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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
34
Casualty Policy Wording TRV0126 02/14 Policy Code 2010 05/12

