Fire Policy GMI FPP 01 08

8/3/2019 Fire Policy GMI FPP 01 08

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Policy Ref: GMI/FPP/01/08

FIRE INSURANCE POLICY

This Policy of Insurance Witnesseth that in consideration of the Insured designated in the Schedule having paid tothe Insurer designated in the Schedule the First Premium mentioned in the Schedule.

The Insurer hereby agrees with the Insured (subject to the terms and conditions hereof whether annexed hereto orendorsed or otherwise expressed hereon which shall be taken as part of this Policy) that if the property insureddescribed in the Schedule or any part thereof shall be destroyed or damaged by fire or by lightning whetheraccompanied by fire or not at any time after payment of the premium and during the Period of Insurance stated inthe Schedule or before 4 oclock in the afternoon of the last day of each subsequent period if any in respect ofwhich the Insured shall pay to the Insurer and it shall accept the Annual Premium required by the Insurer then theInsurer will pay or make good all such loss or damage to an amount not exceeding in respect of each item the sumexpressed in the Schedule to be insured thereon or in the whole the total Sum Insured and also not exceeding inany case the amount of the insurable interest therein of the Insured at the time of the happening of such fire.

CONTRACT AND JURISDICTION CLAUSE

This Policy shall for all effects and purposes be deemed to be a Maltese contract and shall be governed byand according to Maltese Law.

Without prejudice to any arbitration proceedings in Malta under current statutory provision, this Policy shallbe subject to the exclusive jurisdiction of the Maltese courts.

We will pay only in respect of judgements, orders or awards that are delivered by or obtained from a court withinMalta, or in Arbitration in Malta under current statutory provisions. We will not pay in respect of any judgement,order or award obtained in Malta for the enforcement of a judgement or arbitration award obtained elsewhere or tocosts and expenses of litigation recovered by any claimant from you or any other persons entitled to indemnityunder this policy which costs and expenses of litigation are not incurred in Malta.

On behalf of GasanMamo Insurance

Albert P. MamoManaging Director

Examined:


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CONDITIONS

1. MISDESCRIPTION

If there by any material misdescription of any of the property hereby insured, or of any building or place inwhich such property is contained, or any misrepresentation as to any fact material to be known forestimating the risk, or any omission to state such fact, the Insurer shall not be liable upon this Policy so far

as it relates to property affected by any such misdescription, misrepresenting or omission.

2. RECEIPTS

No payment in respect of any premium shall be deemed to be payment to the Insurer unless a printed formof receipt for the same signed by an Official or duly appointed Agent of the Insurer shall have been given tothe Insured.

3. INSURANCE WITH OTHER COMPANIES

The Insured shall give notice to the Insurer of any insurance or insurances already effected, or which maysubsequently be effected, covering any of the property hereby insured, and unless such notice be givenand the particulars of such insurance or insurances be stated in or endorsed on this Policy by or on behalf

of the Insurer before the occurrence of any loss or damage, all benefit under this Policy shall be forfeited.

4. FALLEN BUILDINGS

All insurance under this Policy

(a) on any building.(b) on any property contained in any building.(c) on rent or other subject matter of insurance in respect of or in

connection with any building or any property contained in anybuilding,

shall cease immediately upon any fall or displacement.

(i) of such building or any part thereof.(ii) of the whole or any part of any range of buildings or of any

structure of which such building forms part.

Provided

that such fall or displacement is of the whole or a substantial or important part of such building or impairsthe usefulness of such building or any part thereof or leaves such building or any part thereof or anyproperty contained therein subject to increased risk of fire or is otherwise material,

And Provided

that such fall or displacement is not caused by fire, loss or damage which is covered by this Policy or wouldbe covered if such building, range of buildings or structure were insured under this Policy.

