Y2K Partial Exclusion Clause

Y2K Partial Exclusion Clause

There is no insurance under this policy in respect of any claim of whatsoever nature which arises directly or indirectly from or consists of the failure of any :

a.Electronic circuit, microchip, integrated circuit, microprocessor, embedded system , hardware,
software, firmware, program, computer, data processing equipment, telecommunication equipment
or systems, or any similar device.
b.Media or systems used in connection with any of the foregoing


Whether the property of the Insured or not, at any time to achieve any or all the purposes and consequential effects intended by the use of any number, symbol or word to denote a date.

Including without limitation, the failure or inability to recognize, capture, save, retain or restore and/or correctly to manipulate, interpret, transmit, return, calculate or process any date, data, information, command, logic or instruction as a result of

i). Recognizing, using or adopting any date, day of the week or period of time, otherwise than as, the
true of correct date, day of the week or period of time.
ii) The operation of any command or logic which has been programmed or incorporated into anything
referred to in (a) or (b) above.

But this extension shall not exclude any claim for subsequent loss or destruction of or damage to any property or consequential loss which itself result from a defined contingency (as defined hereunder) but only to the extent that such claim would otherwise be insured under this policy.

Definition :
For the purpose of this exception only, “defined contingency” shall mean fire, lightning, explosion, aircraft and other aerial devices or articles dropped therefrom, riot, civil commotion, strikers, locked out workers, person taking part in labour disturbances, malicious persons other than thieves, earthquake, storm, flood, escape of water from any tank apparatus or pipe, impact by any road vehicle or animal or theft.
The insurance by this Policy extends to include tenants improvements and alteration to Landlord’s property insofar as the Insured is responsible therefore.

Y2K Exclusion Clause

The Indemnity will not apply to legal liability

Of whatsoever nature directly or indirectly caused by or constributed to by or arising from the failure of any computer or other equipment or system for processing storing not retrieving data, whether the property of the Insured or not, and whether occurring before, during or after the year 2000

1. Correctly to recognize any date as its true calendar rate.
2. To capture save or retain, and/or correctly to manipulate, interpret or process any data or information or command or instruction as a result of treating any date otherwise as its true calendar date.
3. To capture save retain or correctly to process any data as result of the operation of any command which has been programmed into any computer software being a command which causes th loss of data or the inability to capture save retain or correctly to process such data on or after any date.

Worldwide Jurisdiction

It is understood and agreed that the Insurer should indemnify tha insured in respect of :

A. Any compensation for injury loss or damages of judgements delivered or obtained through a court
wherever the claims occurred.

B. Any cost and expenses of litigation recovered by any claimant from the Insured which are
recoverable through a court wherever tha claims occurred.

C. Any cost and expenses incurred by the Insured in the defence of any claims in all over the world.

War & Civil War Exclusion Clause

Notwithstanding anything to the contrary contained herein this policy does not cover Loss or Damage directly or indirectly occasioned by, happening through or in consequnece of war, invasion, acts of foreign enemies, hostilities, or war like operations (whether war be declared or not), civil war, insurrection / popular rising, rebellion, revolution, military or ursurped power or confiscation or nationalism or requisition or destruction of or damage to property by or under the order of any government or public or local authority.

Terrorism Exclusion (NMA 2920)

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto, it is agreed that this insurance exclude loss, damage, cost of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss.

For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group (s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, surpressing or in any way relating to any act of terrorism.

If the Underwriters allege that by reasins of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured.

In the event any portion of this endorseement is found to be valid or unenforceable, the remainder shall remain in full force and effect.

NMA 2920
08/10/2001

RSMDCC41A+Civil Commotion

It is hereby agreed and declared that :
a) Notwithstanding anything contained in CHAPTER II-EXCEPTIONS, Item 1,3,1 of the Policy to the
contrary and subject to payment of additional premium, the Insurer agrees to extend this insurance
as provided in this endorsement
b) Notwithstanding anything which may be defined in any laws or regulations to the contrary, for the
purpose of this Endorsement, all terminology printed in italics shall be deemed to mean as defined
in item 4. DEFINITIONS of this endorsement.

