WAIVER OF SUBROGATION CLAUSE

WAIVER OF SUBROGATION CLAUSE

Ay claimant under this policy shall at the request and at the expense of the underwriters do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by underwriters for the purpose of endorsing any rights and remedies of things which shall be or become necessary of required before or after indemnification by the underwriters. The rights of subrogation against affiliated and/or individual companies connected therewith is hereby waived.

WAR AND TERRORISM EXCLUSION ENDORSEMENT (NMA 2918)

Notwithstanding any provision to the contrary within this insurance or any endorsement therein 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 of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss.

1. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the properties of or amounting to an uprising, military or usurped power :  or

2. any act of terrorism.

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 organisation(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 (1) and/or (2) above.

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 endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

NMA 2918 – 08/10/2001

WAR AND TERRORISM EXCLUSION ENDORSEMENT (NMA 2919)

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

(1) War, invasion, act of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or unsurped power ;

Or

(2) Any act of terrorism. 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.

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 (1) and/or (2) above.

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

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

INDUSTRIES, SEEPAGE, POLLUTION AND CONTAMINATION CLAUSE – NMA 1685

(SUDDEN AND ACCIDENTAL)

This Agreement does not cover any liability for :

1) Personal Injury or Bodily Injury or loss of, damage to, or loss of use of 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 or 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 insurance.

2) The cost of removing, nullifying of 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 insurance.

3)   Fines, 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.

EXTRA CONTRACTUAL OBLIGATIONS EXCLUSION ENDORSEMENT

Notwithstanding anything contained in the Policy to the Contrary, it is hereby noted and agreed that this Policy does not provide cover in respect of extra-contractual obligations howsoever arising, such extra contractual obligations being defined as any award made by court of competent jurisdiction against an insured, which award is not within the coverage granted by any insurance contract made between the parties in dispute.

Subject otherwise to the terms and conditions of the Policy.

TRANSMISSION & DISTRIBUTION EXCLUSION CLAUSE

As follows :

This agreement shall exclude losses in respect of overhead transmission and distribution lines and their supporting structures other that those on or within 150 meters (or 500 feet) of the insured premises.

It is understood and agreed that public utilities extension and/or suppliers extension and/or contingent business interruption coverage’s are not subject to this exclusion, provided that these are not part of a transmitters’ or distributors’ policy

Nominated Adjuster Clause

In the event of any claim under the policy, the following adjusters will be appointed :

a) PT Mc Larens

b) PT Japenansi Nusantara

c) Any other adjuster as mutually agreed by both the Insurers and the Insured.

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 functionality, availability or operation of

a computer system, hardware programme, software, data, information repository, microchip,  integrate 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, hall tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freeze or weight of snow.

Industries, Seepage, Pollution and Contamination Clause (N.M.A 1685)

(“Sudden and Accidental”)

This Agreement does not cover any liability for :

1. Personal Injury or loss of, damage to, or loss of use of 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 physical damage to or destruction of tangible property, or loss of such property damage destroyed, where such seepage, pollution or contamination is caused by a sudden, unintended and unexpected during the period of this Insurance.

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

3. Fines, penalties, punitive exemplary damage

This Cause shall not extend this Agreement to cover any liability which would not have been covered Under this agreement6 had this clause not been attached

PRORATA RETURN PREMIUM CLAUSE

Notwithstanding anything contained to the contrary it is hereby declared and agreed that in case of cancellation of the policy, return premium, if any, shall be subject to prorata premium cancellation basis.

Electronic Date Recognition Clause EDRC (A) NMA 2800 – 11/12/97

This reinsurance 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, 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; 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, 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.

DEFERRED PREMIUM CLAUSE

Notwithstanding that this policy is issued as contract for a period of 12 (twelve) months, it is hereby understood and agreed that the premium shall be payable in the following installments :

1^st      installment :   01.08.2017  :  – USD.         5,387.97

2^nd     installment :   01.09.2017  :  – USD.         4,037.22

3^rd     installment :   01.10.2017  :  – USD.         4,037.22            

Nevertheless it is further understood and agreed that in the event of any installment not being paid prior  to, or within 30 (thirty) days after its due date the cover afforded by this policy shall be deemed to have ceased at midnight on such due date.

In the event of a claim arising hereunder which exceeds the installment premiums paid on this policy, the installments of  premium then outstanding shall become due and payable forthwith.