In any action, suit or other proceeding, the burden of proving that any fall or displacement is caused by fireas aforesaid shall be upon the Insured

5. RISKS NOT COVERED

This Insurance does not cover:

(a) (i) Loss by theft or after the occurrence of a fire(ii) Loss or damage to property occasioned by its own fermentation, natural heating or

spontaneous combustion (except as may be provided in accordance with Condition 7 (f) orby its underground any hearing or drying process

(iii) Loss or damage occasioned by or through or in consequence of


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(1) The burning of property by order of any public authority(2) Subterranean Fire.

(iv) Loss or damage directly or indirectly caused by or arising from or in consequence of orcontributed to by nuclear weapons material.

(b) any other liability, loss, cost or expense of whatsoever nature directly or indirectlycaused by, resulting from, arising out of or in connection with nuclear reaction, nuclearradiation or radioactive contamination regardless of any other cause contributing

concurrently or in any other sequence to the loss.

(c) Loss, damage, cost or expense and any legal liability of whatsoever nature directly orindirectly caused by, resulting from or in connection with any act of terrorism regardless ofany other cause or event contributing concurrently or in any other sequence to the loss.

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

This insurance also excludes loss, damage, cost or expense and any legal liability ofwhatsoever nature directly or indirectly caused by, resulting from or in connection with anyaction taken in controlling, preventing, suppressing or in any way relating to any act ofterrorism.

If the Company alleges that by reason of this exclusion, any loss, damage, cost or expenseis not covered by this insurance the burden of proving the contrary shall be upon theInsured.

In the event any portion of this exclusion is found to be invalid or unenforceable, theremainder shall remain in full force and effect.

6. This insurance does not cover any loss or damage occasioned by or through or inconsequence, directly orindirectly, or any of the following occurrences, namely:

(a) Earthquake, volcanic eruption or other convulsion of nature

(b) Typhoon, hurricane, tornado, cyclone or other atmospheric disturbance.

(c) war, invasion, acts of foreign enemies, hostilities or war-like operations (whether war bedeclared or not ), civil war, mutiny, civil commotion assuming the proportions of or amountingto a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power,martial law, confiscation or nationalization or requisition or destruction of or damage toproperty by or under the order of any Government or public or local authority.

(d) Mutiny, riot, military or popular rising, insurrection, rebellion, revolution, military or usurpedpower, martial law or state of siege or any of the events or causes which determine theproclamation or maintenance of martial law or state of siege.

Any loss or damage happening during the existence of abnormal conditions (whether physicalor otherwise) which are occasioned by or through or in consequence, directly or indirectly, ofany of the said occurrences shall be deemed to be loss or damage which is not covered bythis insurance, except to the extent that the Insured shall prove that such loss or damagehappened independently of the existence of such abnormal conditions.

In any action, suit or other proceeding where the Insurer alleges that by reason of theprovisions of this condition any loss or damage is not covered by this insurance, the burden of

proving that such loss or damage is covered shall be upon the Insured.


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7. RISKS NOT COVERED UNLESS EXPRESSLY INCLUDED

Unless otherwise expressly stated in the Policy this insurance does not cover

(a) Goods held in trust or on commission.(b) Bullion or unset precious stones.(c ) Any curiosity or work of art for an amount exceeding 235 (Lm100.89).

(d) Manuscripts, plans, drawings, or designs, patterns, models or moulds.(e) Securities, obligations, or documents of any kind, stamps, coined or paper money, cheques, books ofaccount or other business books, computer systems records.

(f) Coal, against loss or damage occasioned by its own spontaneous combustion.(g) Explosives.(h) Any loss or damage occasioned by or through or in consequence of explosion; but loss or damage by

explosion of gas used for illuminating or domestic purposes in a building in which gas is not generatedand which does not form part of any gas works, will be deemed to be loss by fire within the meaning ofthis Policy.

(i) Any loss or damage occasioned by or through or in consequence of the burning, whether accidental orotherwise, of forests, bush, prairie, pampas or jungle, and the clearing of lands by fire.

