Page 112 - Binder2
P. 112

Exclusions                                                     writing) of any express warranty guarantee or
                                                                       other contractual promise which increases the
                                                                       Insured's liability where such are given or
                                                                       accepted as part of the Insured's terms of
        The Company shall not be liable under this Section             engagement unless the Insured would have been
                                                                       liable in the absence of such express warranty
        1.   in respect of the Deductible except that this exclusion   guarantee or other contractual promise or the
            shall not apply to                                         Company has approved the terms of
                                                                       engagement in writing
            (a)  any costs or expenses payable under Operative
                 Clause 2(b)
                                                                   (b)   in respect of liability assumed by the Insured
            (b)  Additional Cover 1 Compensation for Court             under contract or agreement to any person firm
                                                                       or company who is a third party within the
                 Attendance
                                                                       meaning of the Contracts (Rights of Third
                                                                       Parties) Act 1999 unless the Company has
        2.   in respect of any Claim for Injury to any person          signified its approval to the form of such contract
            including for the avoidance of doubt Bodily Injury         or agreement or such liability would have
            sustained by any Employee arising out of and in the        attached notwithstanding such contract or
            course of their employment by the Named Insured            agreement

        3.   in respect of any Claim for Damage to Property other   10.  any Claim arising out of or for the cost of removing
            than as provided for within Operative Clause 2 of this   nullifying or clearing up any actual or alleged Pollution
            Section
                                                                   or Contamination
        4.   in respect of any Claim arising from the provision of
            advice design or specification where the Insured       (a)  within the United States of America its territories
            contracts to                                               and possessions Puerto Rico and Canada or
                                                                   (b)  elsewhere in the world unless caused by a
            (a)  manufacture construct erect or install                sudden identifiable unintended and unexpected
                                                                       incident which takes place in its entirety at a
                 or                                                    specific time and place after the Retroactive Date

            (b)  supply materials or equipment                         provided that

        5.   in respect of any Claim arising from any breach of any    (i)   notwithstanding General Condition 17 or
            obligation owed by the Insured as employer to any              any amendment thereto the Company shall
            Employee or former Employee
                                                                           not grant indemnity in respect of any Claim
        6.   in respect of any Claim arising out of any                    brought in the courts of the United States of
            Circumstance                                                   America its territories and possessions
                                                                           Puerto Rico and Canada or in respect of the
                                                                           enforcement of a judgement obtained in any
            (a)  notified by the Insured under any insurance               such courts
                 which was in force prior to the Inception Date of
                 this Section                                          (ii)  all Pollution or Contamination which arises
                                                                           out of one incident shall be deemed to have
            or                                                             occurred at the time such incident takes
                                                                           place
            (b)  known or which in the reasonable opinion of the
                 Company ought to have been known to the           For the purpose of this Exclusion ‘Pollution or
                 Insured at the Inception Date of this Section
                                                                   Contamination’ shall mean
            unless such Circumstance has been declared to and
            accepted by the Company in writing                     A.   all pollution or contamination of buildings or other
                                                                       structures or water or land or the atmosphere
        7.   in respect of any Claim arising out of any act error or   and
            omission committed or occasioned or alleged to have
            been committed or occasioned prior to the Retroactive   B.   all Damage or Injury directly or indirectly caused
            Date stated in the Schedule                                by such pollution or contamination

        8.   in respect of any Claim arising solely and directly out   11.  in respect of any Claim made against the Insured by
            of the ownership possession or use by or on behalf of   any holding or subsidiary or associated company or
            the Insured of any aircraft watercraft hovercraft motor   partner or director of the Insured or by any other
            vehicle or trailer or any buildings premises or land or   person company or entity exercising a controlling
            that part of any building leased rented or occupied
                                                                   interest over the Insured by virtue of their having a
        9.   (a)   in respect of any contractual liability arising from   financial or executive interest in the operation of the
                 the giving by the Insured (whether orally or in   Insured unless such Claim is for an indemnity or

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        Casualty Policy Wording                                                        TRV0126 02/14  Policy Code 2010 05/12
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