Jumat, 25 Januari 2013

Neon Sign Clause

ADVERTISING SIGN ENDORSEMENT

It is hereby declared and agreed that the insurance by this Policy is extended to include liability as within defined from advertising signboards displayed al various locations as spool field in the schedule

 

CROSS LIABILITY CLAUSE

Each of the parties comprising the Insured shall for the purpose of this Policy be considered as a separate and distinct unit and the words "the Insured" shall be considered as applying to each party in the same manner as if a separate policy had been issued to each of the said parties and the Company hereby agree to waive all rights of aforesaid parties arising out of any occurrence in respect of which a claim is made hereunder.

 

Provided nevertheless that nothing in this clause shall be deemed to increased the limit of Indemnity in respect of any occurrence or series of occurrence as stated in the schedule.

 

Subject otherwise to the terms and conditions of this Policy.

 

FIRE and EXPLOSION CLAUSE

Notwithstanding anything herein contained to the contrary it is hereby understood and agreed that this Policy, subject to its terms, limitations and conditions, extends to cover the Insured's legal liability for Fire and Explosion Damage.

 

FIRST AID FACILITIES

This Policy extends to cover legal liability of the Insured arising out of provision by the Insured of first aid facilities but excluding any act of negligence, omission or neglect of any duly qualified member of the medical profession or any employee or voluntary worker of any hospital or ambulance organization.

 

INDONESIA JURISDICTION CLAUSE

The Indemnity provided under this Policy shall not apply to:

 

1.     Compensation for damage in respect of judgments not delivered or obtained from a court of competent jurisdiction within the Republic of Indonesia.

 

2.     Costs and expenses of litigation recovered by any claimant from the Insured which are not incurred in and recoverable in the Republic of Indonesia

 

Subject otherwise to the terms, exceptions and conditions of the Policy.

 

ELECTRICAL SHORT CIRCUIT CLAUSE

It is hereby expressly understood and agreed that this policy also covers lost or damage caused by fire as a consequence of electrical short circuit.

 

REINSTATEMENT VALUE CLAUSE

It is hereby declared and agreed that in the event of the property insured being destroyed the basis upon which the amount payable under ………………………….. of the Policy is to be calculated shall be the cost of replacing or reinstating on the same site property of the same kind or type but not superior to or more extensive than the insured property when new, subject to the following Special provisions and subject also to the terms and conditions of the Policy except insofar as the same may be varied hereby.

Special Provisions

1)    The work of replacement or reinstatement (which may be carried out upon another site and in any manner suitable to the requirements of the Insured subject to the liability of Insurer not being thereby increase) must be commenced and carried out with reasonable dispatch and in any case must be completed within 12 month after the destruction or damage or within such further time as the Insurer may (during the said 12 month) in writing allow otherwise no payment beyond the amount which would have been payable under the Policy if this memorandum had not been incorporated therein shall be made.

2)    Until expenditure has been insured by the Insured in replacing or reinstating the property destroyed or damaged the Insurer shall not be liable for any payment in excess of the amount which would have been payable under the Policy if this memorandum had not been incorporated therein.

3)    If at the time of replacement or reinstatement the sum representing the cost which would have been incurred in replacement or reinstatement if the whole of the property covered had been destroyed exceeds the sum insured thereon at the breaking out of any fire or at the commencement of any destruction of or damage to such property by any other peril insured against by this Policy the Insured shall be considered as being his own insurer for the excess and shall bear a ratable proportion of the loss accordingly. Each item of the Policy (if more than one) to which this memorandum applies shall be separately subject to the foregoing provision.

4)    No payment beyond the amount which would have been payable under the policy if this memorandum had not been incorporated therein shall be made if at the time of any destruction or damage to any property insured hereunder such property shall be covered by any other insurance effected by or on behalf or the Insured  which is not upon the identical basis or reinstatement set forth herein.

5)    This memorandum shall be without force or effect if

a)    The insured fails to intimate to the Insurer within 6 month from the date of destruction or damage such further time as the insurer may in writing allow his intention to replace or reinstate the property destroyed or damaged.

b)    The insurer unable or unwilling to replace or reinstate the property destroyed or damaged on the same or another.

