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Page 1 of 24 Engineering Master Schedule Version 3.0 Willis Insolvency Scheme HSB Master Schedule – Engineering Policies Version 3.3 This Master Schedule is issued under the terms and conditions of the Binding Authority Agreement granted to Willis Limited (“Willis”) by HSB Engineering Insurance Limited (“HSB”) in respect of HSB insurance policies (“Policy” or “Policies”) under the Willis Insolvency Scheme (“the Scheme”). Criteria for acceptance of insurance placements under the Scheme shall be provided in the “Operating Manual for the Willis Insolvency Open Cover Scheme for Insolvency Practitioners (as issued or amended from time to time) (“the Scheme Manual”) in respect of “Insolvency Practitioner Appointments” as defined below. Insolvency Practitioner Appointment shall mean the appointment of any partner or authorised employee (an “Insolvency Practitioner”) in any of the following capacities: (a) the Insolvent Party has become insolvent and/or has a petition presented for its liquidation or administration or the appointment of a provisional liquidator or an order has been made or a resolution passed for its liquidation, administration or dissolution (otherwise than for the purposes of a bona fide solvent amalgamation or reconstruction); or (b) in the event that the Insolvent Party is a partnership (or limited partnership) any of the partners becomes insolvent or a resolution is passed for his or her bankruptcy; or (c) an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer is appointed over all or any substantial part of the Insolvent Party 's assets or notice of intention to appoint an administrator is filed; or (d) the Insolvent Party or, where it is a partnership (or limited liability partnership), any of its partners, enters into or proposes any composition or arrangement with its or his or her creditors generally or the partnership is dissolved or an administration order is made or receiver or other similar officer is appointed (otherwise than for the purposes of a bona fide solvent amalgamation or reconstruction); or (e) in the event that the Insolvent Party is a sole trader or unincorporated person, an interim order is made or petition presented for his or her bankruptcy; or (f) the Insolvent Party is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986; or (g) any event which has a similar or analogous effect to the matters set out in (a) to (f) above occurs in any jurisdiction in relation to the Insolvent Party; and where the Insolvency Practitioner requires insurance cover under the Scheme insurance arrangements. Cover is provided under each insurance Policy described below subject to notification of risk information in accordance with the timescales shown in the Scheme Manual. Cover is subject to the limits, terms, conditions or endorsements issued on an individual Risk Schedule issued by Willis in respect of a specific Insolvency Practitioner Appointment. The individual Risk Schedule shall be read in conjunction with the Master Schedule, the Scheme Manual and Policy Wording(s) as one document and the limits, terms, conditions or endorsements on an individual Risk Schedule amend the limits, terms, conditions or endorsements on the Master Schedule where they differ. Premiums, terms and conditions of the Policies provided under the Scheme for specific Insolvency Practitioner Appointments are based on information provided to Willis including the completed questionnaire, declarations or any additional information provided to Willis.

Willis Insolvency Scheme HSB Engineering Policies Version 3 · Willis Insolvency Scheme. HSB. Master Schedule – Engineering Policies Version 3.3 This Master Schedule is issued under

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Page 1: Willis Insolvency Scheme HSB Engineering Policies Version 3 · Willis Insolvency Scheme. HSB. Master Schedule – Engineering Policies Version 3.3 This Master Schedule is issued under

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Willis Insolvency Scheme

HSB Master Schedule – Engineering Policies Version 3.3

This Master Schedule is issued under the terms and conditions of the Binding Authority Agreement granted to Willis Limited (“Willis”) by HSB Engineering Insurance Limited (“HSB”) in respect of HSB insurance policies (“Policy” or “Policies”) under the Willis Insolvency Scheme (“the Scheme”). Criteria for acceptance of insurance placements under the Scheme shall be provided in the “Operating Manual for the Willis Insolvency Open Cover Scheme for Insolvency Practitioners (as issued or amended from time to time) (“the Scheme Manual”) in respect of “Insolvency Practitioner Appointments” as defined below.

Insolvency Practitioner Appointment shall mean the appointment of any partner or authorised employee (an “Insolvency Practitioner”) in any of the following capacities:

(a) the Insolvent Party has become insolvent and/or has a petition presented for its liquidation or administration or the appointment of a provisional liquidator or an order has been made or a resolution passed for its liquidation, administration or dissolution (otherwise than for the purposes of a bona fide solvent amalgamation or reconstruction); or

(b) in the event that the Insolvent Party is a partnership (or limited partnership) any of the partners becomes insolvent or a resolution is passed for his or her bankruptcy; or

(c) an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer is appointed over all or any substantial part of the Insolvent Party 's assets or notice of intention to appoint an administrator is filed; or

(d) the Insolvent Party or, where it is a partnership (or limited liability partnership), any of its partners, enters into or proposes any composition or arrangement with its or his or her creditors generally or the partnership is dissolved or an administration order is made or receiver or other similar officer is appointed (otherwise than for the purposes of a bona fide solvent amalgamation or reconstruction); or

(e) in the event that the Insolvent Party is a sole trader or unincorporated person, an interim order is made or petition presented for his or her bankruptcy; or

(f) the Insolvent Party is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986; or

(g) any event which has a similar or analogous effect to the matters set out in (a) to (f) above occurs in any jurisdiction in relation to the Insolvent Party;

and where the Insolvency Practitioner requires insurance cover under the Scheme insurance arrangements.

Cover is provided under each insurance Policy described below subject to notification of risk information in accordance with the timescales shown in the Scheme Manual.

Cover is subject to the limits, terms, conditions or endorsements issued on an individual Risk Schedule issued by Willis in respect of a specific Insolvency Practitioner Appointment.

The individual Risk Schedule shall be read in conjunction with the Master Schedule, the Scheme Manual and Policy Wording(s) as one document and the limits, terms, conditions or endorsements on an individual Risk Schedule amend the limits, terms, conditions or endorsements on the Master Schedule where they differ.

Premiums, terms and conditions of the Policies provided under the Scheme for specific Insolvency Practitioner Appointments are based on information provided to Willis including the completed questionnaire, declarations or any additional information provided to Willis.

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In accordance with the Appointed Insolvency Practitioner(s) instructions we confirm cover is bound subject to the terms, conditions, limitations and exceptions of the Willis Insolvency Practice HSB Master Schedule (version 3.1) and the policy wordings noted below unless specifically amended below by endorsement under the Master Schedule Endorsements or more specifically amended on an individual Risk Schedule in respect of a specific Insolvency Practitioner appointment Master Policy holder: Insolvency Practitioner(s) who have been admitted to the Scheme Insured: Appointed Insolvency Practitioner(s) as shown on the individual Risk Schedule Trades/Business Covered: As referred to in the individual Risk Schedule and as declared to and accepted by

Willis on behalf of HSB Risk Address (es) Covered: As referred to in the individual Risk Schedule and as declared to and accepted by

Willis on behalf of HSB Period of Master Schedule of Insurance Or Inspection Contracts: For:

(1) All appointments of the Insured within the terms of the Scheme which are made

between 01st November 2013 and 31st October 2014, both days inclusive (GMT) and in respect of each such appointment for a period of up to but no more than 12 months from the date of appointment

(2) All appointments of the Insured in respect of which cover has been confirmed by

Willis under the Scheme prior to 01st November 2013 and where such coverage is required by the Insured to be renewed during the period described in (1) above, subject always to a maximum coverage period on such a renewal of 12 months from the date of renewal

Computer

HSB Master Policy Number: LBL 159213 Policy Wording Computer Insurance Policy Wording Reference STA-COM-11032013 and STA-PLA-11032013 Where cover is provided for the specific Insolvency Appointment under the Scheme Computer Policy, the Computer Policy will be shown as insured on the individual Risk Schedule. The above policy wording is subject to the following Master Schedule Endorsement which applies to all Scheme Computer policies unless amended by the individual Risk Schedule. WISCP01 Master Schedule Endorsement Under Policy Wording STA-PLA-11032013enclosing the general policy terms and conditions, item 10 Alterations in Risk is restated as follows

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Alterations in Risk 10. The Insurance under this Policy may be avoided if

(a) any alterations are made either to the business as stated in the schedule or in the premises or property whereby the risk of loss or damage is increased

(b) any loss minimising factors in existence at the commencement of the insurance are reduced

discontinued or not maintained

unless its continuance be accepted by The Company and the Policy endorsed accordingly The sections How To Notify Us of Claims and Customer Service and Complaints Procedure are replaced with the following wordings

How to Notify us of Claims

Claims should be notified promptly to Willis Limited at the address shown in the Operating Manual for the

Insurance Facility for Insolvency Practitioners (the Manual).

Customer Service & Complaints Procedure

HSB is committed to the highest standards of customer service and aims to achieve customer satisfaction in all

cases. If you have any cause for complaint, therefore, you should let us know immediately.

If your complaint relates to your policy, in the first instance please contact Willis Ltd. The Manager Willis Insolvency Services Willis Ltd 40 St Paul’s Square Birmingham B3 1FQ Tel 0121 214 1717Fax 0121 214 1610 If your complaint relates to a claim on your policy, please contact the department dealing with your claim. When you make contact please tell Willis the following information: Your policy and / or claim number, and the type of policy you hold The reason for your complaint Telephone contact is often the most effective way to resolve complaints quickly.

If the matter cannot be resolved simply with Willis Limited, you should contact us at the following address:-

Group Operations Manager

HSB Engineering Insurance Ltd

Chancery Place, 50 Brown Street Manchester, M2 2JT

Tel 0845 345 5510

Fax 0845 345 5610

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We shall always acknowledge your complaint within 5 business days and do our best to resolve it within four

weeks. If the matter remains unresolved at the end of eight weeks, or you are unhappy with our response, you

may, if you are a small business, have recourse to the Financial Ombudsman Service, or other dispute resolution

service.

Your right to take legal proceedings is not affected by this complaints procedure.

Under Policy Wording STA-COM-11032013Computer Insurance Specification the following amendments are made SECTION 1 - HARDWARE is restated as follows Section 1 - HARDWARE The Company will indemnify the Insured against loss of or damage to the Hardware described in the Schedule in consequence of an Accident whilst at the Premises specified in the Schedule or to the Portable Computer Equipment anywhere in Europe unless specifically stated otherwise in the Schedule. Subject to the terms Conditions and Exclusions of this Policy The following wording is added to DEFINITIONS APPLYING TO ALL SECTIONS Unoccupied means unoccupied or untenanted for the foreseeable future without any prospect of the Premises being reoccupied or tenanted within 30 consecutive days or temporarily unoccupied for more than 30 consecutive days or where the business has ceased and will not be recommencing Willis/Your Broker means Willis Limited The definition of Computer Equipment within the policy is restated as follows

Computer Equipment

Computer Equipment shall mean

(a) All electronic equipment used for the storage and communication of electronically processed data including

peripheral devices interconnecting wiring fixed disks telecommunications equipment computerised telephone

systems electronic access equipment Portable Computer Equipment and Electronic Point of Sale Systems

Computer Equipment shall not include

(i) Computer Equipment controlling manufacturing processes

(ii) Computer Equipment manufactured for sale or held as stock for sale

(iii) Facsimile or photocopying machines not used for the storage and communication of electronically processed

data

unless otherwise specified in the Schedule

(b) Ancillary equipment solely for use with the Hardware comprising air conditioning equipment generating

equipment voltage regulating equipment temperature and humidity recording equipment electronic access

equipment heat and smoke detection equipment gas flooding cylinders and pipework and computer room

partitioning

(c) Data Carrying Materials

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(d) All current and backup computer software and programs held on hard disks or Data Carrying Materials unless

specifically described otherwise in the Schedule

(e) Lock down plates security enclosures security cables and other similar devices

owned by or on deferred purchase leased hired or rented to the Insured or whilst on trial with a view to purchase

by the Insured

Portable Computer Equipment shall mean (a) Laptops Palmtops and Notebooks (b) Personal Digital Assistants (PDA’s) (c) Projectors printers and other peripheral devices which are designed to be carried and used in conjunction with

other Portable Computer Equipment (d) Removable satellite navigation systems (e) Digital Cameras ADDITION OF CONDITIONS The following is added to Conditions Applying to Section 1 Unoccupied Premises Condition 5. Cover for Unoccupied freehold and leasehold Buildings and Buildings where normal trading has ceased to

be on the same basis is subject to the following Code of Practice being complied with unless otherwise agreed or modified in writing by the Company Within 30 days of the appointment if the Buildings are Unoccupied at the time of appointment Within 30 days of the Buildings becoming Unoccupied

Code of Practice 1. All water supplies shall be turned off at the mains and the system entirely drained down OR

For the period 1 November to 31 March inclusive the heating system is to be kept in operation This requirement applies whether or not a sale of the Building or disposal of the lease has been negotiated.

2. Any sprinkler system should be kept in operation subject to weekly tests being continued:

a) for water filled systems the heating must be kept in operation for the period 1 November to 31 March inclusive

b) for combined air and water systems the system should be air filled for the period 1 November to 31 March

inclusive 3. All gas supplies should be disconnected unless used to heat the Building 4. All electricity supplies should be turned off at the mains unless required to maintain fire and/or theft

protection/detection equipment The electricity supply may be reconnected for the duration of visits to the Building

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5. All fire and theft protection/detection equipment shall be maintained in efficient working order and put into effective operation whenever there is no person lawfully in the Building. Existing maintenance contracts on such equipment must be continued

6. All letter boxes should be completely sealed to prevent any insertions 7. Manned guarding or periodic visits by a professional security company must be maintained at those times

where stipulated by the Company in writing 8. The Building should be cleared of all combustible waste materials 9. All basement ground floor and other accessible windows and glazing to doors to be securely boarded up and

the Building to be inspected internally and externally at least once during every 14 day period by a representative of the Insured unless otherwise agreed by the Company

Boarding-up is not required for Buildings which were previously occupied solely as offices or as a hotel private dwelling block of flats individual Flat or motor vehicle showroom

Physical Security Condition

Where the total value of Hardware exceeds £5,000 at any one location the requirement for the Physical Security

Condition must be compiled with. .

Where the total value of Hardware exceeds £5,000 but less than £25,000 at any one location and the Physical

Security Condition has not been met, additional excesses shall apply as per the the General Exclusion –

Application of Excess.

Where the total value of Hardware exceeds £25,000 at any one location and the Physical Security Condition has

not been met no cover applies..

Physical Security Condition

6. The Company shall not be liable for any loss or damage resulting from theft or attempt thereat or malicious damage unless the following Physical Security Condition is complied with at the Premises in which the Hardware is situated.

Where this condition is not met upon commencement of computer cover under the Willis Insolvency Insurance Scheme via HSB, it must be completed within 30 days of commencement of computer cover under the Willis Insolvency Insurance Scheme via HSB but will not apply as a condition precedent to liability until 30 days after the Insolvency Practitioner Appointment.

