Page 108 - Binder3

14. Terrorism
loss, damage, consequential loss, cost or expense directly or indirectly caused by, contributed to by,
resulting from or arising out of or in connection with terrorism.

In any action or suit or other proceedings where we allege that by reason of this exclusion cover is not
provided under this part the burden of proving that cover is provided under this part will be upon you

15. Virus or Similar Mechanism, Hacking or Denial of Service Attack
liability arising out of virus or similar mechanism, hacking or denial of service attack.

Section 4 – Special Provisions

1. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this part is not enforceable by any
third party.

2. Discharge of Liability
We may at any time pay the maximum amount payable under this part after deduction of any sum
already paid or any lower amount for which any claim can be settled and then relinquish the conduct
and control and be under no further liability in respect of the claim except for the payment of Costs
and Expenses incurred with our written consent prior to the date of such payment.

3. Limit of Indemnity
The limit of indemnity stated in the schedule is our monetary limit and applies in the aggregate to all
claims made in any one period of insurance.
Two or more claims arising out of a single negligent act, error or omission or a series of related
negligent acts, errors or omissions consequent upon or attributable to one source or original cause will
be treated as a single claim and will be subject to one limit of indemnity and excess. All such claims
will be considered first made on the date on which the earliest claim is first made.
Where you become liable to pay a sum in excess of the amount of indemnity available under this part
we will pay only the proportion of any Costs and Expenses that the available amount of indemnity
bears to your total liability.

4. Queen’s Counsel
You will not be required to contest any legal proceedings unless a Queen’s Counsel or similar authority
agreed upon by you and us advises that on the facts of the case concerned such claim could be
contested with a reasonable prospect of success.

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