly caused by such listed peril.

 

Listed Perils

 

Fire

 

Explosion

2. Electronic Data Processing Media Valuation

 

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows :

 

Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this Policy, then the basis of valuation shall be the cost of the blank media plus the costs of copying the ELECTRONIC DATA from back-up or from originals of a previous generation. These costs will not include research and engineering nor any costs of recreating, gathering or assembling such ELECTRONIC DATA. If the media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank media. However this Policy does not insure any amount pertaining to the value of such ELECTRONIC DATA cannot be recreated, gathered or assembled.
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