1. EXTENSIONS
This insurance shall extended to cover :
- Physical damage to the property and/or interest insured directly caused by one or more of the
following perils :
1.1.Riots
1.2.Strikes
1.3.Locked-Out Workers
1.4.Malicious Acts
1.5.Civil Commotion,
1.6.Preventive Acts related only to perils 1.1 up to and including 1.5

- Physical loss of the Property and/or interest insured directly caused by :
1.7.Looting occurring during Riots and Civil Commotions

Provided that any of these perils does not develop in an uninterrupted chain of events into one or more of the excluded perils.

2.EXCLUSIONS

This extension does not cover all physical loss or damage to the property and/or interest insured including loss or damage by fire directly or directly caused by or contributed to by or arising from or in consequence of one or more of the following perils :
2.1. Insurrection/Popular Rising, Usurped Power, Revolution, Rebellion, Military Power, Invasion,
Civil War, War and Hostilities, Subversive Act, Looting (except Looting occurring during Riots
and/or Civil Commotion).

In any action, suit or other proceedings, where the Insurer alleges that loss or damage is directly
or indirectly caused by one or more of the excluded perils under this Section, the burden of
proof that such loss or damaged is covered shall be on the Insured.

2.2. Total or partial cessation of works, or retarding or interruption or cessation of any process or
operation.

2.3. Permanent or temporary dispossession resulting from confiscation, commandeering or
requisition by any lawfully constituted authority or body, or unlawful occupation by any any
person consequential loss.

2.4. Business interruption, or any kind of consequential loss (Subject to be deleted in respect of the
Business Interruption Cover).

3. DEDUCTIBLES

As per Schedule.

4. DEFINITIONS
Notwithstanding anything which may be defined in any laws or requlations to the contrary, for the
purpose of this policy, all terminology printed in italics shall be defined as follows :

4.1. Riots is an act of a group of at least 12 (twelve) persons who in the execution of their
common purpose cause public disturbance tumultuously with violence and damage
to the property of others, not amounting to Civil Commotion.
4.2. Strikes is deliberate acts of damage, by a group of workers of at least 12 (twelve)
persons or one half of the entire workforce (if the total number of workforce is less than
24 (twenty Four) persons, refusing to work as usual in an attempt to force the employer
to accept their demands or to protest against any terms of employment enforced by the
employer.
4.3. Locked-Out Workers is a deliberate act of damage, by a group or workers of at least 12
(twelve) persons or one half of the entire workplace (if the total number of workplace is
less than 24 (twenty Four) persons, to protest againts the termination or suspension
of a fellow employee by the employer.
4.4. Malicious Acts is an act of any person(s) deliberately causing damage to the property
of others driven by vengeance, hatred, anger or vandalistic, except such acts done by
the employee(s) of the Insured, or any person(s) on behalf of the Insured, or by any
person(s) entrusted by the Insured to maintain or keep such property, or by
thieves/robbers/looters.
4.5. Preventive Acts is an act of lawfully constituted authority in an attempt to prevent or
suppress the occurrence of any insured perils or to minimize the consequences of
any such perils.
4.6. Civil Commotions is an act of a large number of people acting together disrupting
public peace and disturbance tumultuously wiith violence and a chain of destruction
of a large number of properties, indicated by cessation of more than one half of the
normal activity of commercial/shopping or business areas or schools or public
transportation in one city for at least 24 (twenty four) hours consecutively commencing
immediately before, during or after the event.
4.7. Insurrection/Popular Rising is inter alia an uprising of a large number of the people
in the capital city of the country, or in three or more capital cities of the provinces within
12 (twelve) days, demanding a change in the government, or engage in open resistance
against the government that such uprising does not amount to a Rebellion or Revolution.
For the purpose of this definition the term “a large number of people” shall mean an
amount of people equivalent to a significant proportion of the population of the city in
which such uprising occurs, whether or not these people are ordinarily resident in
that city.
4.8. Usurped Power is a situation where the established order has been overthrown and
replaced by some illegal authority which is in a position to lay down rules of conduct
and also ensure that the rules are obeyed.
4.9.Revolution is an uprising of the people with force to make a radical change to the current
public administration system of the country or to overthrow the established government
de jure and de facto, not amounting to a Rebellion.
4.10. Rebellion is a state of organized resistance against the established authority with the
object of supplanting or overthrowing it with the use of force which threatens the existence
of such authority.
4.11. Military Power is an act by a group of home or foreign armed forces personnel consisting
of at least 30 (thirty) persons using force with the intention to overthrow the established
authority or to cause public disorder and disturbance.
4.12. Invasion is an act by the military power of one country to penetrate or invade the territory
of another with the object of permanently or temporarily occupying and taking control over
such territory.
4.13. Civil War is an armed conflict between regions or political factions within the territorial
limits of a country with the object of gaining legitimate power.
4.14. War and Hostilities is a widespread armed conflict (whether or not war has been declared)
or a warlike situation between two or more countries, including military exercises of a
country or joint-military exercises between countries.
4.15. Subversive Acts is an act by any persons on behalf of or in connection with any organisation
with activities directed towards the overthrow by force of the government “de jure” or “de
facto”, or to the influencing of it by Terrorism or Sabotage or violence.
4.16. Looting is the appropriation of property belonging to another by any person (excluding those
employed by r under the control of the Insured) with the intention of permanently depriving that
other of it.