Doors

1. Except for openings designated as fire exits by the Fire Authority

(a) the final exit door of the Premises must be secured depending on door frame construction with

(i) a mortice deadlock which has five or more levers and/or conforms to BS3621: 1980 specification for thief

resistant locks and matching boxed striking plate or

(ii) a cylinder operated mortice deadlock or deadlocking multi-point locking system or

(iii) a good quality close shackle cylinder or minimum four lever operated padlock on matching locking bar

(b) all other external doors and all internal doors giving access from an external source to any part of the Premises

must be fitted with

(i) any of the locking arrangements as specified in (a) above according to the construction of the door frame or

(ii) two key operated security bolts for doors one fitted approximately 30 centimetres from the top of the door

and the other 30 centimetres from the bottom

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Fire Doors

2. Any door officially designated as a fire exit by the Fire Authority must be secured by means of a suitable lock for

use in emergency escape situations and it must not be possible for the lock to be operated by breaking or

removing glazing either in the door itself or in a window immediately adjacent to the door

Windows

3. All ground floor and basement opening windows and skylights and other opening windows and skylights

accessible from roofs decks scaffolding (temporary or permanent) balconies fire escapes canopies down pipes

or any other externally protruding feature of the building such as roller shutter encasements or design features

must be fitted with key operated window locks or protected by solid steel bars lockable steel gates expanded

metal or weld mesh grilles

Unattended Premises

The Premises must not be left unattended unless

(a) all locks bolts and other protective devices are in full operation

(b) all keys are removed from the Premises or placed in a locked safe or strong room the keys to which are

removed from the Premises

(c) all Portable Computer Equipment including but not limited to laptop computers palmtop computers digital

cameras and digital projectors insured under this Policy are locked in cupboards drawers or other secure

storage the keys for which must be stored in accordance with point (b) above

Alarm Condition

7. Where the total value of Hardware exceeds £25,000 at any one location the requirement for the ALARM

CONDITION must be compiled with.

Alarm Condition the Company shall not be liable for any loss or damage resulting from theft or attempt thereat or malicious damage unless the following conditions are complied with at the Premises in which the Hardware is situated The Alarm System 1. The Premises must be protected by an intruder alarm system installed and maintained by a company which is

recognised as an installer of intruder alarms either by the National Security Inspectorate (NSI) or the Security Systems and Alarms Inspection Board (SSAIB)

All Insured Property must be within the alarm protected area and the alarm system must: (a) incorporate remote signalling to an alarm receiving centre (b) qualify for police response (c) be designed and configured such that when an intruder enters the Premises an alarm condition will be

signalled to the alarm receiving centre (d) incorporate technology which enables the user to

(i) detect a failure of any signalling path to the alarm receiving centre and this must be clearly indicated at the users control equipment so that the user is aware of the fault before proceeding to set the system

(ii) detect if the alarm has not been set in its entirety and this must be clearly indicated at the users control equipment so that the user is aware that the alarm has not been set properly

DEFINITIONS Keyholder The Insured a representative of the Insured or a keyholding company who must be available at all times to receive notifications of alarm faults or alarm activations and who can be in attendance and allow access to the Premises

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CONDITIONS Unattended Premises The Premises must not be left unattended unless the alarm system is tested and checked set in its entirety and where the equipment permits any central station to which the alarm is connected has acknowledged the setting signal In the event of an alarm activation or notification of a failure of signal path to the alarm receiving centre whilst the alarm system is active a Keyholder must attend the Premises as soon as possible Notification of Changes The Insured must inform the Company immediately or not later than the Company’s next working day if notification is served to the effect that the level of police response will be downgraded or removed

Amendments to CONDITIONS APPLYING TO SECTIONS 2 AND 3

Back Up Records is restated as follows

1. The Insured shall maintain a minimum of 2 generations of Verified back-up computer records taken at intervals

no less frequently than 48 hours one copy as a minimum being held off site

The Insured must take reasonable precautions to ensure that all backup tapes storage devices or other computer

records are used and stored in accordance with the manufacturers recommendations

Where this condition is not met upon commencement of computer cover under the Willis Insolvency Insurance Scheme via HSB, it must be completed within 30 days of commencement of computer cover under the Willis Insolvency Insurance Scheme via HSB but will not apply as condition precedent to liability until 30 days after Insolvency Practitioner Appointment. The following condition is added Theft restricted to Forcible and Violent Entry Interruption or loss of or damage to Hardware data programs or software due to theft or attempted theft unless such loss or damage is accompanied by visible signs of forcible and violent entry to or exit from the perimeter protections of the Premises in which the Computer Equipment is situated (or transporting vehicle in the case of Portable Computer Equipment or Computer Equipment covered under the Temporary Removal Extension) The following wording is added to ADDITIONAL COVER - EXTENSIONS OF COVER APPLYING TO ALL SECTIONS 72 hour clause 3. It is agreed that any loss or damage to insured property arising during any period of 72 consecutive hours caused by storm tempest flood or earthquake shall be deemed as a single event and therefore to constitute one occurrence with regard to the Excess provided for herein. For the purpose of the foregoing the commencement of any such 72 hour period shall be decided as the discretion of the Insured it being understood and agreed however that there shall be no overlapping in any two or more such 72 hour periods in the event of damage occurring over a more extended period. First Loss Limit 4. Where The Insured has not yet declared limits of indemnity required The Company shall only be liable up to £750,000 at any one location or in aggregate for each and every loss under Section 1 – Hardware up to £50,000 any one accident or series of accidents in respect of Section 2 – Reinstatement of Data up to £100,000 any one accident or series of accidents in respect of Section 3 – Increased Costs of Working and up to £50,000 (or the

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aggregate limit of Sections 2 and 3 if this limit is lower) any one accident or services of accidents in respect of Section 4 – Virus Hacking and Denial Of Service Attack unless otherwise agreed with The Company. Where Willis have received a declared sum insured and the limits of indemnity are in excess of the above stated limits, the Insurer will only be liable up to the limits shown above unless otherwise agreed with The Company. All other terms and conditions remain unaltered General Exclusions Applying to all Sections - the Application of Excess is deleted and replaced as follows: Application Of Excess 2. One Excess specified in the Schedule shall be applied to any one loss across all Sections other than (a) Where the Sums Insured are less than £5,000 a £50 Excess applies to each and every loss under Section 1 – Hardware and a £50 Excess applies to each and every loss under Section 2- Reinstatement of Data and Section 3 – Increased Cost of Working (b) Where the Sums Insured are greater than £5,000 but less than £25,000 and where the Physical Security Condition has been met.a £250 Excess appies to each and every loss under Section 1 – Hardware and £100 Excess applies to each and every loss under to Section 2 – Reinstatement of Data and Section 3 – Increased Cost of Working (c) Where the Sums Insured are greater than £5,000 but less than £25,000 and where the Physical Security Condition has not been met.a £2500 Excess applies in respect of theft and malicious damage losses under Section 1 – Hardware. In respect of all other losses, the excess is £250. for Section 1 – Hardware and Section 2 –Reinstatement of Data and Section 3 – Increased Cost of Working (d) Where the Sums Insured are greater than £25,000 and the Physical Security Condition and Alarm Condition has been met.a £250 Excess for each and every loss applies in under Section 1 – Hardware and £100 Excess applies to each and every loss under to Section 2 – Reinstatement of Data and Section 3 – Increased Cost of Working (e) Where the Sums Insured are greater than £25,000 and Alarm Condition has not been met a £2500 Excess applies in respect of theft and malicious damage losses under Section 1 – Hardware. In respect of all other losses, for Section 1 – Hardware and Section 2 –Reinstatement of Data and Section 3 – Increased Cost of Working the excess is £250. however the excess reduces to £1500 in respect of theft and malicious damage losses where an alarm system has been installed by Vacant Property Services Ltd or any other system as agreed to by the Insurer

(f) in respect of loss or damage resulting from fire lightning explosion aircraft or articles dropped there from the Excess shall be nil (g) where the only loss sustained by the Insured as a result of theft or attempted theft is loss of or damage to items

defined under Computer Equipment Definition (e) the Excess shall be nil (h) In respect of Breakdown, the Excess is £1000 excess with the exception of (i) Desktop Personal Computers (ii) Portable Computer Equipment (iii) Hardware where a Maintenance Agreement warranty or guarantee is in force on the item at the time of the loss or damage Where the standard policy excess applies. (i) if there is no Maintenance Agreement in force in respect of Hardware, cover for Section 3 - Increased Costs of Working will include breakdown but will exclude the first 48 hours

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In the event that the loss under Section 1 does not exceed the Breakdown Excess and the loss involves costs under other Sections of the policy other than Section 1 Hardware then the standard policy excess shall apply to those sections In the event that the loss under Section 1 resulting from Breakdown exceeds the Breakdown Excess then the higher Excess shall apply to the whole loss

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BASIS OF COVER - COMPUTER

Section 1 - Hardware

Where the Insured requests indemnity under Section 1- Hardware, cover is in respect of all premises declared by the Insured and stated in the individual Risk Schedule or in any Endorsement(s) used by the Insured for the purposes of the Business. Where cover is provided for the specific Insolvency Appointment under the Scheme, Section 1 – Hardware will be shown as insured in the individual Risk Schedule. Cover is in respect of Hardware as defined in the Master Schedule Endorsement as declared by the Insured and for the Limit of Liability declared by the Insured and shown on the Risk Schedule for the Basis of Settlement declared by the Insured and shown on the Risk Schedule up to a total Limit of Liability of £ 750,000 at any one Premises or in aggregate across all Premises or any one Accident or series of Accidents arising from one occurrence of loss or damage unless otherwise agreed and accepted by HSB. Any amounts shown in the Extensions shall be in excess of the Limit of Liability of £ 750,000. Where the Insured has yet to declare the Limit of Liability under Section 1 - Hardware or the Insured has declared the Limit of Liability under Section 1 - Hardware and the total Limit of Liability is in excess of £ 750,000 at any one Premises or in aggregate across all Premises, HSB shall only be liable up to £ 750,000 at any one Location or in aggregate across all Locations or any one Accident or series of Accidents arising from any occurrence of loss or damage unless otherwise agreed and accepted by HSB. Any amounts shown in the Extensions shall be in excess of the Limit of Liability of £ 750,000.

Section 2– Reinstatement of Data

Where the Insured requests indemnity under Section 2 – Reinstatement of Data, cover is in respect of all Premises declared by the Insured under Section 1 - Hardware Cover is in respect of the Limit of Liability as declared by the Insured and shown on the Risk Schedule up to a Limit of Liability of £ 50,000 at any one Premises or in aggregate across all Premises or any one Accident or series of Accidents arising from one occurrence of loss or damage unless otherwise agreed and accepted by HSB. Where the Insured has yet to declare the Limit of Liability under Section 2 – Reinstatement of Data or the Insured has declared the Limit of Liability under Section 2 – Reinstatement of Data and upon declaration the Limit of Liability declared is in excess of £ 50,000, HSB shall only be liable up to £ 50,000 at any one Premises or in aggregate across all Premises or any one Accident or series of Accidents arising from one occurrence of loss or damage unless otherwise agreed and accepted by HSB.

Section 3 – Increased Costs Of Working

Where the Insured requests indemnity under Section 3 – Increased Costs of Working section cover is in respect of all Premises declared by the Insured under Section 1 - Hardware. Cover is in respect of the Limit of Liability as declared by the Insured and shown on the individual Risk Schedule for the Indemnity Period declared by the Insured and shown on the individual Risk Schedule up to a Limit of Liability of £ 100,000 any one Accident or series of Accidents arising from any one occurrence of loss or damage unless otherwise agreed and accepted by HSB.

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Where the Insured has yet to declare the Limit of Liability under Section 3 - Increased Costs of Working section or the Insured has declared the Limit of Liability under Section 3 – Increased Costs of Working but where upon declaration the Limit of Liability declared is in excess of £ 100,000, HSB shall only be liable up to £ 100,000 at any one Premises or in aggregate across all Premises or any one Accident or series of Accidents arising from one occurrence of loss or damage unless otherwise agreed and accepted by HSB.

Section 4 – Virus Hacking and Denial of Service Attack

Where the Insured requests indemnity under Section 2 – Reinstatement of Data and/or Section 3 Increased Costs of Working cover in respect of Section 4 – Virus Hacking and Denial of Service Attacked is insured. Cover is in respect of the Limit of Liability declared by the insured up to a maximum limit of the aggregate of the Limits of Indemnity under Section 2 – Reinstatement of Data and/or Section 3 Increased Costs of Working or £50,000 (whichever Limit of Indemnity is the lower of these two figures) Where the Insured has yet to declare Limit of Liability under Section 4 – Virus Hacking and Denial of Service Attack the maximum Limit of Liability is £50,000. Where the Insured has declared the Limit of Liability but where upon declaration the Limit of Liability declared is in excess of £50,000HSB shall only be liable up to £ 50,000 any one Accident or series of Accidents arising from one occurrence of loss or damage unless otherwise agreed and accepted by HSB.

Terrorism attaching to Computer Policies

Where the Insured declares terrorism cover is required in respect of limits of liability covered under the Scheme for a specific Insolvency appointment, cover is subject to the premiums, conditions and wordings issued by HSB on a risk by risk basis.

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Engineering

HSB Master Policy Number: LBL 157878 Policy Wording Equipment Breakdown & Damage Insurance Policy Wording Reference STA-SUD-11032013 and STA-PLA-11032013 Where cover is provided for the specific Insolvency Appointment under the Scheme Engineering Policy, the Engineering Policy will be shown as insured on the individual Risk Schedule. The above policy wording is subject to the following Master Schedule Endorsements which apply to all Scheme Engineering policies unless amended by the individual Risk Schedule.

WISEN01 Master Schedule Endorsement Under Policy Wording STA-PLA-11032013 enclosing the general policy terms and conditions, the following is deleted General Conditions – Item 10 Alterations in Risk The sections How To Notify Us of Claims and Customer Service and Complaints Procedure are replaced with the following wordings

How to Notify us of Claims

Claims should be notified promptly to Willis Limited at the address shown in the Operating Manual for the

Insurance Facility for Insolvency Practitioners (the Manual).

Customer Service & Complaints Procedure

HSB is committed to the highest standards of customer service and aims to achieve customer satisfaction in all

cases. If you have any cause for complaint, therefore, you should let us know immediately.

If your complaint relates to your policy, in the first instance please contact Willis Ltd. The Manager Willis Insolvency Services Willis Ltd 40 St Paul’s Square Birmingham B3 1FQ Tel 0121 214 1717 Fax 0121 214 1610 If your complaint relates to a claim on your policy, please contact the department dealing with your claim. When you make contact please tell Willis the following information: Your policy and / or claim number, and the type of policy you hold The reason for your complaint Telephone contact is often the most effective way to resolve complaints quickly.

If the matter cannot be resolved simply with Willis Limited, you should contact us at the following address:-

Group Operations Manager

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HSB Engineering Insurance Ltd

Chancery Place, 50 Brown Street Manchester, M2 2JT

Tel 0845 345 5510

Fax 0845 345 5610

We shall always acknowledge your complaint within 5 business days and do our best to resolve it within four

weeks. If the matter remains unresolved at the end of eight weeks, or you are unhappy with our response, you

may, if you are a small business, have recourse to the Financial Ombudsman Service, or other dispute resolution

service.

Your right to take legal proceedings is not affected by this complaints procedure.

