Page 91 - Binder3
P. 91

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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