8. ALTERATIONS AND REMOVALS

Under any of the following circumstances the insurance ceases to attach as regards the property affectedunless the Insured, before the occurrence of any loss or damage, obtains the sanction of the Insurersignified by endorsement upon the Policy, by or on behalf of the Insurer.(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other

circumstances affecting the building insured or increase the risk of loss or damage by fire.(b) If the building insured or containing the insured property becomes unoccupied and so remain for a

period of more than 30 days.(c ) If property insured be removed to any building or place other than that in which it is herein stated to be

insured.(d) If the interest in the property insured pass from the Insured otherwise than by will or operation of law.

9. MARINE CLAUSE

This insurance does not cover any loss of damage to property which, at the time of the happening of suchloss or damage, is insured by or would, but for the existence of this Policy, be insured by any Marine Policyor Policies except in respect of any excess beyond the amount which would have been payable under theMarine Policy or Policies had this insurance not been effected.

10. CANCELMENT OF THE INSURANCE

This insurance may be terminated at any time at the request of the Insured, in which case the Insurer willretain the customary short period rate for the time the Policy has been in force. This insurance may also atany time be terminated at the option of the Insurer, on notice to that effect being given to the Insured, inwhich case the Insurer shall be liable to repay on demand a rateable proportion of the premium for the

unexpired term from the date of the cancelment.

11. OCCURRENCE OF A FIRE

On the happening of any loss or damage the Insured shall forthwith give notice thereof to the Insurer, andshall within 15 days after the loss or damage, or such further time as the Insurer may in writing allow in thatbehalf, deliver to the Insurer.(a) a claim in writing for the loss or damage containing as particular an account as may be reasonably

practicable of all the several articles or items of property damaged or destroyed, and of the amount ofthe loss or damage thereto respectively, having regard to their value at the time of the loss ordamage, not including profit of any kind.

(b) particulars of all other insurances, if any.

The Insured shall also at all times at his own expense produce, procure and give to the Insurer all suchfurther particulars, plans, specifications, books, vouchers, invoices, duplicates or copies thereof,documents, proofs and information with respect to the claim and the origin and cause of the fire and the


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circumstances under which the loss or damage occurred, and any matter touched the liability or the amountof the liability of the Insurer as may be reasonably required by or on behalf of the Insurer together with adeclaration on oath or in other legal form of the truth of the claim and of any matters connected therewith.No claim under this Policy shall be payable unless the terms of this condition have been complied with.

12. RIGHTS OF INSURER re SALVAGE

On the happening of any loss or damage to any of the property insured by this Policy, the Insurer may

(a) enter and take and keep possession of the building or premises where the loss or damage hashappened.

(b) take possession of or require to be delivered to it any property of the Insured in the building or on thepremises at the time of the loss or damage.

(c) keep possession of any such property and examine, sort, arrange, remove, or otherwise deal with thesame.

(d) sell any such property or dispose of the same for account of whom it may concern.

The powers conferred by this condition shall be exercisable by the Insurer at any time until notice in writingis given by the Insured that he makes no claim under the Policy, or, if any claim is made, until such claim isfinally determined or withdrawn, and the Insurer shall not by any act done in the exercise or purportedexercise of its powers hereunder, incur any liability to the Insured or diminish its right to rely upon any of the

conditions of this Policy in answer to any claim.

If the Insured or any person on his behalf shall not comply with the requirements of the Insurer or shallhinder or obstruct the Insurer in the exercise of its powers hereunder, all benefit under this Policy shall beforfeited.

The Insured shall not in any case be entitled to abandon any property to the Insurer whether takenpossession of by the Insurer or not.

13. FORFEITURE

If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof, or if

any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain anybenefit under this Policy; or, if the loss or damage be occasioned by the wilful act, or with the connivance ofthe Insured; or, if the claim be made and rejected and an action or suit be not commenced within threemonths after such rejection, or (in the case of an arbitration taking place in pursuance of the 18

thCondition

of this Policy) within three months after the arbitrator or arbitrators or umpire shall have made their award,all benefit under this Policy shall be forfeited.

