Klausul Erection All Risk (EAR)

ENDORSEMENT 001           

Cover for Loss or Damage Due to Strike, Riot and Civil Commotion (SRCC)

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

 

1.        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.

 

2.        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.

 

3.        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.

 

 

ENDORSEMENT 002                        

Cover for Cross Liability

It is agreed and understood that otherwise subject to the terms, exclusion, provision an conditions contained in the policy or endorsed thereon and subject to the insured having paid the agreed extra premium, the third party liability cover of the policy shall apply to the policy to the insured parties named and the schedule as if separate policy had been issued to party, provided that the insurers shall that indemnify the insured under the endorsement in respect of liability fore

 

·         Loss of or damage to items insured  or insurable insured  under section I of the policy, even if not recoverable due to  an excess or any limit,

·         Fatal or no-fatal injury or illness of employees or workmen's who are or could have been insured under workmen's compensation and/or employers' liability insurance

 

The insurers total liability in respect of the insured parties shall not however exceed in the aggregate for any one accident or series of accident arising out of one event the limit of indemnity stated in the schedule.

    

 

ENDORSEMENT 003                                        

Maintenance Visit Cover (6 weeks)-

It is agreed and understood that otherwise subject to the terms, Exclusion, Provisions and conditions contained in the policy or endorsed thereon and subject to the insured having paid the agreed extra premium, this insured shall be extended for the maintenance period specified hereunder to cover solely loss or of damage to the contract work caused by the insured contractor(s) in the course of the operations the maintenance provision of the contract.

 

 

ENDORSEMENT 006                        

Cover Extra Charge for Overtime, Night Work, Work on Public Holidays, Express Freight (limit Rp. 100.000.000,-)

 

It is agreed and understood that otherwise subject to terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to cover extra charges for overtime, night work, work on public holidays and express freight (excluding airfreight)

 

Provided always that such extra charges shall be incurred connection with any loss of or damage to the insured items recoverable under the Policy.

 

If the sum(s) insured of the damaged item(s) is (are) less then the amount(s) required to be insured, the amount payable under this Endorsement for such extra charges shall be reduced in the same proportion (limit Rp. 100.000.000,00 Deductible Rp. 2.500.000,00 a.o.a)

 

 

ELECTRONIC DATA RECOGNITION CLAUSE EDRC (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, programme, or software and/or any microchip, integrated circuit 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, programme 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.

 

 

ELECTRONIC DATA ENDORSEMENT B

1.              Electronic Data Exclusion

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

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 therefrom, regardless of any other cause or event contributing or in any other sequence to the loss.

 

ELECTRONIC DATA means facts, concepts and information converted to a form useable for communication, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes, 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' and 'worms' and 'time and logic bombs'

 

b)       However, in the event that a peril 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, than 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 to the Assured or any other party, even if such ELECTRONIC DATA cannot be recreated, gathered or assembled

 

 

INDONESIAN JURISDICTION CLAUSE

It is understood and agreed that the Insurers shall be under no liability in respect of:

 

1.        Compensation for injury, loss or damage in respect of judgement delivered or obtained otherwise than through a court of competent jurisdiction within the Republic of Indonesia.

2.        Cost 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, conditions and limitations of this Policy.

 

 

INFORMATION TECHNOLOGY HAZARDS CLARIFICATION CLAUSE (NMA 2912)

Losses arising, directly or indirectly, out of:

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

       or

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

                             

a computer system, hardware, programme, 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 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.   

 

 

LOSS NOTIFICATION CLAUSE (14 days)

Notwithstanding anything contained herein to the contrary it is agreed that this insurance will not be prejudiced by any inadvertent delays, errors or omission in notifying the Company of any circumstances or events giving rise or likely to give rise a claim under this policy.