Under Policy Wording STA-SUD-11032013 Equipment Breakdown and Damage Insurance Specification the following amendments are made The following amendments are made to Special Definitions The following wording is added Willis/Your Broker means Willis Limited Fuel Tanks Tanks or similar containers designed and used to store oil and other fossil fuels or liquid propane gas The following wording is added to Definition - Insured Property

(i) plant machinery pipes or cables situated underground Additional Cover is amended to include the following 11. Fuel Storage Tanks Loss of Contents Where Fuel Tanks are specified on the Risk Schedule the Company will subject to the Limit of Indemnity for this Extension indemnify The Insured against

a) loss or damage to contents stored therein caused by damage which would or would but for the excess be insured under Specification SUD

b) the cost incurred by the insured in cleaning up the spilled or leaked contents from fuel tanks insured by this policy.

This endorsement does not cover loss due to 1. subsidence or other ground movement or displacement 2. seepage evaporation or any normal trade loss 3. solidification (howsoever caused) Limit of Indemnity: Item a) £50,000 per tank and £250,000 in the aggregate Item b) £50,000 12. Tank Damage Extension

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Where Fuel Tanks are specified in the Risk Schedule the indemnity provided under Specification SUD is extended to include:-

(i) Cleaning and mopping up costs resulting from insured damage (ii) Damage to Own Surrounding Property as detailed under Additional Cover OSP attaching to

Specification SUD

This endorsement does not cover loss due to:-

(i) Solidification of the contents of the Insured Property (ii) Damage to any non-metallic linings unless such damage arises out of an accident causing more overall

damage for which The Company is responsible under this Specification to other parts of the Machinery (see Special Definitions of Specification SUD for Definition of Machinery)

(iii) Pollution or contamination of any nature Limit of Indemnity: £250,000

13. Damage to goods being lifted The Company will subject to the Limit of Indemnity for this Extension indemnify The Insured against accidental direct damage to property owned by or leased to or in the custody or control of The Insured whilst being handled by the Insured Property and arising out of its normal use This Extension does not cover damage resulting from a fault in or fragility of the property being lifted or its container Limit of Indemnity £5,000 The excess to be applied in the event of a claims shall be:

1. £1,000 or 2. 10% of the loss or 3. The policy excess

whichever is the greater. 14. Own Surrounding Property Extension Cover Clause The Company will subject to the Limit of Indemnity for this Extension indemnify The Insured against damage to property owned by or leased to The Insured and for which The Insured is responsible

a) directly resulting from Explosion of Pressure Plant b) directly resulting from any damage to the Insured Property insured under this Specification c) caused by impact through the normal operation of lifting and handling Insured Property though the

Insured Property itself may not be damaged This Extension does not cover damage

(i) to the Insured Property causing the damage or any Insured Property directly driving or driven by the Insured Property

(ii) to property being handled conveyed heated cooled or processed by or contained in the Insured Property

(iii) caused by leakage or by lack of heat cooling light power or steam excepting that (ii) and (iii) above shall not apply to damage directly consequent upon and solely due to Explosion Limit of Indemnity £2,000,000

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The policy excess shall apply in the event of a claim All other terms and conditions remain unaltered Excess Sudden & Unforseen Damage, Breakdown, Explosion , Collapse, Accidental Damage and damage to Own Surrounding Property the first £250 of each and every claim Damage to Fuel Tanks the first £250 of each and every claim The first 48 hours immediately following the occurrence under the increase costs extension

Equipment Breakdown and Damage

Where the Insured requests indemnity for Sudden & Unforeseen Damage Section, cover is in respect of all plant and machinery (or as more specifically described in the individual Risk Schedule) owned by or leased to the Insured at the Location and ready for use in connection with the Business declared by the Insured and stated in the individual Risk Schedule or in any Endorsement(s). Where cover is provided for the specific Insolvency Appointment under the scheme, the Equipment Breakdown and Damage section will be shown as insured in the individual Risk Schedule. Cover is in respect of the Limit of Liability declared by the Insured and shown on the Risk Schedule up to a maximum Limit of Liability of 500,000 for any one accident or series of accidents arising from one occurrence of loss or damage unless otherwise agreed and accepted by HSB. Where the Insured has yet to declare the Limit of Liability for Equipment Breakdown and Damage or the Insured has declared the Limit of Liability for Equipment Breakdown and Damage and the Limit of Liability is in excess of £500,000, HSB shall only be liable up to £ 500,000 any one accident or series of accidents arising from one occurrence of loss or damage unless otherwise agreed and accepted by HSB.

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Engineering Inspection

HSB Master Policy Number: LBL157878 Contract Wording Contract for Thorough Examination/Inspection of Plant Policy Wording Reference STA-INS-12092011 Where cover is provided for the specific Insolvency Appointment under the Scheme Engineering Inspection Contract, the Engineering Inspection Contract will be shown as Contract in Force on the individual Risk Schedule.

The service contract is in respect of inspections required under Statute or additional inspections requested by the Insured during the Contract Period at the Sites declared by the Insured. Where a written scheme of examination is required to carry out the inspection but the document is not made available for the inspection, HSB will provide a written scheme of examination for an additional charge.

Deterioration of Stock

HSB Master Policy Number: LBL 159285 Policy Wording: Deterioration of Stock Insurance

Policy Wording Reference: STA-DOS-11032013 and STA-PLA-11032013 Where cover is provided for the specific Insolvency Appointment under the Scheme Deterioration of Stock Policy, the Deterioration of Stock Policy will be shown as insured in the individual Risk Schedule. The above policy wording is subject to the following Master Schedule Endorsement which applies to all Scheme Deterioration of Stock policies unless amended by an individual Risk Schedule. WISDOS01 – Master Schedule Endorsement Under Policy Wording STA-PLA-11032013 enclosing the general policy terms and conditions, item 10 Alterations in Risk is restated as follows Alterations in Risk 10. The Insurance under this Policy may be avoided if

(a) any alterations are made either to the business as stated in the schedule or in the premises or property whereby the risk of loss or damage is increased

(b) any loss minimising factors in existence at the commencement of the insurance are reduced

discontinued or not maintained

unless its continuance be accepted by The Company and the Policy endorsed accordingly Excess The first 5% of each and every Accident subject to a minimum deductible of £500 each and every Accident The sections How To Notify Us of Claims and Customer Service and Complaints Procedure are replaced with the following wordings

How to Notify us of Claims

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Claims should be notified promptly to Willis Limited at the address shown in the Operating Manual for the

Insurance Facility for Insolvency Practitioners (the Manual).

Customer Service & Complaints Procedure

HSB is committed to the highest standards of customer service and aims to achieve customer satisfaction in all

cases. If you have any cause for complaint, therefore, you should let us know immediately.

If your complaint relates to your policy, in the first instance please contact Willis Ltd. The Manager Willis Insolvency Services Willis Ltd 40 St Paul’s Square Birmingham B3 0121 214 1717 Fax 0121 214 1610 If your complaint relates to a claim on your policy, please contact the department dealing with your claim. When you make contact please tell Willis the following information: Your policy and / or claim number, and the type of policy you hold The reason for your complaint Telephone contact is often the most effective way to resolve complaints quickly.

If the matter cannot be resolved simply with Willis Limited, you should contact us at the following address:-

Group Operations Manager

HSB Engineering Insurance Ltd

Chancery Place, 50 Brown Street Manchester, M2 2JT

Tel 0845 345 5510

Fax 0845 345 5610

We shall always acknowledge your complaint within 5 business days and do our best to resolve it within four

weeks. If the matter remains unresolved at the end of eight weeks, or you are unhappy with our response, you

may, if you are a small business, have recourse to the Financial Ombudsman Service, or other dispute resolution

service.

Your right to take legal proceedings is not affected by this complaints procedure.

Under Policy Wording STA-DOS-11032013 the following is added Special Condition 1. The Insured shall take daily temperature readings of all items in the Schedule and shall log the same for

production if requested Where items are not the property of The Insured The Insured shall obtain written confirmation from the owners that temperature readings are undertaken and logged and ensure the log is made available to The Company if so requested

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All other terms and conditions remain unaltered

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BASIS OF COVER – DETERIORATION OF STOCK

Where the Insured requests indemnity under the Deterioration of Stock Policy, cover is in respect of stock in any cold chamber specified in the Risk Schedule or in any Endorsement(s) in consequence of an Accident or which are at The Situation and would have been placed in the normal course of business in the declared cold chamber(s) but for the Accident as declared by the Insured and stated in the individual Risk Schedule. Cover is in respect of the Limit(s) of Indemnity declared by the Insured and shown on the Risk Schedule up to the maximum Limits of Indemnity shown in the table below for any one Accident or series of Accidents arising from one occurrence of loss or damage unless otherwise agreed and accepted by HSB. Any amounts shown in the Extensions shall be in excess of the Limits of Indemnity shown below.

Description

Maximum Limit of Indemnity

Public Cold Stores Up to £ 500,000

Any one Accident or series of Accidents arising from one occurrence of loss or damage

Private Cold Stores Up to £ 50,000

Refrigerated Vehicles (per vehicle limit)

Up to 10,000

Other Equipment (Chilled Goods) Up to 5,000

Where the Insured has yet to declare the Limit(s) of Liability under the Deterioration of Stock Policy or the Insured has declared the Limit(s) of Liability under the Deterioration of Stock Policy and the Limit(s) of Liability are in excess of those shown in the table above, HSB shall only be liable up to the Limit(s) of Liability shown above unless otherwise agreed and accepted by HSB.

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Machinery Movement

HSB Master Policy Number: LBL 159286 Policy Wording Machinery Movement Insurance Policy Wording Reference STA-MMI-211032013 and STA-PLA-11032013 Where cover is provided for the specific Insolvency Appointment under the Scheme Machinery Movement Policy, the Machinery Movement Policy will be shown as insured on the individual Risk Schedule. The above policy wording is subject to the following Master Schedule Endorsement which applies to all Scheme Machinery Movement policies unless amended by an individual Risk Schedule. WISMM01 – Master Schedule Endorsement Under Policy Wording STA-PLA-11032013 enclosing the general policy terms and conditions, item 10 Alterations in Risk is restated as follows Alterations in Risk 10. The Insurance under this Policy may be avoided if

(a) any alterations are made either to the business as stated in the schedule or in the premises or property whereby the risk of loss or damage is increased

(b) any loss minimising factors in existence at the commencement of the insurance are reduced

discontinued or not maintained

unless its continuance be accepted by The Company and the Policy endorsed accordingly Excess The first 5% of each and every loss subject to a minimum of £500 The sections How To Notify Us of Claims and Customer Service and Complaints Procedure are replaced with the following wordings

How to Notify us of Claims

Claims should be notified promptly to Willis Limited at the address shown in the Operating Manual for the

Insurance Facility for Insolvency Practitioners (the Manual).

Customer Service & Complaints Procedure

HSB is committed to the highest standards of customer service and aims to achieve customer satisfaction in all

cases. If you have any cause for complaint, therefore, you should let us know immediately.

If your complaint relates to your policy, in the first instance please contact Willis Ltd. The Manager Willis Insolvency Services Willis Ltd 40 St Paul’s Square Birmingham B3 1FQ Tel 0121 214 1717 Fax 0121 214 1610

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If your complaint relates to a claim on your policy, please contact the department dealing with your claim. When you make contact please tell Willis the following information: Your policy and / or claim number, and the type of policy you hold The reason for your complaint Telephone contact is often the most effective way to resolve complaints quickly.

If the matter cannot be resolved simply with Willis Limited, you should contact us at the following address:-

Group Operationsl Manager

HSB Engineering Insurance Ltd

Chancery Place, 50 Brown Street Manchester, M2 2JT

Tel 0845 345 5510

Fax 0845 345 5610

We shall always acknowledge your complaint within 5 business days and do our best to resolve it within four

weeks. If the matter remains unresolved at the end of eight weeks, or you are unhappy with our response, you

may, if you are a small business, have recourse to the Financial Ombudsman Service, or other dispute resolution

service.

Your right to take legal proceedings is not affected by this complaints procedure.

All other terms and conditions remain unaltered

BASIS OF COVER –MACHINERY MOVEMENT

Where the Insured requests indemnity under the Machinery Movement Policy, cover is in respect of all Insured Property declared by the Insured and stated in the individual Risk Schedule or in any Endorsement(s). Cover is in respect of the Limit of Indemnity declared by the Insured and shown on the Risk Schedule up to a maximum Limit of Indemnity of £ 750,000 for any one Operation unless otherwise agreed and accepted by HSB. Any amounts shown in the Extensions shall be in excess of the Limit of Liability for Machinery Movement. Where the Insured has yet to declare the Limit of Indemnity under the Machinery Movement Policy or the Insured has declared the Limit of Indemnity and the Limit of Indemnity is in excess of £ 750,000, HSB shall only be liable up to £ 750,000 any one Operation unless otherwise agreed and accepted by HSB.

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Willis Limited is remunerated through brokerage received from HSB. The brokerage amounts as a percentage of the premium are

ENGINEERING INSPECTION Service Contract 22.0

GOODS IN COLD STORAGE Goods In Cold Storage 27.5

Terrorism 10.0

ENGINEERING

Sudden and Unforeseen Damage 27.5

Own Surrounding Property

Terrorism 10.0

MACHINERY MOVEMENT Machinery Movement 27.5

Terrorism 10.0

COMPUTERS

Material Damage

27.5 Computer Media

Additional Expenditure

Terrorism 10.0

BINDING AUTHORITY Please note that the Scheme is arranged through a binding authority, which provides Willis with delegated authority to underwrite, prepare, sign and issue policy documentation on behalf of insurers. This enables Willis to improve the service to you in delivering your insurance policy. Further, in performing this function for insurers, we act as their agent and for the other services we provide them. This is a specially agreed insurance arrangement exclusive to Willis. Should you appoint another broker during the currency of the policy they will not have access to this Scheme and therefore they will need to contact Willis to discuss the arrangements should you require this cover to continue until its natural expiry. CANCELLATION Willis may cancel this Master Schedule by giving the Master Policy holder thirty (30) calendar days notice in writing at their last known address. Where a specific Insolvency Practitioner appointment has been made under the Scheme prior to cancellation of the Master Schedule, cover will continue in accordance with the limits, terms, conditions or endorsements on an individual Risk Schedule issued by Willis in respect of a specific Insolvency Practitioner appointment until its expiry unless specifically cancelled in accordance with the cancellation terms for the specific Insolvency Practitioner appointment within the Policy wording.

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PAYMENT TERMS All premiums should be settled as soon as possible upon receipt of an invoice.

By Willis Limited for and on behalf of HSB Engineering Insurance Limited Willis Limited HSB Engineering Insurance Limited & 51 Lime Street HSB Engineering Insurance Services

Limited Registered Address London New London House EC3M 7DQ 6 London Street London EC3R 7LP Willis Limited is a Lloyds Broker, authorised and regulated by the Financial Conduct Authority. 181116 England and Wales

HSB Engineering Insurance Limited, registered in England and Wales: 02396114 and registered as a branch in Ireland: 906020. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority HSB Engineering Insurance Services Limited, registered in England and Wales: 03010292 and registered as a branch in Ireland: 906105. HSB Engineering Insurance Services Limited is an Appointed Representative of HSB Engineering Insurance Limited.

