CYBER NON – AGGREGATION CLAUSE (NMA2915)

CYBER NON – AGGREGATION CLAUSE (NMA2915)

Losses arising directly or indirectly out of

a. Loss of, alteration of or damage to

b. A reduction in the functionally availability or operation of

A computer system, hardware program, software data information repository microchip integrated circuit or similar device in computer equipment or non computer equipment whether the property of the policy holder of the reinsured or not, do not in and of themselves constitute an events unless arising out of one or more of the following perils:

Fire, lightning, explosion, aircraft or vehicle impact, falling object s, windstorm, hall tornado, cyclone hurricane, earthquake, volcano, tsunami, flood, freeze or weight of snow. 

ELECTRONIC DATA EXCLUSION

Notwithstanding any provision to the contrary in the policy or any endorsement thereto, it is understood and agreed as follows;

(a)   This policy does not insure:

(i.) Total or partial destruction, distortion, erasure, corruption, alternation, misinterpretation or misappropriation of ELECTRONIC DATA

(ii.) Error in creating, amending entering, deleting or using ELECTRONIC DATA, or

(iii.) Total or partial inability failure to receive, send or use ELECTRONIC DATA for any time at all

From any cause whatsoever, regardless of any other contributing cause or event whenever it may occur

ELECTRONIC DATA means facts, concepts and information converted to a form usable for communication, display, distribution, interpretation, or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programs, software and other coded instructions for such equipment

(b)   However, in event that a peril listed below (being a peril insured by this policy but for this exclusion) is caused by any of the matters described in paragraph (a) above, this policy, subject to all its provisions, will insure:

(i.)    Physical loss of or damage or destruction to Property Insured directly caused by such listed peril, and/ or

(ii.)    Consequential loss insured by This Policy

Further, this exclusion does not apply in the event that a peril listed below (being a peril insured by this policy but for this exclusion) causes any for the matters described in paragraph (a) above.

Fire, Explosion, Lightning, Windstorms, Hail, Tornado, Cyclone, Hurricane, Earthquake, Volcano, Tsunami, Flood, Freezing, Weight Of Snow, Impact By Aircraft, Or Other Aerial Objects Dropped The form, Impact By Any Road Vehicle, Or Animal, Bursting Overflowing, Discharging Or Leakage Of Water Tanks Apparatus Or Pipes, Or Theft Of Electronic Data solely where such Thefts accompanied by Theft of the computer hardware, firmware, medium microchip, integrated circuit, or similar device containing such Electronic Data.

(c) For the purposes of the basis of Settlement provision I this policy, computer systems records includes Electronic Data as defined in paragraph (a) above.

Any terrorism exclusion in this Policy or any endorsement thereto prevails over this endorsement.

TYPHOON, STORM, FLOOD & WATER DAMAGE ENDORSEMENT

In consideration of the payment by the Insured of an additional premium as per schedule hereinafter appearing, it is understood and agreed that notwithstanding anything contained in this Policy to the contrary, this insurance extends to cover damage and/ or destruction to the properties hereby insured resulting from the action or the direct consequence of:

1. Storm and/or tempest, or the direct consequence thereof

2. Flood due to water which gas overflowed beyond the normal boundaries of river, watercourse, lake or sea

3. Water, other that water resulting form any the forgoing casualties, entering in to the premises from outside.

Including the cost necessarily incurred in the removal of water and debris from the building.  The indemnity granted by this Endorsement does not, however under any circumstances cover:

1.  Stock and/or other removable items stored in the open

2. Loss or damage arising from erosion, subsidence, landslide, volcanic eruption or other convulsions of nature

3. Seepage

4. Loss or damage due to water discharged from sprinklers or drenched installations in the premises

5. Consequential loss or damage of any kind or description

6. Loss or damage due to failure of inadequacy of on other defects in any water pumping apparatus used for the purposes of discharging water from any basement or sump and any water apparatus especially fitted or installed for trade purposes and processes

Special conditions:

1. The Insured shall, under penalty of nullity of the insurance under this Endorsement, take all reasonable steps to maintain the building, roof-guttering, water tanks, pipes, drains and other water apparatus in good state of repair

2. If the actual value of the property hereby insured at the commencement of any destruction or damage to such property by any perils insured against by this Endorsement if collectively or separately of grater value that the Sum Insured thereon, then the Insured shall be considered as being his own Insurer for  the difference and shall bear a ratable share of the amount of the loss accordingly.  Every item if more than one of the policy shall be separately subject to this condition.

Provided that, it is herby expressly agreed and declared that the liability of the Insurer shall in the aggregate in no case exceed the sum Insured in respect of each item sum expressed in the Schedule of the Policy

3. In all respect the Insurance under this Endorsement is subject to the Policy conditions

Deductible: as per schedule

TERRORISM EXCLUSION ENDORSEMENT

Notwithstanding any provision to contrary within this Insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, death, injury, illness, cost or expenses 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 consequence to the loss.

For the purposes of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or 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) which from its nature or context is done for, or in connection with political, religious, ideological, ethnic or similar purposes or reasons including the intention to influence any government and/ or to put the public, or section of the public, in fear.

The endorsement also excludes loss, damage, death, injury, illness, cost or expenses of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in anyway relating to any act of terrorism.

TERRORISM EXCLUSION CLAUSE  (NMA 2920)

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, death injury, illness, 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 threat  thereof, of any person or group (s) of persons, whether acting alone or on behalf of or in connection with any organisation (s) or government (s) which from its nature or context is done for, or in connection with, political, religious, ideological, ethnic or similar purposes or reasons 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, death, injury, illness, 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 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 clause is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

WINDSTORM, TYPHOON, TEMPEST, FLOOD AND WATER DAMAGE EXCLUSION CLAUSE

It is hereby noted and agreed that this insurance shall in no case be liable for any loss or damage caused directly or indirectly by Windstorm, Typhoon, Tempest, Flood and Water Damage.

EARTHQUAKE, VOLCANIC ERUPTION AND TSUNAMI EXCLUSION CLAUSE

It is hereby noted and agreed that this insurance shall in no case be liable for any loss or damage caused directly or indirectly by Earthquake, Volcanic Eruption and Tsunami.

SMOKE AND VEHICLE ENDORSEMENT

(CODE: 4.11 – 01/12/1998)

it is hereby DECLARED AND AGREED THAT BY DELETING THE WORD “VEHICLE IMPACT” IN chapter II EXCEPTIONS Item 1.32 of this Policy, the insurance hereunder is extended to cover:

4.11.1. VEHICLE IMPACT, which for the purpose of this Endorsement shall mean:

Damage to the property insured directly resulting from the actual physical contact of a vehicle with the property insured hereunder or with the building containing such property.  Provided that Insurer shall nit be liable for any damage caused:

(i)     by any vehicle owned or operated by the Insured or by any tenant of the insured premises;

(ii)    to fences, driveways, walkways or lawns

(iii)   to any other vehicle including its contents, other than stock of vehicle in process of manufacturer or for sale

For the purpose of this Endorsement “vehicle; shall mean any vehicle running on land, or track but not aircraft.

4.11.2. INDUSTRIAL SMOKE, Which for the purpose of this Endorsement shall mean;

Loss or damage to property insured resulting from smoke due to a sudden, unusual and faulty operation of any heating or cooking units connected to a chimney by a smoke pipe or by vent pipe, and which is in or on the insured premises, excluding, however, smoke from fireplaces or industrial apparatus

all other terms and conditions of the Policy remain unchanged

Deductible: as per schedule

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