Civil Engineering Completed Risks Insurance Policy

Civil Engineering Completed Risks Insurance Policy

Whereas the Insured named in the schedule hereto has made to the

(hereinafter called "the Insurers") a written proposal by completing a

questionnaire which, together with any other statements made in writing by the Insured for the purpose of this Policy, is deemed to be
incorporated herein,

Now this Policy of insurance witnesses that, subject to the Insured

having paid to the Insurers the premium mentioned in the schedule and subject to the terms, exclusions, provisions and conditions contained herein or endorsed hereon, the Insurers will indemnify the Insured in the manner and to the extent hereinafter provided.

The Insurers hereby agree with the Insured that if the items or any part thereof entered in the schedule suffer any unforeseen and sudden physical loss or damage caused by

a fire, lightning, explosion, impact of landborne or waterborne vehicles,

b impact of aircraft and other aerial devices or articles dropped therefrom, c earthquake, volcanism, tsunami,

d storm (air movements stronger than grade 8 on the Beaufort Scale), e flood or inundation, wave action or water,

f subsidence, landslide, rockslide or any other earth movement, g frost, avalanche, ice,

h vandalism of single persons,

in a manner necessitating repair or replacement and occurring at any time during the period of insurance stated in the schedule or during any
subsequent period for which the Insured pays and the Insurers may
accept the premium for the renewal of this Policy,

the Insurers will indemnify the Insured for such loss or damage by

payment in cash, replacement or repair (at the Insurers' option) up to an amount not exceeding in respect of each of the items specified in the
schedule the sum set opposite thereto and not exceeding in any one
event the limit of indemnity, where applicable, and not exceeding in all the total sum expressed in the schedule as insured hereby.

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Exclusions General Conditions

The Insurers shall not indemnify the Insured in respect of

1 the deductible stated in the schedule
to be borne by the Insured in any one
event;

2 loss or damage directly or indirectly
caused by, or arising out of, or aggra-
vated by

a war, invasion, act of foreign enemy,
hostilities (whether war be declared or
not), civil war, rebellion, revolution,

insurrection, mutiny, riot, strike, lockout, civil commotion, military or usurped

power, a group of malicious persons or
persons acting on behalf of or in con-
nection with any political organization,
conspiracy, confiscation, commandeer-
ing, requisition or destruction or dam-
age by order of any government de jure
or de facto or by any public authority;
b nuclear reaction, nuclear radiation or
radioactive contamination;

c wilful act or wilful negligence of the Insured or his representatives;

in any action, suit or other proceeding
where the Insurers allege that, by rea-
son of the provisions of Exclusion a

above, any loss, destruction, damage or liability is not covered by this Policy, the burden of proving that such loss, de-
struction, damage or liability is covered shall be upon the Insured;

3 loss or damage or expense caused
by, or arising out of, or substantially
aggravated by inherent defects, wear
and tear, gradual deterioration, expan-

sion or contraction of insured items due to changes of temperature;

4 loss or damage caused by, or arising
out of, or aggravated by failure of the
Insured to keep and maintain the in-

sured items in a thorough state of repair;

5 consequential loss or damage of any kind or description.

1 The due observance and fulfilment of
the terms of this Policy, insofar as they
relate to anything to be done or com-
plied with by the Insured, and the truth
of the statements and answers in the
questionnaire and proposal made by
the Insured shall be a condition prece-
dent to any liability of the Insurers.

2 The schedule shall be deemed to be
incorporated in and form part of this
Policy and the expression "this Policy",
wherever used in this contract, shall be
read as including the schedule. Any

word or expression to which a specific
meaning has been attached in any part
of this Policy or of the schedule shall
bear such meaning wherever it may

appear.

3 The Insured shall at his own expense take all reasonable precautions and

comply with all reasonable recommen-
dations of the Insurers to prevent loss
or damage and comply with statutory
requirements and manufacturers' re-
commendations.

4 a Representatives of the Insurers
shall at any reasonable time have the
right to inspect and examine the risk

and the Insured shall provide the repre-
sentatives of the Insurers with all details and information necessary for the as-
sessment of the risk.

b The Insured shall immediately notify
the Insurers by telegram and in writing
of any material change in the risk and
cause at his own expense such addition-
al precautions to be taken as circum-
stances may require, and the scope of
cover and/or premium shall, if neces-
sary, be adjusted accordingly. No mate-
rial alteration shall be made or admitted
by the Insured whereby the risk is

increased, unless the continuance of
the cover provided under this Policy is
confirmed in writing by the Insurers.

5 In the event of any occurrence which might give rise to a claim under this

Policy, the Insured shall

a immediately notify the Insurers by
telephone or telegram as well as in
writing, giving an indication as to the
nature and extent of the loss or dam-
age;

b take all steps within his power to
minimize the extent of the loss or dam-
age;

c preserve the parts affected and make
them available for inspections by a rep-
resentative or surveyor of the Insurers;
d furnish all such information and do-
cumentary evidence as the Insurers

may require.

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The Insurers shall on no account be
liable for loss or damage of which no
notice has been received by the Insur-
ers within 14 days of its occurrence.
Upon notification being given to the

Insurers under this condition, the In-
sured may carry out repairs of or make good any minor damage;

in all other cases a representative of the
Insurers shall have the opportunity of
inspecting the loss or damage before
any repairs or alterations are effected.
If a representative of the Insurers does
not carry out the inspection within a

period of time which could be consid-
ered reasonable under the circum-

stances, the Insured shall be entitled to proceed with the repairs or re-

placement.

