Page 140 - Binder2
P. 140

Any consent given by the Company in relation to incurring Defence Costs shall cease if opinion is
                                   obtained from instructed solicitors or counsel stating that any of the following apply:-

                                   a)     there is no reasonable prospect of a defence to a prosecution relating to i), ii) or iii) above.
                                   b)     the defence of any such prosecution ceases to be relevant to the defence of any claim for
                                          damages for which an indemnity is provided by this insurance.
                                   c)     the  prosecution  relates  to  a deliberate  act  or omission  that  is intended  to  cause  Bodily
                                          Injury.

                  5.
                  Employee         "Employee"  means  any  person  under  a  contract  of  service  or  apprenticeship  with  the  Insured
                                   including:-

                                   i)     any labour master or any person supplied by him
                                   ii)    any person employed by any labour only sub-contractor
                                   iii)   any self-employed person
                                   iv)    any person hired to or borrowed by the Insured for the provision of their labour only
                                   v)     any person undertaking study or work experience or on any related scheme

                                   whilst engaged by and under the direct control and supervision of the Insured in connection with the
                                   Business.

                  6.
                  Insured          At the request of the Insured, the "Insured" includes:-

                                   i)     any principal, landlord, lessor, hirer or any other party as may be required by contract
                                   ii)    any party for whom the Insured is carrying out a contract away from the Insured’s own
                                          premises
                                   iii)   any director or partner of the Insured
                                   iv)    any Employee
                                   v)     any officer or member of the Insured’s catering, social, sports or welfare organisations, first
                                          aid, fire, security or ambulance services
                                   vi)    any Official
                                   vii)   the Insured’s executor in the event of the death of the Insured
                                   viii)   any Employee or director or any accompanying spouse whilst overseas in the course of the
                                          Business and acting in a personal capacity

                                   but  (other  than  in  respect of viii))  only  in  respect  of liability  for  which  the  Insured  named  in  the
                                   Schedule would have been entitled to indemnity under this insurance if the claim had been made
                                   directly against the Insured.

                  7.
                  Official         "Official" means any individual not under a contract of service or apprenticeship with the Insured but
                                   who is appointed or elected to carry out the Insured’s duties.

                  8.
                  Offshore         In respect of Section A, an Employee is deemed "Offshore" during the period of time commencing
                                   when such Employee embarks on to a conveyance at the point of final departure to an offshore rig
                                   or offshore platform and terminating when such Employee disembarks from the conveyance on to
                                   land upon his return from an offshore rig or offshore platform.

                  9.
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                  ASPEN LOCAL AUTHORITY COMBINED LIABILITY 2015
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