CAPITAL ADDITIONS CLAUSE (limit 10% of Sum Insured Section A)

The insurance hereby extends to cover alterations, additions and improvements (but not appreciation in value) in excess of the sums insured for buildings and machinery specified in the Policy for an amount not exceeding 10% (ten percent) of the sum insured or an amount in the policy whichever is the less it being understood that the Insured undertakes to advise the Insurer each quarter of such alterations additions and improvements, and to pay the appropriate additional premium thereon.

 

FIRE BRIGADES CHARGES (limit 10% of Sum Insured Section A)

It is hereby understood and agreed that the reasonable charges, raised in consequence of a loss by any local authority for the provision of fire fighting appliances called for the purpose of protecting the premises, shall be recoverable hereunder.

 

REMOVAL OF DEBRIS CLAUSE (limit 10% of Sum Insured Section A)

In consideration of the payment of an additional premium this policy extends to indemnify the Insured in respect of :

 

The cost of removal of debris, demolition and any temporary repairs necessary (including the Insured' s legal liability for the cost of removal of debris, demolition, and temporary repairs in regard to adjoining premises, roadways or waterways, as well as on the site) consequent upon the destruction of or damage to any property, insured by the Insured' s Fire Policy (or Policies) occasioned by fire or any other peril thereby insured against.

 

Provided always :

 

a)    That such cost is not recoverable under any other Policy of insurance;

b)    That the indemnity afforded by this insurance shall not apply to or included liability assumed by the Insured under any agreement entered into after the commencing date of this insurance unless such liability would have attached to the Insured in the absence of such agreement.

 

The liability of the company under this clause in respect of any time shall in no case exceed                 10% of the sum insured section A.

 

INDUSTRIES, SEEPAGE, POLLUTION AND CONTAMINATION CLAUSE NMA 1685 (SUDDEN AND ACCIDENTAL)

This agreement does not cover any liability for :

·         Personal injury or bodily injury or loss of, damage to, or loss of use property directly or indirectly caused by seepage, pollution or contamination, provided always that this paragraph (1) shall not apply to liability for personal injury or loss of or physical damage to or destruction of tangible property, or loss of use of such property damage or destroyed, where such seepage, pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of this insurance.

·         The costs of removing, nullifying or cleaning-up seeping, polluting or contaminating substances unless the seepage, pollution or contamination is caused by sudden, unintended and unexpected happening during the period of this Insurance.

·         Fine, penalties, punitive or exemplary damages.

 

This clause shall not extend this agreement to cover any liability which would not have been cover under this Agreement had this Clause not been attached  

 

NEON LIGHTS and ADVERTISING SIGNS CLAUSE

It is hereby declared and agreed that the insurance by this Policy is extended to cover the legal liability of the Insured arising out of accidents caused by or through the neon/advertising signs installations the property of the Insured.

 

Warranted that the Insured shall comply with all statutory enactment's bylaw and regulations and shall at all times ensure that the neon/advertising signs installations are kept in a proper state of repair and if any defect be discovered the Insured shall forth with cause such defect to be made good and shall in the meantime cause such additional precautions to be taken for the prevention of accident as the circumstances may require and no alteration in the position of the signs shall be made without the consent of the Company. So far as is reasonably practicable no alteration or repair shall without the consent of the Company be made to the said neon/advertising signs after any accident has occurred in connection therewith until the Company shall have had an opportunity of inspecting same.

 

PROVIDED ALWAYS THAT the liability of the Company under this policy and endorsement in respect of any bodily injury or loss of or damage to property shall not in any way exceed the limit of liability specified in this Policy.

 

ELECTRONIC DATA RECOGNITION CLAUSE E.D.R.C (A)

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:

 

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

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.

 
PROPERTY DAMAGE CLARIFICATION CLAUSE

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:

 

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.

 

Loss or damage resulting from 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.

 

INFORMATION TECHNOLOGI HAZARDS CLARIFICATION CLAUSE ( N.M.A 2912 )

Losses arising, directly or indirectly, out of:

 

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

or

(b)   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.

 

 

TERRORISM EXCLUSION ENDORSEMENT ( NMA 2920 )

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.

 

ELECTRONIC DATA ENDORSEMENT B ( CYBER EXCLUSION CLAUSE )

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 or 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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