5. CANCELLATION

This insurance may be terminated at any time at th option of the insurer on written notice that effect being given to th Insured. The termination shall be effective at nood on the 3rd (third) day after receipt of such notice by the Insured. The Insured shall be liabl to repay on demand a rateable proportion of the premium for the un-expired term from the date the termination is effective.

Removal of Debris

On First Loss BasisThis insurance under this heading is not subject to the Average Clause.

1.In consideration of the payment of an additional premium this policy extends to indemnify the Insured in respect of
The cost of removal of debris, demolition any temporary repairs necessary (including the Insured’s legal liability for the cost of removal of debris, demolition and temporary repairs in regard to adjoining premises, roadways or waterways, as well as on the site), consequent upon the destruction of or damage to any property, insured by the Insured’s Fire Policy (or Policies) occasioned by fire or any other perils thereby insured against.
Provided always :
-that such cost is not recoverable under any other Policy of Insurance
-that the indemnity afforded by this insurance shall not apply to or include liability assumed by the Insured under agreement entered into after the commencing date of this insurance unless such liability would have attached to the Insured in the absence of such agreement.

2.Sum Insured : within the sum insured with Limit 10% of TSI which in no case shall not exceed 10% of the total sum insured on building(s) and/or contents.

Reinstatement Value Clause (complete)

It is hereby declared and agreed that in the event of the property insured being destroyed or damaged, the basis upon which the amount payable under interest insured (building, content) of the policy is to be calculated shall be the cost of replacing or reinstating on the same site property of the same kind or type but not superior to or more extensive than the insured property when new, subject to the following Special Provision and subject also to the terms and conditions of the policy except insofar as the same may be varied hereby.

Special Provisions
i. The work of replacement or reinstatement (which may be carried out upon another site and any manner suitable to the requirements of the Insured subject to the liability of Insurer not being thereby increased) must be commenced and carried out with reasonable dispatch and in any case must be completed within 12 (twelve) months after the destruction or damage or within such further time as the insurer may (during the said 12 months) in writing allow otherwise no payment beyond the amount which would have been payable under the Policy if this memorandum had not been incorporated therein shall be made.

ii. Until expenditure has been incurred by the insured in replacing or reinstating the property destroyed or damaged the insurer shall not be liable for any payment in excess of the amount which would have been payable under the policy if this memorandum had not been incorporated therein.

iii. If at the time of replacement or reinstatement the sum representing the cost which would have been incurred in replacement or reinstatement if the whole of the property covered had been destroyed exceeds the sum insured thereon at the breaking out of any fire or at the commencement of any destruction of or damage to such property by any other peril insured against by this policy then the Insured shall be considered as being his own insurer for the excess and shall bear a rateable proportion of the loss accordingly. Each item of the Policy (if more than one) to which this memorandum applies shall be separately subject to the foregoing provision.

iv. No payment beyond the amount which would have been payable under the Policy if this memorandum had not been incorporated therein shall be made if at the time of any destruction or damage to any property insured hereunder such property shall be covered by any other insurance effected by or on behalf of the Insured which is not upon the identical basis of reinstatement set forth herein.

v. This memorandum shall be without force or effect if
(a) The Insured fails to intimate to the Insurer within 6 months from the date of destruction or damage or such further time as the Insurer may in writing allow his intention to replace or reinstate the property destroyed or damaged.
(b) The Insured is unable or unwilling to replace or reinstate the property destroyed
or damaged on the same or another site.