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HSB Engineering Insurance Limited

HSB Engineering Insurance Limited, registered in England and Wales 02396114, New London House, 6 London Street, London EC3R 7LP.

Registered as a branch in Ireland: 906010. HSB Engineering Insurance Limited is authorised and regulated by the Financial Services Authority.

PLATFORM ENGINEERING INSURANCE POLICY

In consideration of the premium specified in The Schedule and subject to the terms Conditions and Exclusions of this Policy

HSB Engineering Insurance Limited ("The Company") agree to indemnify the Insured named in The Schedule (referred to

herein as “The Insured”) against loss or damage as specified in this Policy

The Contract will be subject to English Law and subject to the exclusive jurisdiction of the English courts unless The Insured is

domiciled in Scotland in which event Scottish Law shall apply and the Courts of Scotland shall have exclusive jurisdiction

This Document and any Specifications Schedules Memoranda Cover Clauses or Endorsements are to be read together and

form the Policy

Please read this Policy in its entirety to ensure that it satisfies all your Insurance needs

In witness whereof this Policy has been signed for and on behalf of The Company

Stephanie Watkins Tim James

Chief Executive Officer & Managing Director Company Secretary & Group Sales Manager

For and on behalf of

HSB Engineering Insurance Limited

New London House

6 London Street

London

EC3R 7LP

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HSB Engineering Insurance Limited

Page 2 of 9 STA-PLA-11032013

ADDITIONAL COVER APPLYING TO ALL SPECIFICATIONS

DEBRIS REMOVAL

1. In respect of each claim for loss or damage for which liability is accepted the cover provided by this Policy extends to

include costs incurred in the removal of debris and protection of the Insured Property following indemnifiable damage not

exceeding £25,000 or 20% of the indemnifiable loss or damage whichever is the lower

LOSS AVOIDANCE MEASURES

2. Subject to the Limit(s) of Indemnity The Company will pay reasonable costs incurred in taking exceptional measures to

prevent or mitigate impending loss or damage for which indemnity is provided by this Policy

Provided that

(a) loss or damage would reasonably be expected if such measures were not implemented

(b) The Company are satisfied that loss or damage has been avoided or mitigated by means of the exceptional

measures

(c) the amount payable will be limited to the cost of loss or damage which would have otherwise occurred

(d) the terms Conditions and Exclusions of this Policy apply as if loss or damage had occurred

AUTOMATIC REINSTATEMENT

3. Sums Insured or Limits of Indemnity will be reinstated from the date of occurrence of any claim subject to an additional

premium

The Company will waive the additional premium if the cost of the claim does not exceed £25,000

EXPEDITING COSTS

4. The Company will pay costs necessarily and reasonably incurred in making temporary repairs upon and / or expediting the

repair reinstatement or replacement of Insured Property as a result of indemnifiable loss or damage provided that the

liability of The Company shall not exceed 50% of the cost of such loss or damage or £50,000 whichever is the lower

REPAIR COSTS INVESTIGATION

5. With their prior written agreement The Company will pay costs relating to repair investigations and tests following

indemnifiable damage to Insured Property by consulting engineers not exceeding £25,000 in any one Period of Insurance

The Company shall not be liable under this Additional Cover for fees incurred in preparing a claim under this Policy

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HSB Engineering Insurance Limited

Page 3 of 9 STA-PLA-11032013

GENERAL DEFINITIONS

LIMIT OF INDEMNITY

The liability of The Company in respect of any one loss or series of losses arising out of any one occurrence shall not exceed

the amount specified in The Schedule as the Limit of Indemnity or Sum Insured

EXCESS

The amount of a claim not payable by The Company and which shall be deducted after calculation of the amount payable under

a claim and unless endorsed otherwise will apply separately in respect of individual Specifications

INSURED PROPERTY

Wherever the term Insured Property is used in this Policy it shall mean only that property insured by this policy and described in

The Schedule

GENERAL CONDITIONS

MISREPRESENTATION

1. This Policy shall be voidable in the event of misrepresentation misdescription or non disclosure of any material fact

FRAUD

2. Presentation of any fraudulent claim or use of any fraudulent means to obtain benefit under this Policy by either The

Insured or any person acting on their behalf with the knowledge of The Insured will result in the Policy being voidable

CLAIMS NOTIFICATION AND REQUIREMENTS

3. In the event of any occurrence giving rise or likely to give rise to a claim The Insured or his representative shall

(a) as soon as practicable notify The Company giving full particulars and information and notify the Police in the event of

loss where The Insured has reason to believe a criminal offence has been committed

(b) take all reasonable action to prevent or minimise the loss and prevent further loss or damage

The Company shall not be liable for any further damage resulting from the continued use of the Insured Property until

repaired to the satisfaction of The Company

(c) retain any damaged property or parts

(d) when required to do so but in any event no later than 30 days after the expiry of any Indemnity Period deliver to The

Company a statement in writing of all particulars and details relating to the incident and other evidence as may be

required

No claim shall be paid until The Insured has complied with this Condition

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HSB Engineering Insurance Limited

Page 4 of 9 STA-PLA-11032013

CLAIMS SETTLEMENT

4. (a) The Company may at its option repair reinstate replace or pay in money for any loss or damage covered by this

Policy

The amount stated as the Excess or the loss sustained by the Insured during any Time Exclusion shown in a

relevant Schedule will be deducted from the settlement and borne by The Insured

(b) Without prejudice to liability The Insured may proceed with minor repairs subject to compliance with General

Condition 3

(c) The Company shall be entitled to take over defend or settle any claim in the name of The Insured

(d) to the extent that The Insured is accountable to the tax authorities for Value Added Tax all claims settlements shall

be exclusive of such tax

PAYMENTS ON ACCOUNT

5. Notwithstanding General Condition 3 where liability is accepted The Insured shall be entitled to receive interim payments

as agreed between The Insured and The Company

OTHER INSURANCE

6. This insurance does not cover any loss or damage which is insured by or would but for the existence of this Policy be

insured by any other policy or policies except in respect of any excess beyond the amount which would have been

payable under such policy or policies had this insurance not been effected

AVERAGE

7. If any item of Insured Property has an individual Sum Insured set against it and at the time of any loss or damage to the

item its value exceeds that Sum Insured then The Insured shall be considered his own insurer for the difference and shall

bear a rateable proportion of the loss or damage accordingly

PRECAUTIONS

8. The Insured shall exercise due diligence in

(a) complying with any statute or order

(b) ensuring that Insured Property is maintained and used in accordance with manufacturers recommendations and in

taking reasonable precautions to prevent loss or damage

ACCESS

9. The Company or its representatives shall have the right of access to the Insured Property at reasonable times

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HSB Engineering Insurance Limited

Page 5 of 9 STA-PLA-11032013

ALTERATIONS IN RISK

10. The Insurance under this Policy may be avoided if

(a) (i) The Insured becomes the subject of voluntary or involuntary rehabilitation proceedings or

(ii) becomes the subject of an action in bankruptcy or makes or

(iii) proposes any arrangement with their creditors which acknowledges their insolvency

(b) The Insured's interest ceases other than by death

(c) any alterations are made either in the business of The Insured or in the premises or property whereby the risk of loss

or damage is increased

(d) any loss minimising factors in existence at the commencement of the insurance are reduced discontinued or not maintained

unless its continuance be accepted by The Company and the Policy endorsed accordingly

SUBROGATION

11. The Company may at its expense use all legal means in the name of The lnsured to secure reimbursement for loss or

damage and The Insured shall give all reasonable assistance for that purpose

SUSPENSION OF COVER

12. The Company reserves the right to suspend this insurance at any time by written notice to The Insured’s last known

address until The Company’s requirements have been fulfilled

CANCELLATION

13. The Company may cancel this insurance by written notice to The lnsured's last known address giving ten days notice

In such event provided that the premium has been paid in full The Insured shall become entitled to the return of the

proportion of the premium corresponding to the unexpired Period of Insurance

ARBITRATION

14. If any difference arises as to the amount to be paid under this Policy (liability having been accepted) the difference shall be

referred to an arbitrator to be appointed by both parties in accordance with the statutory provisions applicable

The making of an award against The Company shall be a condition precedent to any right of action against it

ABANDONMENT

15. The Insured shall not be entitled to abandon any Insured Property to The Company whether or not taken possession of by

it

OBSERVANCE

16. The observance and fulfilment of the terms and Conditions of this Policy or Endorsements shall be conditions precedent to

liability

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HSB Engineering Insurance Limited

Page 6 of 9 STA-PLA-11032013

GENERAL EXCLUSIONS

Other than as specifically provided for elsewhere within this Policy The Company shall not be liable for

INTENTIONAL ACTS

1. Loss or damage caused by or arising out of

(a) any intentional act or wilful omission of The Insured (other than an act or omission the purpose of which is an

exceptional measure to prevent injury loss or damage) which having regard to the nature and circumstances of the

act or omission could reasonably be expected to cause contribute to or exacerbate any loss or damage

(b) (i) intentional overloading

(ii) testing or experiments involving the imposition of any abnormal conditions

WEAR AND TEAR

2. Loss or damage caused directly by

(a) wear and tear gradual deterioration or rust

(b) gradually developing defects

(c) scratching or chipping of painted or polished surfaces

(d) erosion or corrosion

but this shall not exclude resultant loss or damage not otherwise excluded

APPLICATION OF TOOLS

3. Loss or damage caused by or arising out of the direct application of any tool or process during the course of repair

maintenance inspection modification or overhaul

GUARANTEES OF PERFORMANCE

4. Liquidated damages penalties for delay or detention or in connection with guarantees of performance or efficiency

WAR RISKS

5. Any loss or damage directly or indirectly caused by or in consequence of war invasion acts of foreign enemies hostilities

(whether war be declared or not) civil war rebellion revolution insurrection military or usurped power or confiscation or

nationalisation or requisition or destruction of or damage to Insured Property by or under the order of any government or

public or local authority

TERRORIST ACTS

6. (a) Any consequence of civil commotion assuming the proportion of or amounting to a popular rising martial law or the

act of any lawfully constituted authority

(b) Loss or damage caused by or happening through or in consequence directly or indirectly of TERRORISM

(c) Loss or damage directly or indirectly caused by resulting from or in connection with any action taken in controlling

preventing suppressing or in any way relating to any act of TERRORISM

(d) Loss or damage in Northern Ireland occasioned by or happening through or in consequence directly or indirectly of

riot strike civil commotion locked out workers or persons taking part in labour disturbances

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For the purposes of this Policy TERRORISM shall mean any act of any person or group of persons acting alone or on

behalf of or in connection with any organisation or government with activities directed towards the overthrowing or

influencing of any government force or violence and / or putting the public or any section of the public in fear

In any action suit or other proceedings where The Company allege that by reason of this Definition any loss or damage is

not covered by this Policy (or is covered only up to a specified Limit of Indemnity) the burden of proving that such loss or

damage is covered (or is covered beyond that Limit of Indemnity) shall be upon The Insured

RIOT AND CIVIL COMMOTION

7. Loss or damage occurring at the premises of The Insured caused by or arising from riot strike lock-out or civil commotion

NUCLEAR RISKS

8. Loss destruction or damage to Insured Property or expense or consequential loss nor any legal liability caused by or

arising from

(a) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the

combustion of nuclear fuel

(b) the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear

component

SONIC BANG

9. Loss or damage directly caused by the pressure waves of aircraft or other aerial devices travelling at sonic or supersonic

speeds

AIRBORNE AND WATERBORNE CRAFT

10. Loss of or damage to airborne or waterborne vessels craft platforms or rigs or any Insured Property situated thereon or

being loaded onto or offloaded therefrom

ELECTRONIC RISKS EXCLUSION

11. (a) loss or damage to any computer or other equipment or component or system or item which processes stores

transmits retrieves or receives data or any part thereof whether tangible or intangible (including but without limitation

any information or programs or software) and whether the property of The Insured or not where such damage is

caused by Virus or Similar Mechanism or Hacking or Denial of Service Attack

(b) Consequential loss directly or indirectly caused by or arising from Virus or Similar Mechanism or Hacking or Denial

of Service Attack

Virus or Similar Mechanism shall mean any program code programming instruction or any set of instructions intentionally

constructed with the ability to damage interfere with or otherwise adversely affect computer programs data files or

operations whether involving self-replication or not

The definition of Virus or Similar Mechanism includes but is not limited to Trojan horses worms and logic bombs

Hacking shall mean unauthorised access to any computer or other equipment or component or system or item which

processes stores transmits retrieves or receives data whether it be the property of The Insured or not

Denial of Service Attack shall mean any actions or instructions constructed or generated with the ability to damage

interfere with or otherwise affect the availability of networks network services network connectivity or information systems

Denial of Service Attacks include but are not limited to the generation of excess traffic into network addresses the

exploitation of system or network weaknesses and the generation of excess or non-genuine traffic between and amongst

networks

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POLLUTION OR CONTAMINATION

12. Loss or Damage caused by or arising from pollution or contamination

This exclusion shall not apply to cost arising from pollution or contamination of Insured Property caused directly by an

occurrence which is insured by this Policy provided that the liability of The Company shall be limited to a maximum of

£50,000 in respect of pollution or contamination

EXCESS

13. The amount(s) specified as the Excess(es) as detailed in Schedules attaching to this Policy

DATE RECOGNITION LOSSES

14. Loss damage expense or liability directly or indirectly caused by or connected with performance or function of any computerised or non-computerised equipment or component (whether or not owned by The Insured) or production services (whether or not provided by The Insured) being affected by any failure malfunction or inadequacy to

(a) Correctly recognise register or establish any date as its true calendar date

(b) Capture save or retain or correctly manipulate interpret or process any data or information or command or instruction as a result of treating any date otherwise than its true calendar date

(c) Capture save retain or correctly processes any date as a result of the operation of any command which has been programmed into any computer software being a command which causes the loss of data or the inability to capture save retain or correctly process such data as a result of treating any date otherwise than its true calendar date

This Policy does not insure the expense of any advice consultation design evaluation inspection installation maintenance

repair replacement or supervision done by or for The Insured to determine rectify or test any potential or actual failure or

inadequacy described above including the expense of carrying out The Year 2000 Project Process in accordance with the

British Standard Institute PD 2000-2: Managing Year 2000 Conformity or other similar internationally recognised process

whether or not agreed in writing by The Company

However this Policy does not exclude ensuing loss damage expense or liability arising from critical applications as

identified by carrying out The Year 2000 Project Process in accordance with the British Standard Institute PD 2000-2:

Managing Year 2000 Conformity or other similar internationally recognised process agreed in writing by The Company

provided such loss damage expense or liability is not otherwise excluded and provided such loss or damage is to property

owned by The Insured and not otherwise excluded above

It is a Condition precedent to any Liability under this Policy that The Insured has carried out The Year 2000 Project

Process in accordance with the British Standard Institute PD 2000-2: Managing Year 2000 Conformity or other similar

internationally recognised process agreed in writing by The Company

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HOW TO NOTIFY US OF CLAIMS

Claims should be notified promptly to your Broker or Intermediary. If you do not have a Broker or Intermediary, please contact

us directly at the following address:-

The Claims Manager

HSB Engineering Insurance Ltd

Chancery Place

50 Brown Street

Manchester

M2 2JT

Telephone: +44 (0) 161 817 2114

Fax: +44 (0) 161 817 2119

E Mail: [email protected]

CUSTOMER SERVICE AND COMPLAINT RESOLUTION

We are committed to providing the highest standards of customer service and aim to achieve fair treatment and customer

satisfaction in all cases. If you have any cause for complaint, therefore, we want to know about it as soon as possible.

