Friday, May 1, 2009

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.

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