Page 92 - Binder3
P. 92
2.3 Court Attendance Costs
We will pay you a daily rate of £500 if any member, Employee or volunteer is required to attend
court as a witness at our request.
2.4 Data Protection Act
We will also indemnify you in respect of your legal liability under Section 13 of the Data Protection
Act 1998 in connection with personal data as defined in the said Act held by you.
Provided always that we will not be liable for:
a) the payment of fines and penalties
b) the cost of replacing, reinstating, rectifying or erasing any personal data.
2.5 Defective Premises Act 1972
We will also indemnify you in respect of your legal liability under Section 3 of the Defective Premises
Act 1972 or Section 5 of the Defective Premises (Northern Ireland) Order 1975 in connection with
premises which have been disposed of by you.
Provided always that we will not be liable:
a) for the cost of remedying any defect or alleged defect in the said premises
b) in respect of liability more specifically insured under any other insurance.
2.6 Environmental Clean Up Costs
We will also indemnify you in respect of all sums including statutory debts which you may become
legally liable to pay in respect of Clean Up Costs arising from environmental damage caused by
Pollution or Contamination where such liability arises under an environmental directive, statute or
statutory instrument.
Provided always that:
a) liability arises from Pollution or Contamination caused by a sudden, identifiable, unintended and
unexpected incident that takes place at a specific time and place during the period of insurance.
All Pollution or Contamination which arises out of one incident will be deemed to have occurred
at the same time such incident takes place
b) our liability under this clause will not exceed £1,000,000 for any one occurrence and in the
aggregate in any one period of insurance and will be the maximum we will pay inclusive of all
Costs and Expenses. This limit will form part of and not be in addition to the limit of indemnity
stated in the schedule
c) immediate loss prevention or salvage action is taken and the appropriate authorities are notified
d) we will be under no liability:
i) in respect of Clean Up Costs for damage to your land, premises, watercourse or body of water
whether owned, leased, hired, tenanted or otherwise in your care, custody or control
ii) for damage connected with pre-existing contaminated property
iii) for damage caused by a succession of several events where such individual event would not
warrant immediate action
iv) in respect of removal of any risk of an adverse effect on human health on your land, premises,
watercourse or body of water whether owned, leased, hired, tenanted or otherwise in your
care, custody or control
66