You should initially contact the person who arranged the policy for you, to see if they can resolve matters. Alternatively you may

contact us directly at the following address:-

The Group Operations Manager

HSB Engineering Insurance Ltd

Chancery Place

50 Brown Street

Manchester

M2 2JT

Telephone: +44 (0) 845 345 5510

Fax: +44 (0) 845 345 5610

E.Mail: [email protected]

We will always acknowledge your complaint within 5 business days and do our best to resolve it within four weeks. If the matter

remains unresolved at the end of eight weeks, or you are unhappy with our final response, you may have recourse to the

Financial Ombudsman Service or other independent dispute resolution services.

When we acknowledge your complaint we will send you a summary of our complaints handling procedure. This document is

also available to all customers, on request.

If you make a complaint, your right to take legal action against us is not affected by this procedure.

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HSB Engineering Insurance Limited

HSB Engineering Insurance Limited, registered in England and Wales 02396114, New London House, 6 London Street, London EC3R 7LP.

Registered as a branch in Ireland: 906010. HSB Engineering Insurance Limited is authorised and regulated by the Financial Services Authority.

COMPUTER INSURANCE POLICY – SPECIFICATION COM

COVER

SECTION 1 - HARDWARE

The Company will indemnify the Insured against loss of or damage to the Hardware described in the Schedule in consequence

of an Accident whilst at the Premises specified in the Schedule

Subject to the terms Conditions and Exclusions of this Policy

SECTION 2 - REINSTATEMENT OF DATA

The Company will indemnify the Insured against the cost of reinstating data lost or damaged in consequence of an Accident

Provided that

(a) the liability of the Company is limited solely to the cost of reinstating data

(b) the liability of the Company shall not exceed the Sum Insured specified in the Schedule against Section 2 - Reinstatement

of Data

(c) the Company shall not be liable for loss of or damage to software insured under Section 1 - Hardware

(d) the Company shall not be liable under this Section for that which is more specifically insured under Section 3 - Increased

Costs of Working

(e) the Company shall not be liable for losses discovered later than six months after the loss was initiated

Subject to the terms Conditions and Exclusions of this Policy

SECTION 3 - INCREASED COSTS OF WORKING

In the event that the business of the Insured at the Premises specified in the Schedule is interrupted or interfered with in

consequence of an Accident occurring during the Period of Insurance the Company will pay the Insured their increased costs

of working necessarily and reasonably incurred during the Indemnity Period in minimising or preventing the resulting

interruption or interference with the computer operations of the business excluding costs more specifically insured under

Section 2 - Reinstatement of Data

Provided that the total liability of the Company during the Indemnity Period shall not exceed the amount specified in the

Schedule as the Sum Insured against Section 3 - Increased Costs of Working

Subject to the terms Conditions and Exclusions of this Policy

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SECTION 4 – VIRUS HACKING AND DENIAL OF SERVICE ATTACK

Notwithstanding the Electronic Risks Exclusion of the Policy the Company will indemnify the Insured against

(a) direct physical loss or damage to Hardware insured under Section 1

(b) costs incurred in Reinstatement of Data insured under Section 2

(c) Increased Costs of Working insured under Section 3

resulting from

(i) Virus or Similar Mechanism

(ii) Hacking

(iii) Denial of Service Attack

Provided that the respective section is insured and shown as such within the Schedule

The total liability under this Section shall not exceed the lesser of

(a) the amount specified in the Schedule against Section 4 – Virus Hacking and Denial of Service Attack

or

(b) the aggregate of the Sums Insured in respect of Section 2 Reinstatement of Data and Section 3 Increased Costs of

Working

in respect of any one loss or series of losses arising from any one occurrence

The Company shall not be liable under this Section for costs more specifically insured under Additional Cover 2 Virus Seek and

Destroy Costs

It is a Condition of cover under this Section that

(a) the Insured Property is protected by a commercially recognised Virus defence package which is

(i) registered to the Insured

(ii) updated at intervals no greater than every 7 days

(b) the Insured Property is protected by a suitable Firewall which is regularly maintained and in full and effective operation at

the time of a loss

Subject to the terms Conditions and Exclusions of the Policy

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DEFINITIONS APPLYING TO ALL SECTIONS

HARDWARE

Hardware shall mean

Computer Equipment and Portable Computer Equipment insured under Section 1 of this Policy

COMPUTER EQUIPMENT

Computer Equipment shall mean

(a) All electronic equipment used for the storage and communication of electronically processed data including peripheral

devices interconnecting wiring fixed disks telecommunications equipment computerised telephone systems electronic

access equipment and Electronic Point of Sale Systems

Computer Equipment shall not include

(i) Computer Equipment controlling manufacturing processes

(ii) Computer Equipment manufactured for sale or held as stock for sale

(iii) Portable Computer Equipment

(iv) Facsimile or photocopying machines not used for the storage and communication of electronically processed data

unless otherwise specified in the Schedule

(b) Ancillary equipment solely for use with the Hardware comprising air conditioning equipment generating equipment voltage

regulating equipment temperature and humidity recording equipment electronic access equipment heat and smoke

detection equipment gas flooding cylinders and pipework and computer room partitioning

(c) Data Carrying Materials

(d) All current and backup computer software and programs held on hard disks or Data Carrying Materials unless specifically

described otherwise in the Schedule

(e) Lock down plates security enclosures security cables and other similar devices

owned by or on deferred purchase leased hired or rented to the Insured or whilst on trial with a view to purchase by the Insured

DESKTOP PERSONAL COMPUTERS

Desktop Personal Computers shall mean Computer Equipment to be used by individual users comprising the central

processing unit monitor keyboard and mouse

Desktop Personal Computers shall not include printers scanners servers any computer acting as a network hub centralised

data storage devices facsimile machines photocopying machines Portable Computer Equipment or any peripheral devices

used by multiple users which are accessed via a computer network

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PORTABLE COMPUTER EQUIPMENT

Portable Computer Equipment shall mean

(a) Laptops Palmtops and Notebooks

(b) Personal Digital Assistants (PDAs)

(c) Projectors printers and other peripheral devices which are designed to be carried and used in conjunction with other

Portable Computer Equipment

(d) Removable satellite navigation systems

(e) Digital Cameras

unless otherwise specified in the Schedule

ACCIDENT

Accident shall mean

(a) loss of or damage including Breakdown or derangement to Hardware insured under Section 1 - Hardware from any

cause not excluded

(b) Loss or corruption of data insured under Section 2 - Reinstatement of Data

(c) Failure or fluctuation of the public supply of electricity to the Hardware at any Premises specified in the Schedule

(d) Accidental failure of any data transmission network used in connection with the Hardware

provided that

(i) any equipment used by the Insured in connection with the data transmission network shall have been accepted by

the transmission authority as properly installed and compatible with the network

(ii) the Company shall not be liable for loss resulting from accidental failure of any data transmission network where the

length of time of such failure does not exceed 4 hours

(iii) the Company shall not be liable for loss resulting from such accidental failure due to atmospheric solar or lunar

conditions causing temporary interference with any satellite signal

(e) Damage from any cause not excluded to any property at or adjacent to the Premises which shall prevent or hinder the use

of the Hardware whether the Hardware or other property at the Premises shall be damaged or not

BREAKDOWN

Breakdown shall mean the actual breaking failure distortion or burning out of any part of the Hardware whilst in ordinary use

arising from defects in the Hardware causing its sudden stoppage and necessitating repair or replacement before it can resume

work

DATA CARRYING MATERIALS

Data Carrying Materials shall mean removable magnetic optical or electronic data storage media currently in use or used for

backup purposes for programs or data

Data Carrying Materials shall not include any fixed disks or paper records

PREMISES

Premises shall mean the entire building where the Insured is sole occupier or those parts of the building which are in their

exclusive occupation and use where the Insured is not the sole occupier

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VIRUS OR SIMILAR MECHANISM

Virus or Similar Mechanism shall mean any program code programming instruction or any set of instructions intentionally

constructed with the ability to damage interfere with or otherwise adversely affect computer programs data files or operations

whether involving self replication or not

HACKING

Hacking shall mean unauthorised access to any computer or other equipment or component or system or item which

processes stores transmits retrieves or receives data whether it be the property of the Insured or not

DENIAL OF SERVICE ATTACK

Denial of Service Attack shall mean any actions or instructions constructed or generated that damage interfere with or

otherwise affect the availability of networks network services network connectivity or information systems

MAINTENANCE AGREEMENT

Maintenance Agreement shall mean

An agreement with the manufacturer or other approved company in respect of the Hardware providing for

(a) free repairs to or replacement of the Hardware following breakdown or stoppage from any internal cause other than by a

breach of the obligations of the Insured under the agreement and

(b) preventative maintenance or adjustment of mechanical moving parts

DEFINITIONS APPLYING TO SECTION 2 AND 3

VERIFIED

Verified shall mean checked for accuracy and integrity to ensure a precise match with the source data and capable of

restoration

DEFINITION APPLYING TO SECTION 3

INDEMNITY PERIOD

Indemnity Period shall mean the period beginning with the occurrence of an Accident and ending not later than the last day of

the period specified in the Schedule as the Indemnity Period during which the results of the operations of the lnsured shall be

affected in consequence of the Accident

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ADDITIONAL COVER

EXTENSIONS OF COVER APPLYING TO ALL SECTIONS

Cover under all Sections of this Specification is extended to include

WAIVER OF SUBROGATION RIGHTS

1. the Company waives rights of recovery or subrogation against

(a) any parent company of the Insured

(b) any subsidiary company of the Insured

(c) any subsidiary company of a parent company of whom the Insured are a subsidiary

(d) any user of the Hardware authorised in writing by the Insured prior to the loss or damage

Provided that

(i) any users so included observe and fulfil the terms and Conditions of this Policy as if they were the Insured

(ii) the Insured do not receive any form of indemnity or damages from such users

VIRUS SEEK AND DESTROY COSTS

2. Costs necessarily and reasonably incurred and authorised by the Company in locating and removing a detected Virus or

Similar Mechanism provided that the amount payable under this Extension shall not exceed £10,000

EXTENSION OF COVER APPLYING TO SECTION 1

The Cover under Section 1 of this Specification is extended to include

AUTOMATIC COVER

1. (a) Newly acquired Hardware belonging to the Insured or for which they are responsible at any existing Premises

shown in the Schedule until the next renewal date at no additional charge provided that the respective item is shown

as insured in the schedule

The maximum liability of the Company under this Extension shall not exceed the lesser of

(i) £300,000 or

(ii) 25% of the Sum Insured stated against Computer Equipment in respect of newly acquired Computer

Equipment or Portable Computer Equipment in respect of newly acquired Portable Computer Equipment

at any one Premises

(b) Computer Equipment at any Premises not advised to the Company

Provided that

(i) the liability of the Company under this Extension does not exceed £150,000 at any one additional Premises

(ii) security and fire protection are equal to or better than those at existing Premises

(iii) an additional premium shall be charged pro rata from the date that such Premises should have been advised to

the Company

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WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT DIRECTIVE

2. The additional costs incurred by the Insured in complying with the Waste Electrical and Electronic Equipment Directive for

the disposal of electronic equipment following insured loss or damage to Hardware provided that the amount payable

under this Extension shall not exceed £25,000

This amount is in addition to the limit for debris removal

TEMPORARY REMOVAL

3. Computer Equipment whilst temporarily removed or in transit to or from the Premises specified in the Schedule to or from

any other situation anywhere in the World (including whilst in transit by sea or air but only whilst in the custody care and

control of the Insured)

The maximum liability of the Company under this Extension shall not exceed £50,000 any one loss or series of losses

arising out of any one occurrence

This Extension does not apply to Portable Computer Equipment

PORTABLE COMPUTER EQUIPMENT

4. In respect of any Portable Computer Equipment specified in the Schedule the Cover provided shall operate whilst such

equipment is at or in transit between any situations in the World (including whilst in transit by sea or air)

Provided that

(a) The liability of the Company under this Extension in respect of Portable Computer Equipment away from the

Premises shall not exceed the lesser of

(i) the Sum Insured stated in the Schedule against Portable Computer Equipment

or

(ii) £5,000 any one loss or series of losses arising out of Theft or attempt thereat

(iii) £25,000 in respect of any other loss

(b) the Portable Computer Equipment shall at all times be carried as hand luggage when in transit other than by

private motor vehicle

DATA CARRYING MATERIALS

5. Data Carrying Materials as described in Computer Equipment Definition part (c) are insured whilst situated or in transit

anywhere in the World

GAS FLOODING SYSTEMS

6. The cost of recharging a gas flooding system installed solely for the protection of the Hardware following accidental

discharge

Provided that

(a) the Company shall not be liable under this Extension for any loss as a result of gradual leakage discharge or drop in

pressure

(b) the Insured shall maintain at his own expense the gas flooding system in accordance with the suppliers and/or

manufacturers recommendations

(c) the total liability of the Company under this Extension shall not exceed £25,000 in any one Period of Insurance

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EXTENSIONS OF COVER APPLYING TO SECTIONS 1 AND 2

Cover under Section 1 - Hardware and Section 2 - Reinstatement of Data of this Specification is extended to include

INCOMPATIBILITY OF RECORDS

1. Where Section 2 - Reinstatement of Data is insured the Company will indemnify the Insured in respect of

(a) the cost of modifying the Hardware insured under Section 1 - Hardware

or

(b) the cost of replacing the Data Carrying Materials together with Reinstatement of Data

whichever is the lesser

as a result of an indemnifiable Accident to achieve equivalent compatibility with that existing immediately prior to the loss

due to undamaged Data Carrying Materials being incompatible with the replacement Hardware

Provided that

(i) the replacement Hardware is the nearest equivalent to that lost or damaged

(ii) the amount payable under this Extension shall not exceed 50% of the aggregate of the Sums Insured under Section 1

– Hardware and Section 2 - Reinstatement of Data or £50,000 whichever is the lesser

EXTENSIONS OF COVER APPLYING TO SECTION 2

Cover under Section 2 - Reinstatement of Data of this Specification is extended to include

RESEARCH AND DEVELOPMENT COSTS

1. Costs of re-writing data processing research or development projects to the stage reached immediately prior to the

occurrence of an indemnifiable Accident but excludes any benefit to the Insured which would have been obtained from

the completion of the project had the Accident not occurred provided that the liability of the Company under this Extension

shall not exceed £25,000

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EXTENSIONS OF COVER APPLYING TO SECTION 3

Cover under Section 3 - Increased Costs of Working is extended to include

AUDITORS FEES

1. Reasonable fees payable by the Insured to their auditors for producing and certifying any particulars or details contained in

their books of account or other business books or documents or such other information as may be requested by the