Nothing contained herein shall prevent the Insured from taking such steps as are absolutely necessary for the upkeep of operations.

The liability of the Insurers under this Policy in respect of any item sustaining damage shall cease if said item is not repaired properly without delay.

6 The Insured shall at the expense of the Insurers do and concur in doing and permit to be done all such acts and

things as may be necessary or required by the Insurers in the interest of any

rights or remedies, or of obtaining relief or indemnity from parties (other than those insured under this Policy) to

which the Insurers are or would become
entitled or which is or would be subro-
gated to them upon their paying for or
making good any loss or damage under
this Policy, whether such acts and

things are or become necessary or required before or after the Insured's indemnification by the Insurers.

7 a If the proposal or declaration of the Insured is untrue in any material re-

spect, or if any claim made is fraudulent
or substantially exaggerated, or if any
false declaration or statement is made
in support thereof, then this Policy shall
be void and the Insurers shall not be

liable to make any payment hereunder. b In the event of the Insurers dis-

claiming liability in respect of any claim and if an action or suit is not commenced within six months after such disclaimer or, in the case of arbitration taking

place in pursuance of Condition 9 of
this Policy), within three months after
the arbitrators or umpire have made

their award, all benefit under this Policy
in respect of such claim shall be forfeited.

IE 63.1-E 1a.

8 This Policy may be terminated at the
request of the Insured at any time, in
which case the Insurers will retain the

customary short-period rate for the time this Policy has been in force. This Poli-
cy may equally be terminated at the

option of the Insurers by seven days'
notice to that effect being given to the
Insured, in which case the Insurers shall
be liable to repay on demand a rateable
proportion of the premium for the unex-
pired term from the date of cancellation
less any reasonable inspection charges
the Insurers may have incurred.

9 If any difference arises as to the
amount to be paid under this Policy

(liability being otherwise admitted), such
difference shall be referred to the deci-
sion of an arbitrator to be appointed in
writing by the parties in difference or, if ,
they cannot agree upon a single arbitra-
tor, to the decision of two arbitrators,

one to be appointed in writing by each of the parties within one calendar

month after having been required in
writing so to do by either of the parties,
or, in case the arbitrators do not agree,
of an umpire to be appointed in writing
by the arbitrators before the latter enter

upon the reference. The umpire shall sit with the arbitrators and preside at their meetings. The making of an award shall be a condition precedent to any right of action against the Insurers.

10 If at the time any claim arises under this Policy there is any other insurance covering the same loss, damage or

liability, the Insurers shall not be liable to pay or contribute more than their rateable proportion of any claim for such loss, damage or liability.

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Provisions

Memo 1 - Sum insured

It shall be a requirement of this Policy that the sums insured stated in the schedule are not less than the cost of replacement of the insured items by new items of the same kind and capacity, inclusive of all materials, wages, freight, customs duties and dues.

The Insured shall undertake to increase or decrease the amounts of
insurance in the event of any material fluctuation in wages or prices,

provided always that such increase or decrease takes effect only after the same has been recorded in this Policy by the Insurers.

If in the event of loss or damage it is found that the sums insured are less than the amount required to be insured, the amount recoverable by the Insured under this Policy shall be reduced in such proportion as the sums insured bear to the amounts required to be insured. Every item entered in the schedule shall be subject to this condition separately.

Memo 2 - Basis of loss settlement In the event of loss or damage the basis of any settlement under this
Policy shall be

a in the case of damage which can be repaired - the cost of repairs

necessary to restore the items to their condition immediately before the

occurrence of the damage less salvage (excluding the cost of clearance of debris),

b in the case of a total loss

- the replacement costs of the insured items if the loss occurs within the period stated in the schedule,

- the actual value of the items immediately before the occurrence of the loss less salvage, such actual value to be calculated by deducting proper depreciation from the replacement value of the items,

however, only to the extent the costs claimed had to be borne by the Insured and to the extent they are included in the sums insured and provided always that the provisions and conditions have been complied with.

The Insurers shall make payments only after being satisfied by production of the necessary bills and documents that the repairs have been effected or replacement has taken place, as the case may be. All damage which can be repaired shall be repaired, but if the cost of repairing any damage equals or exceeds the value of the items immediately before the
occurrence of the damage, the settlement shall be made on the basis provided for under b above.

The Insurers shall also reimburse the Insured for the cost of clearance of debris following upon any event giving rise to a claim under this Policy in accordance with Memo 3, provided a separate sum therefor has been entered in the schedule.

The cost of any provisional repairs shall be borne by the Insurers if such repairs constitute part of the final repairs and do not increase the total repair expenses.

The cost of any alterations, additions and/or improvements shall not be recoverable under this Policy.

Memo 3 - Extension of cover

In consideration of the Insured having paid the additional premium agreed upon with the Insurers, indemnification for loss or damage otherwise

covered under this Policy shall be extended to include the cost of
clearance of debris forming part of the insured items including the cost of removal or demolition of any portion of the insured items no longer useful for the purpose for which it was intended, but only if a valid law or
ordinance requires the Insured to effect such removal or demolition and only up to an amount not exceeding in any one event the limit of
indemnity specified therefor in the schedule.