Page 143 - Binder2
P. 143

and failure to comply in full will result in the Company not providing an indemnity for any related
                                   claim.

                                   In addition,

                                   vi)   the Company may at any time pay to the Insured the Limit of Indemnity (after deducting
                                        any sums already paid) or any less amount for which any claim or claims can be settled
                                        and  thereafter  the  Company  shall  have  no  further  liability  under  this  insurance  in
                                        connection with such claim or claims except for Defence Costs incurred prior to the date of
                                        payment.
                                   vii)   for the purpose of Condition 5, "the Company" also means any loss adjuster nominated by
                                        the Company and acting on behalf of the Company.

                  6.
                  Adjustment       If any part of the Premium has been calculated on wageroll and/or turnover estimates given by the
                                   Insured, the Insured shall:-

                                   i)   keep  an  accurate  record  containing  all  relevant  particulars  and  allow  the  Company  to
                                        inspect such record at any time.
                                   ii)   within one month from the expiry of the Period of Insurance provide to the Company all
                                        such relevant particulars of the actual wageroll and/or turnover and the Premium for the
                                        Period of Insurance shall then be adjusted and the difference paid by or allowed to the
                                        Insured subject to any minimum premium that may apply.

                                   The  Company  may  require  that  such  particulars  are  confirmed  by  the  Insured’s  accountant  or
                                   auditor or any other party as may be nominated by the Company.

                                   The term wageroll is deemed to be the total gross remuneration paid to all Employees during the
                                   Period of Insurance.

                  7.
                  Other
                  Insurance        If an indemnity is granted in whole or in part by any other insurance, the liability of the Company
                                   hereunder shall apply as excess of, and not as contributory with, such other insurance.

                  8.
                  Fraud            If  the  Insured  shall  make  any  claim  knowing  such  claim  to  be  false  or  fraudulent  as  regards
                                   amount or otherwise, this insurance shall become void and the Company shall cease to deal with
                                   all claims hereunder and shall be entitled to reimbursement of all claims paid (including all costs
                                   and expenses).

                  9.
                  Disputes         This insurance is governed by the laws of England and Wales and the courts of England and
                                   Wales shall have exclusive jurisdiction in relation to any dispute about or in connection with this
                                   insurance.

                  10.
                  Limit            The  liability  of  the  Company  shall  not  exceed  the  Limit  of  Indemnity  stated  in  the  Schedule
                                   provided that under Sections B and C:-

                                   i)   in the event of the Company requiring any claims(s) to be contested by the Insured, the
                                        Company will, in addition, pay all Defence Costs in connection therewith.
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                  ASPEN LOCAL AUTHORITY COMBINED LIABILITY 2015
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