Company

ADDITIONAL RENTAL CHARGE

2. Additional lease or hire fees incurred following the replacement of an existing lease or hire agreement by a similar new

agreement in consequence of loss or damage to the Hardware insured under Section 1 - Hardware

Provided that

(a) the Insured will be indemnified for the unexpired portion of the lease/hire contract only

(b) payment shall cease at the expiry of the lease/hire contract in force at the time of loss or damage or twenty four

months after the date of the loss or damage whichever is the sooner

(c) additional fees payable under this Extension shall not exceed £25,000 in respect of any one Accident or series of

Accidents arising out of any one occurrence

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CONDITIONS APPLYING TO SECTION 1 ONLY

DECLARATION OF VALUES

1. The Insured shall prior to each renewal supply the Company with declarations of the new replacement value of each of the

categories of Hardware

BASIS OF SETTLEMENT

2. In the event of a claim for which liability is accepted under this Specification the basis upon which the amount payable is to

be calculated shall be

(a) Where any item of Hardware is lost or damaged to the extent that repair is uneconomic or impractical its

replacement by new Hardware of equal performance and/or capacity or if such be impossible its replacement by

Hardware having the nearest higher performance and/or capacity to the Hardware lost or damaged

(b) Where the Hardware is damaged the repair of the damage and the restoration of the damaged portion of the

Hardware to a working condition substantially the same as but not better or more extensive than its condition when

new

Provided that

(i) The liability of the Company for loss of or damage to Hardware shall not exceed the Sum Insured stated in the

Schedule or additionally provided under the Automatic Cover Extension

(ii) The work of repair or replacement must be commenced and carried out with reasonable despatch and in any case

must be completed within six months after the destruction or damage or within any further period of time as the

Company may allow

(iii) No payment beyond the amount which would have been payable if this Condition had not been incorporated shall be

made until the cost of repair or replacement has been incurred

(iv) No payment beyond the amount which would have been payable if this Condition had not been incorporated shall be

made if at the time of any destruction or damage to the Hardware insured it shall be covered by any other insurance

held by or on behalf of the Insured which differs in basis of settlement from this insurance

(v) Where by reason of the above provisions no payment is made beyond the amount which would have been payable if

this Condition had not been incorporated the rights and liability of the Company and the Insured in respect of the

destruction or damage shall be subject to the terms Conditions and Exclusions of this Policy as if this Condition had

not been incorporated

BACK UP PROGRAMS

3. Where legally permissible the Insured shall maintain a regularly updated and Verified back-up copy of all insured software

and programs

UNATTENDED VEHICLES

4. Whenever Hardware is being transported by vehicle and the vehicle is left unattended

(a) the Hardware shall be kept out of sight in a luggage compartment glove compartment or other container and

(b) all windows or openings are to be closed and all doors locked

Additionally when Hardware is left in an unattended vehicle overnight the vehicle shall be kept in a secure or attended

garage compound or yard

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CONDITIONS APPLYING TO SECTIONS 2 AND 3

BACK UP RECORDS

1. The Insured shall maintain a minimum of 2 generations of Verified back-up computer records taken at intervals no less

frequently than 48 hours one copy as a minimum being held off site

The Insured must take reasonable precautions to ensure that all backup tapes storage devices or other computer records

are used and stored in accordance with the manufacturers recommendations

GENERAL EXCLUSIONS APPLYING TO ALL SECTIONS

The Company shall not be liable for

CONSEQUENTIAL LOSS

1. Loss of use of Hardware or any other consequential loss other than as specifically insured under Section 2 -

Reinstatement of Data and Section 3 - Increased Costs of Working of this Specification

APPLICATION OF EXCESS

2. One Excess specified in the Schedule shall be applied to any one loss across all Sections other than

(a) where the provisions of Exclusion 1 applying to Section 3 – Increased Costs of Working are applicable in respect of

increased excess for non maintained Hardware

(b) in respect of loss or damage resulting from fire lightning explosion aircraft or articles dropped therefrom the

Excess shall be nil

(c) where the only loss sustained by the Insured as a result of theft or attempted theft is loss of or damage to items

defined under Computer Equipment Definition (e) the Excess shall be nil

(d) The excess for losses involving Breakdown shall be the excess shown in the schedule against Breakdown with the

exception of

(i) Desktop Personal Computers

(ii) Portable Computer Equipment

(iii) Hardware where a Maintenance Agreement warranty or guarantee is in force on the item at the time of the

loss or damage

where the standard Policy Excess shall apply

In the event that the loss under Section 1 does not exceed the Breakdown Excess and the loss involves costs under

other Sections of the policy other than Section 1 Hardware then the standard policy excess shall apply to those

sections

In the event that the loss under Section 1 resulting from Breakdown exceeds the Breakdown Excess then the

higher Excess shall apply to the whole loss

BESPOKE SOFTWARE

3. Loss or damage arising from loss corruption or damage to bespoke software or individually tailored packages unless the

Insured has in force a software support agreement with the supplier or a third party maintainer approved by the supplier

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OPERATION OF PROTECTIVE DEVICES

4. Loss interruption or interference directly or indirectly due to correct operation of safety or protective devices

PARTS REQUIRING PERIODIC RENEWAL

5. Any loss interruption or interference directly or indirectly due to failure of any part requiring periodic renewal

EXCLUSIONS APPLYING TO SECTION 1 ONLY

The Company shall not be liable for

GUARANTEE OR MAINTENANCE AGREEMENT

1. Loss or damage recoverable under the Maintenance Agreement or any warranty or guarantee

HIRE OR LOAN

2. Loss of or damage to Hardware whilst hired out or loaned out

EXCLUSIONS APPLYING TO SECTION 3 ONLY

The Company shall not be liable for

INCREASED EXCESS – NON MAINTAINED HARDWARE

1. Increased Costs of Working incurred during the first 48 hours following the failure of any item of Hardware due to its

Breakdown or derangement where a Maintenance Agreement is not in force on the item at the time of the loss or

damage

DELIBERATE ACT OF SUPPY AUTHORITY

2. Loss consequent upon the total or partial failure of the supplies of electricity or any communications network caused by

(a) deliberate act of any supply authority unless performed for the sole purpose of safeguarding life or protecting a part

of any supply authority's system

(b) scheme of rationing unless necessitated solely by physical damage to a part of the supply authority's system

(c) strike or lock-out total or partial withdrawal of labour or partial or complete cessation of work

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HSB Engineering Insurance Limited

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OPTIONAL ENDORSEMENTS

Subject otherwise to the terms Conditions and Exclusions of this Policy the following Endorsements will only apply in respect of

items against which the Endorsement code appears in the Schedule

FSB – FIRE AND SPECIAL PERILS EXCLUSION (PREMISES ONLY)

The Company shall not be liable for loss or damage caused by or arising out of

(i) fire lightning explosion earthquake flood inundation storm tempest escape of water from water containing apparatus

leakage from sprinkler installations aircraft and other aerial devices or articles dropped therefrom or malicious damage

(ii) theft or any attempt thereat

whilst the Insured Property is at the Premises

Subject otherwise to the terms Conditions and Exclusions of this Policy

PSB – FIRE AND SPECIAL PERILS EXCLUSION

The Company shall not be liable for loss or damage caused by or arising out of

(i) fire lightning explosion earthquake flood inundation storm tempest escape of water from water containing apparatus

leakage from sprinkler installations aircraft and other aerial devices or articles dropped therefrom or malicious damage

(ii) theft or any attempt thereat

Subject otherwise to the terms Conditions and Exclusions of this Policy

FSN – BREAKDOWN LIMITATION (PREMISES ONLY)

The Company shall not be liable for loss or damage caused by or arising out of

(i) fire lightning explosion earthquake flood inundation storm tempest escape of water from water containing apparatus

leakage from sprinkler installations aircraft and other aerial devices or articles dropped therefrom or malicious damage

(ii) theft or any attempt thereat

(iii) accidental damage

(iv) failure or fluctuation of power supply

whilst the Insured Property is at the Premises

Subject otherwise to the terms Conditions and Exclusions of this Policy

PSN – BREAKDOWN LIMITATION

The Company shall not be liable for loss or damage caused by or arising out of

(i) fire lightning explosion earthquake flood inundation storm tempest escape of water from water containing apparatus

leakage from sprinkler installations aircraft and other aerial devices or articles dropped therefrom or malicious damage

(ii) theft or any attempt thereat

(iii) accidental damage

(iv) failure or fluctuation of power supply

Subject otherwise to the terms Conditions and Exclusions of this Policy

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FEA – FIRE PERILS EXCLUSION (OWN PREMISES)

The Company shall not be liable for loss or damage caused by or arising out of fire lightning explosion earthquake aircraft and

other aerial devices or articles dropped therefrom whilst the Insured Property is at the Premises

Subject otherwise to the terms Conditions and Exclusions of this Policy

BKD – BREAKDOWN EXCLUSION

The Company shall not be liable for loss or damage caused by or arising out of Breakdown

Subject otherwise to the terms Conditions and Exclusions of this Policy

RES – RESIDUAL BREAKDOWN COVER

The Company shall not be liable for loss or damage caused by or arising out of Breakdown unless a Maintenance Agreement

is in force at the time of the loss or damage

Subject otherwise to the terms Conditions and Exclusions of this Policy

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HSB Engineering Insurance Limited

HSB Engineering Insurance Limited, registered in England and Wales 02396114, New London House, 6 London Street, London EC3R 7LP.

Registered as a branch in Ireland: 906010. HSB Engineering Insurance Limited is authorised and regulated by the Financial Services Authority.

EQUIPMENT BREAKDOWN & DAMAGE INSURANCE - SPECIFICATION SUD

COVER

The Company will indemnify The Insured against sudden and unforeseen loss or damage to Insured Property described in

The Schedule whilst at the Situation specified in The Schedule subject to the terms Conditions and Exclusions of this Policy

SPECIAL DEFINITIONS

INSURED PROPERTY

Insured Property shall mean

installed machinery and plant and mobile plant owned by or leased to The Insured for the purpose of the business as described

in The Schedule at the Situation specified in The Schedule excluding

(a) supporting structures lift enclosures (other than landing gates) rail tracks anchorage bolts or fixing appliances brickwork

masonry foundations or chimneys

(b) vehicles other than purpose built lifting and handling machinery

(c) prototype and experimental machinery and plant

(d) computer or data processing equipment unless linked and wholly dedicated to the control of any machine or production or

treatment process

(e) office equipment

(f) communication or alarm systems

(g) vending machines

(h) stock in trade and products of The Insured’s business

BREAKDOWN

Breakdown shall mean

(a) The actual breaking failure distortion or burning out of any part of the Insured Property whilst in ordinary use arising from

defects in the Insured Property causing its sudden stoppage and necessitating repair or replacement before it can

resume work

(b) Fracturing of any part of the Insured Property by frost when such fracture renders the Insured Property inoperative

(c) The actual and complete severance of a rope but not breakage or abrasion of wires or strands even though replacement

may be necessary

(d) Error or omission of the operator(s) during normal operation of the Insured Property other than in respect of failure to

maintain

(e) Joint leakage failure of welds cracking fracturing overheating of boilers economisers superheaters pressure vessels or any

range of associated steam piping

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COLLAPSE

Collapse shall mean

the sudden and dangerous distortion (whether or not attended by rupture) of any part of the Insured Property caused by

crushing stress by force of steam or other fluid pressure (other than pressure of chemical action or ignited flue gases or ignition

of the contents)

EXPLOSION

Explosion shall mean

the sudden and violent rending of the Insured Property by force of internal steam or other fluid pressure (other than pressure

of chemical action or ignited flue gases or ignition of the contents) causing bodily displacement of any part of the Insured

Property together with forcible ejection of the contents

FRAGMENTATION

Fragmentation shall mean

accidental damage caused by impact to surrounding property belonging to or in the custody and control of The Insured and for

which The Insured is responsible resulting from fragmentation of any part of the Insured Property excluding damage

(a) to the Insured Property causing the damage or any Insured Property directly driving or driven by the Insured Property

(b) to property being handled conveyed heated cooled or processed by or contained in the Insured Property

(c) caused by leakage or by lack of heat cooling light power or steam

(d) caused by and occurring during testing of Insured Property

HAZARDOUS SUBSTANCE

Hazardous Substance shall mean

any substance other than ammonia that has been declared to be hazardous to health or the environment by a governmental

authority

HIRED IN PLANT

Hired in Plant shall mean

equipment hired by The Insured as a temporary replacement for owned or leased Insured Property which is temporarily

located at any other location or in transit for the purpose of repair service overhaul or maintenance but not Insured Property on

free loan

PRESSURE PLANT

Pressure Plant shall mean

Insured Property which stores fluids either below or above atmospheric pressure including boilers radiators and associated

apparatus and pipework

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REINSTATEMENT

Reinstatement shall mean

Where Insured Property is destroyed or damaged to the extent that repair is uneconomic or impractical

(a) if a building its re-building

(b) if not a building its replacement by similar Insured Property or property but in either case in a condition equal to but not

better or more extensive than its condition when new

Where Insured Property is damaged the repair of the damaged item to a condition substantially the same as that immediately

before the occurrence of the damage

Reinstatement shall include additional costs incurred to comply with European Union Legislation Building or other Regulations

under or framed in pursuance of any Act of Parliament or with Bye-Laws of any Municipal or Local Authority in force prior to the

event or in respect of Additional Cover 9 EEI (Environment & Efficiency Improvements) where necessary

Provided that

(i) the liability of The Company shall not exceed the Limits of Indemnity stated in The Schedule for loss of or damage to the

Insured Property belonging to The Insured

(ii) the work of Reinstatement must be commenced and carried out expeditiously and must be completed within twelve

months of the destruction or damage or within any further time The Company may allow and may be carried out wholly or

partially upon another site (if Legislation Act Regulations or Bye-laws require) provided that the liability of The Company is

not increased

(iii) where Insured Property is partially damaged or destroyed the liability of The Company shall not exceed the sum which

The Company would have been called upon to pay for Reinstatement in the event of total destruction

(iv) no payment beyond the amount which would have been payable had Special Condition 3 Basis of Settlement not been

incorporated shall be made until the cost of Reinstatement has been incurred

(v) no payment beyond the amount which would have been payable had Special Condition 3 Basis of Settlement not been

incorporated shall be made if at the time of destruction or damage to the Insured Property it is covered by any other

insurance held by or on behalf of The Insured which is not upon a Reinstatement basis

(vi) the amount recoverable shall not include

(vi.i) the cost incurred in complying with any Legislation Acts Regulations or Bye-Laws

(vi.i.i) under which notice had been served upon The Insured prior to the happening of the destruction or damage

(vi.i.ii) in respect of undamaged Insured Property or other property or undamaged portions of Insured Property or other

property

(vi.ii) the amount of any rate tax duty development or other charge or assessment arising out of capital appreciation

which may be payable in respect of the Insured Property or by the owner by reason of compliance with any

Legislation Acts Regulations or Bye-Laws

(vii) where by reason of the above Provisions no payment will be made beyond the amount which would have been

payable if Special Condition 3 Basis of Settlement had not been incorporated the rights and liability of The

