Page 46 - Binder3
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2. Designation
For the purposes of determining where necessary the heading under which any property is insured we
agree to accept the designation in your records.
3. Inadvertent Omissions
You having notified us of your intention to insure all property as insured under this part in which you
have an interest and your belief being that all such property is insured if hereafter any property is
found to have been inadvertently omitted we will deem it to be insured under the terms and
conditions of this part subject to payment of the premium on all such property erected or purchased
as from the inception of this part or from the date of your interest in such property provided always
that our liability at any one site will not exceed £5,000,000.
4. Involuntary Betterment
In the event that replacement property of like kind and quality is not obtainable new property which
is as similar as possible to that suffering Damage and which is capable of performing the same function
will be deemed to be new property of like kind and quality and in no event shall this be considered
as betterment.
We will also pay the cost of purchasing and installing technologically current equipment which is
necessitated by incompatibility between new equipment installed to replace equipment suffering
Damage and undamaged existing equipment at the same or an interdependent location.
Provided always that we will only be liable for:
a) the amount sufficient to allow you to resume operations in substantially the same manner as
before the Damage
b) the difference between the highest sales value of the undamaged existing equipment at the same
or interdependent location and the installed cost of the technologically current equipment.
5. Mortgagees and Lessors
Any increase in the risk of Damage resulting from any act or neglect of any mortgagor, leaseholder,
lessee or occupier of any building will not prejudice the interest of any mortgagee, freeholder or lessor.
Provided always that:
a) such increase in risk is without their prior knowledge or authority
b) we are notified immediately they become aware of such increase in risk
and you pay an additional premium if required.
6. Other Interests
It is agreed that various parties may have a legal interest in a portion of the property insured and you
undertake to declare the name, nature and extent of any interest of such party at the time of Damage.
7. Professional Fees
The insurance under each item on buildings and contents includes an amount in respect of
reasonable architects’, surveyors’, legal and consulting engineers’ fees necessarily incurred in the
reinstatement or repair of the property insured consequent upon its Damage but not for preparing
any claim.
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