14. REINSTATEMENT

The Insurer may at its option reinstate or replace the property damaged or destroyed, or any part thereof,instead of paying the amount of the loss or damage, or may join with any other Company or Insurers in sodoing, but the Insurer shall not be bound to reinstate exactly or completely, but only as circumstancespermit and in reasonably sufficient manner, and in no case shall the Insurer be bound to expend more in

reinstatement than it would have cost to reinstate such property as it was at the time of the occurrence ofsuch loss or damage, nor more than the sum insured by the Insurer thereon.

If the Insurer so elect to reinstate or replace any property the Insured shall, at his own expense, furnish theInsurer with such plans, specifications, measurements, quantities, and such other particulars as the Insurermay require, and no acts done, or caused to be done by the Insurer with a view to reinstatement orreplacement shall be deemed an election by the Insurer to reinstate or replace.

If in any case the Insurer shall be unable to reinstate or repair the property hereby insured, because of anymunicipal or other regulations in force affecting the alignment of streets, or the construction of buildings, orotherwise, the Insurer shall, in every such case, only be liable to pay such sum as would be requisite toreinstate or repair such property if the same could lawfully be reinstated to its former condition.


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15. SUBROGATION OF RIGHTS

The Insured shall, at the expense of the Insurer, do, and concur in doing, and permit to be done, all suchacts and things as may be necessary or reasonably required by the Insurer for the purpose of enforcing anyrights and remedies, or of obtaining relief or indemnity from other parties to which the Insurer shall be orwould become entitled or subrogated, upon its paying for or making good any loss or damage under thisPolicy, whether such acts and things shall be or become necessary or required before or after hisindemnification by the Insurer.

16. CONTRIBUTION

If at the time of any loss or damage happening to any property hereby insured, there by any othersubsisting insurance or insurances, whether effected by the Insured or by any other person or persons,covering the same property, this Insurer shall not be liable to pay or contribute more than its rateableproportion of such loss or damage.

17. AVERAGE

If the property hereby insured shall, at the breaking out of any fire, be collectively of greater value than thesum insured thereon, then the Insured shall be considered as being his own insurer for the difference, andshall bear a rateable proportion of the loss accordingly. Every item, if more than one, of the Policy shall be

separately subject to this condition.

18. ARBITRATION

If any difference arises as to the amount of any loss or damage such difference shall independently of allother questions be referred to the decision of an arbitrator, to be appointed in writing by the parties indifference, or, if they cannot agree upon a single arbitrator, to the decision of two disinterested persons asarbitrators, of whom one shall be appointed in writing by each of the parties within two calendar monthsafter having been required so to do in writing by the other party. In case either party shall refuse or fail toappoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointmentthe other party shall be at liberty to appoint a sole arbitrator; and in case of disagreement between thearbitrators, the difference shall be referred to the decision of an umpire who shall have been appointed bythem in writing before entering on the reference and who shall sit with the arbitrators and preside at their

meetings. The death of any party shall not revoke or affect the authority or powers of the arbitrator,arbitrators, or umpire respectively, and in the event of the death of an arbitrator or umpire, another shall ineach case be appointed in his stead by the party or arbitrators (as the case may be) by whom the arbitratoror umpire so dying was appointed. The costs of the reference and of the award shall be at the discretion ofthe arbitrator, arbitrators or umpire making the award. And it is hereby expressly stipulated and declaredthat it shall be a condition precedent to any right of action or suit upon this Policy that the award by sucharbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained.

19. TIME LIMIT FOR INSURERS LIABILITY

In no case whatsoever shall the Insurer be liable for any loss or damage after the expiration of twelvemonths from the happening of the loss or damage unless the claim is the subject of pending action or

arbitration.

20. NOTICES

Every notice and other communication to the Insurer required by these Conditions must be written orprinted.

