Page 99 - Binder3
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Provided always that:
a) our total liability under this clause will not exceed the sum stated in the schedule as the limit of
indemnity in any one period of insurance. This limit will form part of and not be in addition to the
limit of indemnity stated in the schedule
b) this clause will only apply to proceedings brought in the territorial limits
c) we must consent in writing to the appointment of any solicitor or counsel who are to act for and
on behalf of you
d) you or your relevant officer will give to us immediate notice of any summons or other process
served upon you, the office of relevant officer as corporation sole or your relevant officer
which may give rise to proceedings under this clause
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 or your relevant officer 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 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
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, the office of relevant officer as corporation sole and/or
your relevant officer 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 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.
2.3 Health and Safety at Work Defence Costs
We will also indemnify you, the office of relevant officer as corporation sole and/or your relevant
officer and at your or your relevant officer’s request any member, Employee or volunteer against:
a) costs and expenses incurred with our prior consent
b) costs awarded against you, the office of relevant officer as corporation sole, your relevant
officer or such member, Employee or volunteer
in the defence of any criminal proceedings arising from an alleged breach of the Health and Safety at
Work etc. Act 1974 or the Health and Safety at Work (Northern Ireland) Order 1978 occurring during
the period of insurance in the course of the business including in any appeal against conviction arising
from such proceedings.
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