Page 99 - Binder3
P. 99

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.


                                                                                                                  73
   94   95   96   97   98   99   100   101   102   103   104