IMPORTANT

This Policy is a legal contract and it is important that you examine it carefully to make sure that it meets yourrequirements. If it does not, or if your insurance requirements change, please let us know right away. You arereminded If the need to tell us immediately of any facts or changes which we would take into account in our

assessment or acceptance of this insurance as failure to disclose all relevant facts may invalidate the Policy, ormay result in the Policy not operating fully.


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ENDORSEMENT NO 1 - ADDITIONAL PERILS

It is hereby understood and agreed that the insurance granted by this policy shallextend to include cover for loss or damage to the property described in theSchedule directly caused by:

1. Storm or Tempest, including Flood or Overflow of the sea, occasionedthereby or Rain, accompanying these perils, provided the building(s) inrespect of which the claim is made or containing the property in respect ofwhich the claim is made, is so damaged by the Storm or Tempest as toadmit rain water to the interior of the said building(s).

2. Earthquake or Volcanic Eruption including Flood or Overflow of the seaoccasioned thereby.

3. Flood, which shall mean the overflowing or deviation from their normalchannels of either natural or artificial water courses, bursting oroverflowing of public water mains and any other flow or accumulation ofwater originating from outside the building insured or containing theproperty insured, but excluding loss or damage by Flood caused by Storm,Tempest, Earthquake or Volcanic Eruption.

4. Bursting or overflowing of water tanks, apparatus or pipes, but excludingdamage thereto.

5. Explosion as per Endorsement Number 4.6. Aircraft or other aerial devices and/or articles dropped therefrom,

excluding loss or damage caused by any aircraft to which permission toland has been extended by the Insured.

7. Impact with the property insured by any road vehicle, horses or cattle notbelonging to or under the control of the Insured or any member of hisfamily or employees and for the purposes of this extension the propertyinsured shall include walls, gates and fences around and pertainingthereto.

Provided that:

a. all the conditions of the Policy (except as expressly varied herein) shallapply as if they had been incorporated therein.

b. for the purposes hereof any destruction or damage as aforesaid shall bedeemed to be destruction or damage by fire.


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ENDORSEMENT NO. 1 - ADDITIONAL P ERILS (CONTINUED)

c. the liability of the Company shall in no case under this Endorsement andthe Policy exceed the sum insured by each item of the Policy.

d. the Insured shall take all ordinary and reasonable precautions for themaintenance and safety of the property insured and if any defect bediscovered shall cause such defect to be made good as soon as possible,and shall in the meantime take additional precautions to prevent loss ordamage as the circumstances require.

e. the Company shall not be liable for:i) Consequential Loss of any kind whatsoever.ii) Loss or Damage caused by Subsidence or landslip or due to

ordinary wear and tear, gradual deterioration or normal exposureto the weather or to greenhouses, glasshouses and the like togoods in the open.

iii) Loss by reason of any ordinance or law regulating the constructionor repair of buildings.

iv) As regards Storm and Tempest, loss or damage to external radioand television aerials and masts, awnings, blinds, signs and otheroutdoor fixtures and fittings.

v) The Insured shall bear:a) the first 60 (Lm25.75) of each and every claim resulting

from Insured Peril 1, 2 or 3.

b) the first 25 (Lm10.73) of each and every claim resultingfrom Insured Peril 4.

Loss or damage occurring during any one period of forty-eight hours shall beregarded as one claim.


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ENDORSEMENT NO 2 - RIOT AND STRIKE

It is hereby agreed and declared that notwithstanding anything in the withinwritten Policy contained to the contrary the insurance under this Policy shallextend to cover Riot and Strike damage which for the purpose of thisendorsement shall mean (subject always to the Special Conditions hereinaftercontained).

Loss of or damage to the property insured directly caused by:-

1. The act of any person taking part together with others in any disturbanceof the public peace (whether in connection with a strike or lock-out or not)not being an occurrence mentioned in Condition 6 of the SpecialConditions hereof.