Pro-Rate Refund Premium Clause

Notwithstanding of anything in the policy where both parties may terminate this policy, the refund premium calculated and refundable shall be calculated on pro-rata basis.

Property Damage Clarification Clause

Property damage covered under this Agreement shall mean physical damage to the substance of property.

Physical damage to the substance of property shall not include damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure.

Consequently the following are excluded from the Agreement :

A. Loss or or damage to data or software in particular any detrimental change in data, software or
computer programs that is caused by a deletion, a corruption or a deformation of the original
structure, and any business interruption losses resulting from such loss or damage.
Notwithstanding this exclusion, loss of or damage to data or property shall be covered.

B. Loss or damage resulting from an impairment in the function, availebility, range or accessibility of
data, software or computer programs, and any business interruption losses resulting from such
loss or damage.

Preventive Measures Clause

“It is agreed that in the event of actual damage (or imminent damage) to the Insured property, the Insurer will pay the reasonable cost necessary in preventing, minimizing or reducing damage to the Insured Property, which the Insured can prove were necessarily incurred immediately and urgently in an emergency”

Payment on Account Clause

Notwithstanding anything contained in this Policy to the contrary provided that liability has been admitted, progress payments on account of any claim may be made to the Insured at such intervals:
75% of interim payment from the Loss and/or for such amount as may be agreed upon production of a report by the Loss Adjusters (if appointed) provided such payment(s) shall be deducted from the amount finally determined upon adjustment of the claim.

Notification Clause

The present situation, manner of connection, construction, nature and interior of the buildings and also the trade carried on therein is known to the Insurer.

Non Invalidation Clause

It is hereby agreed that this insurance shall not be invalidated by : A. any change of occupancy or increase of risks taking place in the property insured without the Insured’s knowledge, provided that they shall, immediately on the same coming to their knowledge, advise the Insurers and pay any additional premium that may be required from the date of such increase of risk. B. workmen on the premises for the purpose of affecting repairs minor alterations or general maintenance purpose and the like.

Nominated Loss Adjuster Clause

It is hereby noted and agreed that in the event of a loss the following Loss Adjuster should be appointed. The Preliminary and/or final report should be forwarded to the Agent and/or broker concern. The Nominated Loss Adjuster :
PT. ………….
PT. ………….
PT. ………….

Loss Notification Clause

Notwithstanding anything contained herein to the contrary it is agreed that this insurance will not be prejudiced by any inadvertent delays, errors or omission in notifying the Insurer or any circumstances or events giving rise or likely to give rise to a claim or to a claim under this Policy.

Indonesian Jurisdiction Clause

It is understood and agreed that the Insurers shall be under no liability in respect of :
1. Compensation for injury, loss or damage in respect of judgement delivered or obtained otherwise than through a court of competent jurisdiction within the Republic of Indonesia.
2. Cost and expenses of litigation recovered by any claimant from the Insured which are not incurred in and recoverable in the Republic of Indonesia.

Note : Subject otherwise to the terms, conditions and limitations of this Policy.

Impact by Own Vehicles CLause

It is noted and agreed that the cover relating to impact of vehicles shall include vehicles owned or used by the Insured.

General Interest Clause

Certain of the Property insured may be the subject of hire purchase lease or other agreements and the interest of the other parties to these arrangements is noted in this insurance, the nature and extent of such interest to be disclosed by the Insured in the event of damage.

Fire Extinguisher Charges Clause

The insurer by this policy extends to cover loss of or damage to the fire extinguishing appliances caused by the Insured perils.
This extension is deemed to include the cost reasonably incurred of refilling the fire extinguishing appliances provided always that such cost is incurred as a direct result of the use of the fire extinguishing appliances for the extinguishment of fire endangering the safety of the insured property. The Company will not be liable for the first (Nil) for the loss in respect of the costs of refills.
Provided always that the liability of he company in respect of such wages and costs shall be limited to those necessarily and reasonably incurred in extinguishing fires at or adjoining the situation of the property insured by this policy or immediately threatening to involve such property.
Provided further that otherwise the insurance under this endorsement and the policy shall be subject to all terms, limitations, stipulations, exclusions, proviso and exceptions printed on, expressed in, endorse upon or attached to the policy and provided also that all of the conditions of the policy (except in so far as they may hereby varied) shall apply as if they had been incorporated herein.