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e) in relation to any appeal counsel has advised there are strong prospects of such appeal succeeding
f) we will be under no liability:
i) where you have committed any deliberate or intentional criminal act giving rise to a corporate
manslaughter or corporate homicide charge
ii) in respect of fines or penalties of any kind
iii) in respect of the defence of any criminal proceedings brought or in an appeal against
conviction arising from such proceedings in respect of a breach of:
1) the Health and Safety at Work Act 1974 or the Health and Safety at Work Act (Northern
Ireland) Order 1978 or any regulations made thereunder
2) the Food Safety Act 1990 or any regulations made thereunder
3) the Consumer Protection Act 1987 or any regulations made thereunder
iv) where indemnity for defence costs is available from any other source or is provided by any
other insurance or where but for the existence of this clause indemnity would have been
provided by such other source or insurance
g) where we have already indemnified you in respect of legal costs or expenses incurred in the
defence of any criminal proceedings arising out of the same cause or occurrence which gave
rise to the charge of and or investigation connected with corporate manslaughter or corporate
homicide under another part of the policy the amount paid under that part will be taken into
account in arriving at our liability payable under this clause.
2.2 Cost of Criminal Proceedings
We will also indemnify you, the office of relevant officer as corporation sole and at your request any
member, Employee or volunteer against:
a) legal costs and expenses incurred with our written consent
b) costs incurred with our written consent in the defence of any criminal proceedings brought
against you, the office of relevant officer as corporation sole or such member, Employee or
volunteer for an alleged breach of:
i) the Health and Safety at Work etc. Act 1974 or the Health and Safety at Work
(Northern Ireland) Order 1978
ii) Part II of the Consumer Protection Act 1987
iii) Part II of the Food Safety Act 1990
occurring during the period of insurance in the business including legal costs and expenses incurred
with our prior consent in any appeal against conviction arising from such proceedings.
Provided always that this indemnity will not apply to:
1) fines or penalties of any kind
2) costs in respect of which you or any member, Employee or volunteer has effected a more specific
legal expenses protection or insurance
3) proceedings or appeals consequent upon any deliberate act or omission and you will immediately
repay us all costs and expenses paid by us prior to any deliberate act or omission being established
4) proceedings related to health, safety or welfare of Employees.
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