2. The action of any lawfully constituted authority in suppressing orattempting to suppress any such disturbance or in minimising theconsequences of any such disturbance.

3. The willful act of any striker or locked-out worker done in furtherance of astrike or in resistance to a lock-out.

4. The action of any lawfully constituted authority in preventing orattempting to prevent any such act or in minimising the consequences ofany such act.

SPECIAL CONDITIONS

For the purposes of this Endorsement but not otherwise there shall be substitutedfor the respectively numbered Conditions of the Policy the following:

Condition 5

a. This insurance does not cover:i) Loss of earnings, loss by delay, loss of market or other

consequential or indirect loss or damage of any kind or descriptionwhatsoever.

ii) Loss or damage resulting from total or partial cessation of work orthe retarding or interruption or cessation of any process oroperation.

iii) Loss or damage occasioned by permanent or temporarydispossession resulting from confiscation, commandeering orrequisition by any lawfully constituted authority.


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ENDORSEMENT NO. 2 - RIOT AND STRIKE (CONTINUED)

iv) Loss or damage occasioned by permanent or temporarydispossession of any building resulting from the unlawfuloccupation by any person of such building

v) Loss or damage directly or indirectly caused by or arising from or inconsequence of or contributed to by nuclear weapons material.

Provided nevertheless that the Company is not relieved under (c) or (d) above ofany liability to the Insured in respect of physical damage to the propertyinsured occurring before dispossession or during temporary dispossession.

This insurance does not cover loss or damage directly or indirectly caused by orarising from or in consequence of or contributed to by ionising radiations orcontamination by radioactivity from any nuclear fuel or from any nuclear wastefrom the combustion of nuclear fuel. For the purposes of this Condition 5 (ii) onlycombustion shall include any self-sustaining process of nuclear fission.

Condition 6

This insurance does not cover any loss or damage occasioned by or through or inconsequence, directly or indirectly, of any of the following occurrences, namely:-

a)

War, invasion, act of foreign enemy, hostilities or warlike operations(whether war be declare or not), civil war.

b) Mutiny, civil commotion assuming the proportions of or amounting to apopular rising, military rising, insurrection, rebellion, revolution, military orusurped power.

c) Acts of terrorism committed by a person or persons acting on behalf of orin connection with any organisation.

For the purpose of this condition, "terrorism" means the use of violence forpolitical ends and includes any use of violence for the purpose of putting thepublic or any section of the public in fear.

In any action, suit or other proceeding, where the Company alleges that byreason of the provisions of this Condition any loss or damage is not covered bythis insurance, the burden of proving that such loss or damage is covered shall beupon the Insured.


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ENDORSEMENT NO. 2 - RIOT AND STRIKE (COMP LETED)

Condition 7

Unless otherwise expressly stated in the Policy this insurance does not cover:-

a. Goods held in trust or on commission.b. Bullion or unset precious stones.c. Any curiosity or work of art for any amount exceeding 235 (Lm100.88) or

its local currency equivalent.

d. Manuscripts, plans, drawings or designs, patterns, models or moulds.e. Securities, obligations, or documents of any kind, stamps, coined or paper

money, cheques, books of account or other business books, computersystems records.

f. Explosives.

Condition 10

The insurance may at any time be terminated by the Company on notice to thateffect being given to the Insured, in which case the Company shall be liable torepay a rateable proportion of the premium for the unexpired term from the dateof cancelement. If the insurance be terminated at the request of the Insured theCompany shall not be liable to repay the premium of any part of it except in sofar as the insurance applies to stocks in respect of which the Company shallretain a premium calculated according to its customary short period scale for thetime the said insurance has been in force.

Condition 17

If the property hereby insured shall at the breaking out of any fire or at thecommencement of any destruction of or damage to such property by any otherperil insured against by this Endorsement be collectively of greater value than thesum insured thereon, the Insured shall be considered as being his own insurer forthe difference and shall bear a rateable share of the amount of the lossaccordingly. Every item if more than one, of the Policy shall be separatelysubject to this condition.