Company and The Insured in respect of the destruction or damage shall be subject to the terms and Conditions of

this insurance as if Special Condition 3 Basis of Settlement had not been incorporated

Subject otherwise to the terms Conditions and Exclusions of this Policy

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RE-SITING

Re-siting shall mean

The actual physical removal of Insured Property or a major part thereof from one site to another within the Situation shown in

the Schedule

SITUATION

Situation shall mean

The location(s) shown in the Schedule

ADDITIONAL COVER

Cover provided by this Specification extends to include

1. AUTOMATIC COVER

Newly acquired Insured Property from the time its installation and testing is completed and the Insured Property is ready to

commence normal working at The Situation shown in The Schedule

Provided that

(a) the Insured Property belongs to a category shown in The Schedule and is of a type similar to that which The Insured

previously declared his intention to insure

(b) the Insured Property shall be insured to the same extent as Insured Property of a similar type

(c) the Insured Property is free from defects so far as The Insured is aware and complies with any statutory obligations

concerning its examination and certification

(d) The Insured shall inform The Company in writing of such Insured Property within twelve months of installation and shall

pay the additional premium required by The Company

Subject otherwise to the terms Conditions and Exclusions of this Policy

2. TEMPORARY REMOVAL

Loss of or damage to the Insured Property occurring within the European Union or European Free Trade Area whilst

temporarily located at any other location or in transit for the purposes of repair service overhaul or maintenance

3. MACHINERY MOVEMENT

Loss of or damage to Insured Property during Re-siting not exceeding £25,000 in respect of each claim for loss or damage for

which liability is accepted

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4. DAMAGE TO OWN SURROUNDING PROPERTY - PRESSURE EXPLOSION

Damage to own surrounding property owned by or leased to The Insured and for which The Insured is responsible caused by

Explosion of Pressure Plant not exceeding £1,000,000 (unless otherwise stated in this Policy) in respect of each claim for loss

or damage for which liability is accepted

This extension does not cover damage

(a) to the Insured Property causing the damage or any Insured Property directly driving or driven by the Insured Property

(b) to property being handled conveyed heated cooled or processed by or contained in the Insured Property

(c) caused by leakage or by lack of heat cooling light power or steam

5. HIRED IN PLANT

The legal liability of The Insured under the terms of the hiring agreement to pay

(a) for the loss of or damage to the Hired in Plant

(b) continuing hiring charges for Hired in Plant following loss or damage insured under (a)

whilst the Hired in Plant is at the Situation specified in the Schedule or in transit (other than by sea or air) between Situations

specified in The Schedule not exceeding a limit £50,000 any one loss

Where legal proceedings have been initiated against The Insured in respect of an indemnifiable incident under this extension

The Company will with prior written consent (which may be withheld at the sole discretion of The Company) pay all reasonable

legal expenses actually incurred by The Insured in defending such action

The liability of The Company under this extension shall not exceed £50,000 any one loss

6. COST OF SUBSTITUTE EQUIPMENT

The cost of hire charges incurred by The Insured for the necessary hire of substitute Insured Property of a similar type and

capacity following loss of or damage to the Insured Property during the period of repair or until the Insured Property is

permanently replaced not exceeding £10,000 in respect of each claim for loss or damage for which liability is accepted

7. HAZARDOUS SUBSTANCES

The increase in cost to repair replace clean up or dispose of Insured Property affected by a Hazardous Substance not

exceeding £25,000 in respect of each claim for loss or damage for which liability is accepted

8. EEI (ENVIRONMENTAL & EFFICIENCY IMPROVEMENTS)

The additional costs involved should Insured Property require replacement following an indemnifiable occurrence to replace

the Insured Property with equipment that is better for the environment safer and more efficient than the Insured Property

being replaced not exceeding 125% of what the cost would have been to replace with like kind capacity size quality and function

or £25,000 whichever is the less subject always to the Limit of Indemnity under this Policy

9. EMERGENCY SERVICES

Emergency service charges for which The Insured may be liable not exceeding £10,000 in respect of each claim for loss or

damage for which liability is accepted

10. FRAGMENTATION COVER

Fragmentation subject to the limit of indemnity stated in The Schedule

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OPTIONAL EXTENSIONS AND LIMITATIONS

Subject otherwise to the terms Conditions and Exclusions of this Policy where any of the following symbols appear against any

item of Insured Property the Cover is amended accordingly

1. BDN - BREAKDOWN LIMITATION COVER CLAUSE

Liability for loss or damage shall be limited to damage to Insured Property caused by its Breakdown

2. EXP - EXPLOSION/COLLAPSE LIMITATION COVER CLAUSE

Liability for loss or damage shall be limited to damage to Insured Property caused by its Explosion or Collapse

3. ADL - ACCIDENTAL DAMAGE LIMITATION COVER CLAUSE

The Company shall not be liable for loss of or damage to Insured Property caused by or arising from Breakdown Explosion

or Collapse

4. MDL - MATERIAL DAMAGE LIMITATION COVER CLAUSE

The Company shall not be liable for any loss of or damage to the Insured Property

5. FRA – FRAGMENTATION LIMITATION COVER CLAUSE

Liability for loss or damage shall be limited to Fragmentation

6. ISE - INSPECTION SERVICE EXCLUSION COVER CLAUSE

The Company does not undertake to make periodic inspections of the Insured Property nor to report thereon

7. LGE - LIFTED GOODS EXTENSION COVER CLAUSE

The Company will subject to the Limit of Indemnity for this Extension indemnify The Insured against accidental direct damage to

property owned by or leased to or in the custody or control of The Insured whilst being handled by the Insured Property and

arising out of its normal use

This Extension does not cover damage resulting from a fault in or fragility of the property being lifted or its container

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8. OSP - OWN SURROUNDING PROPERTY EXTENSION COVER CLAUSE

The Company will subject to the Limit of Indemnity for this Extension indemnify The Insured against damage to property owned

by or leased to The Insured and for which The Insured is responsible

(a) directly resulting from Explosion of Pressure Plant

(b) directly resulting from any damage to the Insured Property insured under this Specification

(c) caused by impact through the normal operation of lifting and handling Insured Property though the Insured Property

itself may not be damaged

This Extension does not cover damage

(i) to the Insured Property causing the damage or any Insured Property directly driving or driven by the Insured Property

(ii) to property being handled conveyed heated cooled or processed by or contained in the Insured Property

(iii) caused by leakage or by lack of heat cooling light power or steam

excepting that (ii) and (iii) above shall not apply to damage directly consequent upon and solely due to Explosion

SPECIAL CONDITIONS

1. INSPECTION

Where contracted to provide periodic Thorough Examinations or Inspections The Company will arrange for HSB Engineering

Insurance Services Limited (the “Inspection Company”) to inspect the Insured Property described in the Inspection Schedule

and to report thereon in accordance with Special Endorsement 1 - Thorough Examination/Inspection of Insured Property

2. DECLARATIONS AND ADJUSTMENT OF PREMIUM

Where the premium is a deposit and has been calculated on estimates at the end of each Period of Insurance the actual

premium payable shall be calculated by applying the rates agreed between The Insured and The Company to the declarations

agreed as the basis of adjustment

If the premium calculated exceeds or falls short of the deposit The Insured shall pay or The Company shall refund the difference

subject to the minimum premium shown in The Schedule or 75% of the deposit whichever is the higher

3. BASIS OF SETTLEMENT

In respect of

(a) Insured Property less than three years old at the time of a claim

(b) Pressure Plant

the basis upon which the amount payable for loss of or damage to the Insured Property shall be the amount payable by The

Insured for the Reinstatement of the Insured Property

4. RESTRICTED LIFE

The indemnity provided in respect of conveyor belts and refractory materials forming a component part of the Insured Property

which have a limited working life shall be restricted to the value of such part or parts at the time of the indemnifiable occurrence

due allowance having been made for the length of time the part or parts have been in service

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5. MULTIPLE LIFTING OPERATIONS

For the insurance provided under this Specification to be operative during any operation in which a load is shared between any

items of Insured Property classed as lifting plant or lifting equipment (whether insured under this Specification or not) the lifting

operation must be conducted in accordance with all relevant legislation and in addition if the lifting operation involves the use of

cranes the crane operation must be conducted in accordance with the BS7121 Codes of Practice or any replacement thereof

6. HIRING CONDITIONS

The insurance provided by Additional Cover 5 Hired in Plant of this specification will indemnify The Insured to the extent

required by the following conditions of hire which have been evidenced in writing and accepted and exchanged between all

bound parties

(a) the Model Conditions for the Hiring of Plant recommended by the Construction Plant-hire Association or the Scottish Plant

Owners Association or conditions not more onerous

or

(b) specific conditions agreed by the Company in writing and endorsed upon this Policy

In the event of a loss involving hire conditions more onerous than those covered by this specification the indemnity provided will

be limited to liability under (a) or (b) above as applicable

SPECIAL EXCLUSIONS

The Company shall not be liable for

1. EXCLUDED PERILS

Loss of or damage to Insured Property caused by or from

(a) fire lightning explosion (other than Explosion as defined in this Specification) earthquake flood storm tempest inundation

escape of water from water containing apparatus leakage from sprinkler installations aircraft and other aerial devices or

articles dropped therefrom

(b) theft or attempted theft

but damage to any Insured Property insured under this Specification by its own Explosion as a result of any such cause is not

excluded

This Exclusion shall not apply in respect of Insured Property under

(i) Additional Cover 2 Temporary Removal whilst temporarily located at any other location and/or in transit for the purposes

of repair service overhaul or maintenance

(ii) Additional Cover 5 Hired in Plant

2. ERECTION RISK

Loss of or damage to Insured Property during installation erection dismantling transportation or removal other than

transportation or removal under its own power whilst at the Situation shown in The Schedule or as provided under Additional

Covers 2 Temporary Removal and 3 Machinery Movement

3. CONSEQUENTIAL LOSS

Loss of use or consequential loss or damage of any kind or description unless specifically provided for elsewhere within this

Policy

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4. EXCLUDED PARTS

Loss of or damage to

(a) safety or protective devices due to their functioning

(b) tyres by cuts bursts punctures or the application of brakes unless arising from a malicious act

(c) batteries other than loss or damage due to extraneous cause

(d) tools cutting edges moulds dies patterns non-metallic linings pulverising and crushing surfaces flexible pipes trailing cables

driving belts or bands or parts requiring periodic renewal

SPECIAL ENDORSEMENT 1 – THOROUGH EXAMINATION/INSPECTION OF INSURED PROPERTY

1. DEFINITIONS

The following words have been given the specific meaning set forth below and have the same meaning wherever they

appear in this Special Endorsement whether singular or plural

1.1 THOROUGH EXAMINATION

Thorough Examination shall mean

a thorough examination of Insured Property or examination of Insured Property in accordance with a Written Scheme

which is carried out solely in accordance with the requirements of the Statutory Regulations that apply to the Insured

Property at the time of examination

Unless otherwise agreed in writing the scope of any such prescribed examination shall not include approval or verification

of the fitness for purpose of any design or design features of Insured Property performing or witnessing tests of a non-

routine nature (unless stipulated as the responsibility of the Competent Person in a HSE (Health & Safety Executive) or

SAFed (Safety Assessment Federation) Approved Code of Practice or Guidance) including but not limited to

(a) in the case of boiler/pressure plant ultrasonic radiographic hydrostatic or other non-destructive testing

(b) in the case of lifting and handling plant any proof load stability anchorage supplementary or similar test in accordance

with industry guidance or thorough examination as required when exceptional circumstances have occurred

(c) in the case of mechanical power press plant subject to the requirements of PUWER 98 Part IV the examination of

enclosed parts and tests thereof

(d) in respect of local exhaust ventilation plant the initial appraisal of the plant

1.2 INSPECTION

Inspection shall mean

an inspection of Insured Property which is exempt or excluded from the requirement for a periodic thorough examination

or examination in accordance with a Written Scheme as specified in the Statutory Regulations

Unless otherwise agreed in writing any such inspection will be visual in nature limited by the design of the Insured

Property and the extent to which The Insured has prepared the Insured Property and made available a safe means of

access to the Insured Property and may include such tests as are deemed appropriate to establish general condition and

standard of Insured Property maintenance by a Competent Person

Any such inspection will not be deemed to comply with any specific regulations or Statutory Regulations unless specified

in The Schedule

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1.3 INSPECTION SCHEDULE

Inspection Schedule shall mean

the plant schedule forming part of this Policy

1.4 NORMAL WORKING HOURS

Normal Working Hours shall mean

8:00 a.m. to 6:00 p.m. Monday to Friday excluding public bank and local holidays

1.5 COMPETENT PERSON

Competent Person shall mean

an Engineer Surveyor employed and/or authorised by the Inspection Company to perform the Thorough

Examination/Inspection

1.6 INSPECTION COMPANY SERVICES

Inspection Company Services shall mean

(a) The periodic performance of a Thorough Examination/Inspection of Insured Property within Normal Working

Hours

and

(b) The provision of a Report of Thorough Examination/Inspection within a reasonable time or within legal

requirements if prescribed by applicable Statutory Regulations

1.7 FEES

Fees shall mean

the amount payable for Inspection Company Services as stated in The Schedule or as varied from time to time in

accordance with Clause 4 of this Special Endorsement

1.8 REPORT

Report shall mean

a document in the Inspection Company’s standard format issued to The Insured electronically or on paper that provides

details of the Thorough Examination/Inspection of the Insured Property that was undertaken

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1.9 STATUTORY REGULATIONS

Statutory Regulations shall mean

the following Statutory Regulations (as amended or extended by any enactment or statutory re-enactment thereof) as

may be applicable to the Thorough Examination of Insured Property at the time of any such Thorough Examination

(a) The Lifting Operations and Lifting Equipment Regulations

(b) The Pressure Systems Safety Regulations

(c) The Provision and Use of Work Equipment Regulations, Part IV (“PUWER Part IV”)

(d) The Control of Substances Hazardous to Health Regulations (as amended)

(e) The Workplace (Health Safety and Welfare) Regulations

(f) The Control of Major Accident Hazard Regulations

(g) The Electricity at Work Regulations

(h) The Dangerous Substances and Explosive Atmospheres Regulations

(i) The Factories Act 1955 (as amended by the Safety in Industry Act 1980)

(j) The Safety in Industry Act 1980

(k) The Safety Health and Welfare at Work (General Application) (Amendment) Regulations

(l) The Safety Health and Welfare at Work (Quarries) Regulations

1.10 WRITTEN SCHEME

Written Scheme shall mean

a document drawn up by a competent person in accordance with Regulation 8 of the Pressure Systems Safety

Regulations which contains information about selected items of Insured Property that form a pressure system including

but not limited to the parts which require examination and the nature and frequency of such examinations

2. PROVISION OF SERVICES

2.1 The Inspection Company shall provide to The Insured the Inspection Company Services at the Situation specified in the

Inspection Schedule within Normal Working Hours during the term of the Policy subject to the terms and conditions of

this Special Endorsement and in consideration of which The Insured shall pay the Fees