PAYMENT ON ACCOUNT CLAUSE

It is hereby declared and agreed that progress payment on account of any loss recoverable under this policy will be made to the Insured at such stages as may be mutually agreed upon if desired by the insured and on production of an interim report by the loss adjuster (if appointed) provided that such payment are deducted from the finally agreed claim settlement figures.

 

 

PROFESSIONAL FEES CLAUSE

The Insurance under this policy includes an amount in respect of Architects' Surveyors' and Consulting Engineers' Fees necessarily incurred in the reinstatement of the property Insured consequent upon its loss destruction or damage but not for preparing any claim, it being understood that the amount payable for such fees shall not exceed 10% of the sum Insured.

 

 

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:

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 loss or damage. Notwithstanding this exclusion, loss of or damage to data or software which is the direct consequence of insured physical damage to the substance of property shall be covered.

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.

 

 

PUBLIC AUTHORITY CLAUSE

The Insurance by this Policy extends to include such additional cost of reinstatement of the destroyed or damaged property thereby insured as may be incurred solely by reason of  the necessity to comply with Building or other Regulations under or framed in pursuance of any Government act or Bye-Law of any Municipal or Local Authority provided that :

 

1.     The amount recoverable under this Extension shall not include :

a.      The cost incurred in complying with any of the aforesaid Regulations or Bye-Laws

I.                     In respect of destruction or damage occurring prior to the granting of this Extension

II.                   In respect of destruction or damage not insured   by the Policy

III.                 Under which notice has been served upon the Insured prior  to the happening of the destruction or damage

IV.                In respect of undamaged property or damaged portions of property.

b.     The additional cost that would have been required to make good the property damaged or destroyed to a condition equal to its condition when new had the necessity to comply with any of the aforesaid Regulations or Bye-Laws not arisen.

c.      The amount of any rate, tax, duty, development or other charge or assessment, arising out of capital appreciation which may be payable in respect of the property or by the owner thereof by reason of  compliance with any of the aforesaid Regulations or Bye-Laws.

 

2.     The work reinstatement must be commenced and carried out within reasonable dispatch and in any case must be completed within twelve months after the destruction or damage or within such further time as the Insurer may (during the said twelve moths) in writing allow and may be carried out wholly or partially upon another site ( if the aforesaid Regulations or Bye-Laws so necessitate ) subject to the liability of the Insurer under this Extension not being thereby increased.

 

3.     If the liability of the Insurer under (any item of) the Policy apart from this Extension shall be reduced by the application of any of the terms and conditions of the Policy then the Liability of the Insurer under this Extension (in respect of any such item) shall be reduced in like proportion.

 

4.     The Total amount recoverable under any item of the Policy shall not exceed the sum insured thereby.

5.     All the conditions of the Policy except insofar as they may be hereby expressly varied shall apply as if they had been incorporated herein.

 

REINSTATEMENT VALUE CLAUSE

It is hereby declared and agreed that in the event of the property insured being destroyed or damaged 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

 

        i.    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 increased) must be commenced and carried out with reasonable despatch and in any case must be completed within 12 months after the destruction or damage or within such further time as the Insurer may (during the said 12 months) 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.

       ii.    Until expenditure has been incurred by the Insured in replacing or reinstating the property destroyed or damage 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.

      iii.    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 then 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.

     iv.    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 of the Insured which is not upon the identical basis of reinstatement set forth herein.

      v.    This memorandum shall be without force or effect if

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

(b)   The insured is unable or unwilling to replace or reinstate the property destroyed or damaged on the same or another site.

 

REMOVAL OF DEBRIS CLAUSE (Max. Rp. 50,000,000.00).

In consideration of the payment an additional premium this policy extends to indemnity 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 under this Policy, occasioned by fire or any other peril thereby insured against.

 

Provided always:

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

-             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 shall in no case exceed Rp. 50,000,000.00.

 

 

TERRORISM EXCLUSION ENDORSEMENT (NMA 2920)

Notwithstanding any provision to the contrary within the 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 or 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 organization(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.