Provided that it is hereby further expressly agreed and declared that:

1. All the conditions of this Policy shall apply in all respects to the insurancegranted by this extension save in so far as the same are expressly variedby the above Special Conditions and any reference to fire in the Conditionsof the Policy shall be deemed to include the perils hereby insured against.

2. The Special Conditions herein shall apply only to the insurance granted bythis extension and the Conditions of the Policy shall apply in all respects tothe insurance granted by the Policy as if this Endorsement had not beenmade thereon.


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ENDORSEMENT NO 3 - MALICIOUS DAMAGE

It is hereby agreed and declared that the insurance under the said Riot and Strike(Endorsement No.2) shall extend to include MALICIOUS DAMAGE which for thepurpose of this extension shall mean

Loss of or damage to the property insured directly caused by themalicious act of any person (whether or not such act iscommitted in the course of a disturbance of the public peace)not being an act amounting to or committed in connection withan occurrence mentioned in Special Condition 6 of the said Riotand Strike Endorsement.

but the Company shall not be liable under this extension for any loss or damageby fire or explosion not for any loss or damage arising out of or in the course ofburglary, housebreaking, theft or larceny or any attempt thereat or caused byany person taking part herein.

Provided always that all the conditions and provisos of the said Riot and StrikeEndorsement shall apply to this extension as if they had been incorporatedherein.


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ENDORSEMENT NO 4-STANDARD EXPLOSION

It is hereby agreed and declared that the insurance under this Policy shall,subject to the Special Conditions hereinafter contained, extend to include:

Loss of or damage to the property insured by fire or otherwisedirectly caused by explosion, but excluding loss of or damage toboilers, economisers, or other vessels, machinery or apparatus inwhich pressure is used or their contents resulting from theirexplosion.

PROVIDED always that all the conditions of this Policy (except insofar asCondition No.7(h) is hereby expressly varied) shall apply as if they had beenincorporated herein and for the purpose hereof any loss or damage by explosionas aforesaid shall be deemed to be loss or damage by fire within the meaning ofthis Policy.

Special Conditions

1. The company shall not be liable, under this extension, for loss or damageoccasioned by or through or in consequence, directly or indirectly, or actsof terrorism committed by a person or persons acting on behalf of or in

connection with any organisation.

For the purpose of this condition, terrorism" means the use of violence forpolitical ends and includes any use of violence for the purpose of puttingthe public or any section of the public in fear.

In any action, suit or other proceeding, where the Company alleges that byreason of the provisions of this Condition any loss or damage is notcovered by this insurance, the burden of proving that such loss or damageis covered shall be upon the Insured.

2. If there shall be any other fire insurance on the property insured underthis Policy, the Company shall be liable only pro-rata with such other fireinsurance for any loss or damage by explosion whether or not such otherfire insurance be extended to cover loss or damage by explosion.

3. The Company shall not be liable under this extension for loss or damagewhich at the time of the happening of such loss or damage is insured by orwould, but for the existence of this extension, be insured by any otherexisting policy or policies except in respect of any excess beyond theamount which would have been payable under such other policy or policieshad this insurance not been effected.


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ENDORSEMENT NO 5 - POLLUTION EXCLUSION.

It is hereby understood and agreed that this Policy does not cover any lossand/or damage and/or costs and/or expenses arising directly or indirectly from

seepage and/or pollution and/or contamination except for:

Seepage and/or pollution and/or contamination which results from adefined peril,

A defined peril which results from seepage and/or pollution and/orcontamination

Under no circumstances shall land and/or water and/or air be considered insuredproperty under this policy.

ENDORSEMENT NO 6 INFORMATION TECHNOLOGY

EXCLUSION

It is hereby understood and agreed that this Policy does not cover:

Loss, corruption or destruction of data, coding programme or softwareand/or

Unavailability of data and malfunction of hardware, software andembedded chips and/or

Business Interruption losses resulting therefromUnless they are the direct consequence of an otherwise insured physical damage.


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ENDORSEMENT NO. 7 - THEFT

It is hereby understood and agreed that if the property described under Item (s)in this policy be lost by Burglary, Housebreaking or Robbery, following uponviolent and forcible entry or exit, or there shall arise any damage to any of the

said property or to the premises, falling to be borne by the Insured, which shallbe due to any such Theft as aforesaid or to any attempt thereat, the Companywill pay or make good such loss to the extent of the intrinsic value of the propertyso lost, and such damage to the amount so sustained, but not exceeding duringany one period of insurance in the case of the said property the sum or sums ofmoney insured thereon and not exceeding in the whole, including any amount fordamages to the premises, the Total Sum Insured by this Policy.

Provided always that:

a. This extension shall not apply to:i) Loss or damage due to any such theft as aforesaid, or to any

attempt thereat, by any one of the Insured's family, or domesticservants, or any person lawfully on the premises.

ii) Losses of whatsoever nature from any buildings or part of abuilding incapable of being locked, gardens, yards, outbuildings orother appurtenances.

iii) Loss or damage upon the occasion of, or consequent upon, fire orexplosion within the premises, or any loss or damage which can be

insured against by a Fire or Plate Glass Insurance Policy.

iv) Loss or damage to any showcase and/or automatic machine, or tothe contents thereof, fixed outside the premises.

b. Upon the happening of any event giving rise or likely to give rise to aclaim under this Extension:

i) The Insured shall give immediate notice thereof in writing to theCompany or to its Agents stating the circumstances of the loss.Unless such notice be received within six weeks of the happening ofsuch event, the Company shall be under no liability for any loss ordamage occurring in connection with such event.

ii) The Insured shall give immediate notice of every loss or damage tothe Police and shall take all practicable steps to discover the guiltyperson or persons, and to recover the property lost.


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ENDORSEMENT NO 7 - THEFT (CONTINUED)

iii)

The Insured shall deliver to the Company or to its Agents withinseven days from the date on which the event shall have come tohis knowledge, or within such further time as the Company or itsAgents may allow a detailed statement in writing of the loss ordamage with an estimate of the value of each article lost and theamount of damage sustained.

The Insured shall furnish to the Company or to its Agents all suchparticulars and evidence, documentary or otherwise, and executeand do all such assurances and things as the Company or itsAgents may reasonably require to substantiate the Claim, todiscover and punish the guilty person or persons to trace and

recover the property lost, and to recoup the Company, so far asmay be in respect of the amount they shall pay or be liable to payunder this Extension. The Company shall bear the expense of allsuch particulars, evidence, assurances and things as they mayrequire with the above objects or any of them, other than thoserequired to substantiate the claim.

c. The Company may reinstate, repair or replace the property or premiseslost or damaged as the case may be, instead of paying the amount of theloss or damage, and may join with any other Insurers in doing so, in thecases where the property is also insured elsewhere. Upon payment of anyclaim for loss under this Extension the property in respect of which thepayment is made shall belong to the Company. If at the time of thehappening of any loss or damage covered by this Policy there shall besubsisting any other Insured or not, then the Company shall not be liableto pay or contribute more than its rateable proportion thereof.

d. If at any time of any loss or damage, the Sum Insured on any Item of theproperty insured is less than the total value of such property, the Insuredshall be considered as being his own Insurer for the difference and shallbear a rateable share of the loss accordingly.

e. All sums which from time to time be paid by way of compensation to theInsured under this Extension in any one year of Insurance shall beaccounted in diminution of the Sum Insured so that in case of subsequent

loss or damage during the same year, the total amount payable by theCompany shall not in any case exceed the undernoted Sum Insured.

Total Sum Insured under this Extension-

Fire Policy GMI FPP 01 08

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Transcript of Fire Policy GMI FPP 01 08