2.2 The Inspection Company will comply with The Insured’s safe systems of work provided such systems are notified to the

Inspection Company in advance of any Thorough Examination/Inspection

2.3 During the term of this Policy the Inspection Company may

(a) decline to undertake any Thorough Examination/Inspection if at its sole discretion to do so would pose a health

safety or welfare risk

(b) appoint sub-contractors to provide services to support the Thorough Examination/Inspection and shall retain

responsibility for the execution of any such sub-contracted work

(c) make a charge in addition to the Fees shown in The Schedule if

(i) The Insured requests and the Inspection Company agrees to perform Inspection Company Services outside

Normal Working Hours

(ii) The Insured requires additional hard copies of Reports

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(iii) The Insured fails to prepare or make the Insured Property available at the date and time agreed

(iv) The Insured requires additional services or

(v) The Insured requires the Competent Person to undertake training or particular risk assessment specific to The

Insured’s own premises or The Insured’s health safety and welfare procedures

3. THE INSURED’S RESPONSIBILITIES

During the term of this Policy The Insured shall

(a) retain sole responsibility for the care custody and control of the Insured Property at all times

(b) allow the Inspection Company access to the Situation and Insured Property at such reasonable times during Normal

Working Hours or as shall be agreed between The Insured and the Inspection Company

(c) provide the Inspection Company with

(i) a safe working environment at the Situation in which the Insured Property is located and

(ii) a safe physical means by which to gain access to perform the Inspection Company Services

(d) have the Insured Property properly prepared dismantled and reassembled as necessary in order to enable the Inspection

Company to carry out the appropriate Thorough Examination/Inspection

(e) cooperate with and upon request provide the Inspection Company with information and data relating to the Insured

Property as required by the Competent Person to perform the Inspection Company Services including without

limitation full information concerning any modification to the Insured Property that has been made since the last

Thorough Examination/Inspection and in respect of Insured Property that is capable of being moved from one location

to another the precise location of any such Insured Property

4. FEES

4.1 The Inspection Company shall charge Fees for the provision of Inspection Company Services and any such Fees shall

be subject to Value Added Tax (or any other similar tax or duty levied by any government or other authority) at the

appropriate rate

Any such taxes or duties will be payable by The Insured in addition to the Fees

4.2 The Fees shall be calculated on Insured Property as notified by The Insured to the Inspection Company at the start of the

term and The Insured shall pay the Fees at the start of the term or as otherwise agreed in writing between the parties

4.3 The Insured agrees that the Inspection Company may adjust the Fees

(a) to take into account any charges identified in Clause 2.3 (c) of this Special Endorsement

(b) during and at the end of the term to take into account any Situations or individual items of Insured Property added

to or deleted from The Schedule

(c) upon any renewal of the Policy

(d) where the term is greater than 12 months annually to take into account any changes to the Insured Property the

intervals between Thorough Examination/Inspections and the retail price index and The Insured’s payment of any

such adjusted Fees shall be deemed acceptance by The Insured of the adjusted Fees

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5. TERMINATION

5.1 The Inspection Company may terminate this Special Endorsement at any time by giving 10 days’ written notice to The

Insured

5.2 Either The Insured or the Inspection Company may terminate this Special Endorsement with immediate effect at any time

by giving written notice to the other

(a) where the other has committed a material breach of the terms of this Special Endorsement which is incapable of

remedy

(b) where the other has committed a material breach of the terms of this Special Endorsement which is capable of

remedy and fails to remedy such breach within 30 days after receipt of a written notice by the other party giving full

particulars of the breach and requiring it to be remedied

(c) where the other goes into liquidation or in the case of an individual or partnership the individual(s) become(s)

bankrupt make(s) a voluntary arrangement with his(their) creditors or has(have) a receiver or administrator appointed

(d) where an event of Force Majeure delays a scheduled Thorough Examination/Inspection for more than 30 days

6. CONFIDENTIALITY

6.1 Neither The Insured nor the Inspection Company shall disclose or communicate to any third party any technical business

or similar information relating to the business affairs of the other party obtained as a result of this Special Endorsement

and neither party shall use the other party’s information for any purpose other than to perform its obligations under this

Special Endorsement

6.2 Nothing in this Clause shall impose an obligation of confidentiality on information

(a) that was already in the public domain

(b) that was rightfully in the possession of the party prior to the commencement of the Policy or

(c) that is required to be disclosed pursuant to any applicable law or regulatory body

6.3 Unless otherwise agreed between the parties all Reports and similar material prepared by the Inspection Company in

connection with the Inspection Company Services shall be released only to The Insured or their designated

representative

6.4 the Inspection Company may use data gathered in connection with the Inspection Company Services for statistical use

6.5 The obligations under this Clause shall come into effect at the start of the term and shall survive termination of the Policy

7. Limitation of Liability and Indemnification

7.1 Neither the Inspection Company nor any of its employees shall be liable directly or indirectly for any loss damage or injury to property or persons resulting from any accident or defect in any Insured Property nor shall the Inspection Company be liable directly or indirectly for loss damage or injury of any kind arising from or connected in any way with any Inspection Company Services or documentation of any Inspection Company Services including but not limited to Reports or from the omission of any Inspection Company Services or documentation of any Inspection Company Services including but not limited to Reports whether or not such Inspection Company Services documentation or omission was at the

request of The Insured 7.2 Neither the Inspection Company nor any of its employees makes any warranty express or implied concerning the activities

described in this Special Endorsement 7.3 Notwithstanding anything else in this Special Endorsement to the contrary to the fullest extent permitted by law

(a) the Inspection Company shall not be liable to The Insured for any special incidental indirect consequential or

exemplary damages including but not limited to loss of profits or revenue loss of use loss of opportunity loss of

goodwill cost of substitute facilities goods or services cost of capital governmental and regulatory sanctions and

claims of third parties for such damages

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(b) the total cumulative liability of the Inspection Company to The Insured whether in tort or in contract for all claims

losses damages and expenses resulting in any way from this Special Endorsement shall not be greater than the total

amount received by the Inspection Company from The Insured as Fees during the term

(c) except in the case of death or personal injury caused by the Inspection Company’s negligence or in other

circumstances where liability may not be so limited under applicable law the Inspection Company’s liability under or

in connection with this Special Endorsement whether arising in contract tort negligence breach of statutory duty or

otherwise shall not exceed the sum of £25,000,000 (twenty-five million pounds)

7.4 The Insured shall indemnify and keep the Inspection Company indemnified in respect of any claims made against and all

damages costs and expenses suffered or incurred by the Inspection Company as a result of any third party claim arising

out of The Insured’s failure to comply with its obligations under this Special Endorsement

7.5 Upon completion of the Inspection Company Services or termination of this Policy the provisions relating to indemnity

waivers limitations of remedies and limitations of liability including but not limited to those contained in this Clause shall

remain in full force and effect

8. “FORCE MAJEURE”

The Inspection Company shall not be liable for any delay or the consequences of any delay in performing the Inspection

Company Services if such delay is due to any cause beyond its reasonable control and shall be entitled to a reasonable

extension of time for performance of the Inspection Company Services

9. GENERAL

9.1 All matters relating to the validity performance or interpretation of this Special Endorsement shall be governed by the laws

of England

The Inspection Company and The Insured hereby submit to the exclusive jurisdiction of the Courts of England

9.2 No term of this Special Endorsement is intended either expressly or by implication or other inference to purport to confer a

benefit or right of action upon any third party

No such third party shall have any right to enforce any terms of this Policy whether under the Contracts (Rights of Third

Parties) Act 1999 or otherwise

9.3 The provision of Inspection Company Services under this Special Endorsement does not relieve The Insured of their

legal duty under relevant Statutory Regulations to have the Insured Property inspected

9.4 Failure by either party to enforce any of the rights under this Special Endorsement shall not be taken as or deemed to be a

waiver of such rights

9.5 If any term of this Special Endorsement is held to be illegal or unenforceable the remainder will remain in full force and

effect

9.6 This Special Endorsement represents the entire agreement between the parties and supersedes all prior agreements and

representations made by either party whether oral or written

9.7 All notices to be given under this Special Endorsement shall be in writing and may be delivered by first class post or

facsimile transmission and shall be deemed to have been delivered 48 hours after posting in the case of first class pre-

paid letter and 12 hours after dispatch in the case of facsimile transmission

9.8 the Inspection Company shall be entitled to apply any monies due to the Insured under this Special Endorsement in or

towards any sum owing to the Inspection Company in relation to any matter whatsoever

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HSB Engineering Insurance Services Limited

HSB Engineering Insurance Services Limited, registered in England and Wales: 03010292, New London House, 6 London Street, London EC3R 7LP.

Registered as a branch in Ireland: 906105. HSB Engineering Insurance Services Limited is an Appointed Representative of HSB Engineering Insurance

Limited, which is authorised and regulated by the Financial Services Authority.

CONTRACT FOR THOROUGH EXAMINATION/INSPECTION OF PLANT

In consideration of the Fees specified in the Schedule and subject to the terms and conditions of this Contract HSB Engineering

Insurance Services Limited (the “Inspection Company") agrees to provide the Client with Inspection Company Services as

specified in this Contract.

In witness whereof this Contract has been signed for and on behalf of the Inspection Company

Peter Milton Tim James

Managing Director Group Sales Manager

For and on behalf of

HSB Engineering Insurance Services Limited

New London House

6 London Street

London

EC3R 7LP

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1. DEFINITIONS

The following words have been given the specific meaning set forth below and have the same meaning wherever they appear in

the Contract, whether singular or plural.

1.1 THOROUGH EXAMINATION

A thorough examination of Plant or examination of Plant in accordance with a Written Scheme which is carried out solely

in accordance with the requirements of the Statutory Regulations which apply to the Plant at the time of examination.

Unless otherwise agreed in writing, the scope of any such prescribed examination shall not include approval or verification

of the fitness for purpose of any design or design features of Plant, performing or witnessing tests of a non-routine nature

(unless stipulated as the responsibility of the Competent Person in a HSE (Health & Safety Executive) or SAFed (Safety

Assessment Federation) Approved Code of Practice or Guidance) including but not limited to; in the case of

boiler/pressure Plant, ultrasonic radiographic hydrostatic or other non-destructive testing; in the case of lifting and handling

Plant, any proof load stability anchorage supplementary or similar test in accordance with industry guidance or thorough

examination as required when exceptional circumstances have occurred; in the case of mechanical power press Plant

subject to the requirements of PUWER 98 Part IV, the examination of enclosed parts and tests thereof; and in respect of

local exhaust ventilation Plant, the initial appraisal of the Plant.

1.2 INSPECTION

An inspection of Plant which is exempt or excluded from the requirement for a periodic thorough examination or

examination in accordance with a Written Scheme as specified in the Statutory Regulations.

Unless otherwise agreed in writing, any such inspection will be visual in nature limited by the design of the Plant and the

extent to which the Client has prepared the Plant and made available a safe means of access to the Plant and may include

such tests as are deemed appropriate to establish general condition and standard of Plant maintenance by a Competent

Person. Any such inspection will not be deemed to comply with any specific regulations or Statutory Regulations unless

specified in the Schedule.

1.3 NORMAL WORKING HOURS

8:00 a.m. to 6:00 p.m. Monday to Friday excluding public, bank and local holidays.

1.4 PLANT

The machinery, appliances and equipment shown in the Schedule.

1.5 CLIENT

The owner/user of Plant subject to Thorough Examination/Inspection.

1.6 COMPETENT PERSON

An Engineer Surveyor employed and authorised by the Inspection Company to perform the Thorough

Examination/Inspection.

1.7 INSPECTION COMPANY SERVICES

(i) The periodic performance of a Thorough Examination/Inspection of Plant within Normal Working Hours, and

(ii) The provision of a Report of Thorough Examination/Inspection within a reasonable time or within legal requirements

if prescribed by applicable Statutory Regulations.

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1.8 FEES

The amount payable for the Inspection Company Services as stated in the Schedule or as varied from time to time in

accordance with Clause 4.

1.9 REPORT

A document in the Inspection Company’s standard format issued to the Client electronically or on paper that provides

details of the Thorough Examination/Inspection of the Plant that was undertaken.

1.10 SITE

The location(s) shown in the Schedule.

1.11 STATUTORY REGULATIONS

The following statutory regulations (as amended or extended by any enactment or statutory re-enactment thereof) as may

be applicable to the Thorough Examination of Plant at the time of any such Thorough Examination:

(i) The Lifting Operations and Lifting Equipment Regulations

(ii) The Pressure Systems Safety Regulations

(iii) The Provision and Use of Work Equipment Regulations, Part IV (“PUWER Part IV”)

(iv) The Control of Substances Hazardous to Health Regulations (as amended)

(v) The Workplace (Health Safety and Welfare) Regulations

(vi) The Control of Major Accident Hazard Regulations

(vii) The Electricity at Work Regulations

(viii)The Dangerous Substances and Explosive Atmospheres Regulations

(ix) The Factories Act 1955 (as amended by the Safety in Industry Act 1980)

(x) The Safety in Industry Act 1980

(xi) The Safety Health and Welfare at Work (General Application) (Amendment) Regulations

(xii) The Safety Health and Welfare at Work (Quarries) Regulations

1.12 WRITTEN SCHEME

A document drawn up by a competent person in accordance with Regulation 8 of the Pressure Systems Safety

Regulations which contains information about selected items of Plant that form a pressure system including but not limited

to the parts which require examination and the nature and frequency of such examinations.

1.13 TERM

The duration of this Contract as shown in the Schedule unless terminated in accordance with Clause 5.

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2. PROVISION OF COMPANY SERVICES

2.1 The Inspection Company shall provide to the Client the Inspection Company Services at the Site within Normal Working

Hours during the Term subject to the terms and conditions of this Contract and in consideration of which the Client shall

pay the Fees.

2.2 The Inspection Company will comply with the Client’s safe systems of work, provided such systems are notified to the

Inspection Company in advance of any Thorough Examination/Inspection.

2.3 During the Term of this Contract, the Inspection Company may:

(i) decline to undertake any Thorough Examination/Inspection if, at its sole discretion, to do so would pose a health,

safety or welfare risk;

(ii) appoint sub-contractors to provide services to support the Thorough Examination/Inspection and shall retain

responsibility for the execution of any such sub-contracted work;

(iii) make a charge in addition to the Fees shown in the Schedule if:

(a) the Client requests and the Inspection Company agrees to perform Inspection Company Services outside

Normal Working Hours;

(b) the Client requires additional hard copies of Reports;

(c) the Client fails to prepare or make the Plant available at the date and time agreed;

(d) the Client requires additional services; or

(e) the Client requires the Competent Person to undertake training or particular risk assessment specific to the

Client’s own premises or the Client’s health, safety and welfare procedures.

3. CLIENT RESPONSIBILITIES

During the Term of this Contract, the Client shall:

(i) retain sole responsibility for the care, custody and control of the Plant at all times;

(ii) allow the Inspection Company access to the Site and Plant at such reasonable times during Normal Working Hours

or as shall be agreed between the Client and the Inspection Company;

(iii) provide the Inspection Company with:

(a) a safe working environment on the Site on which the Plant is located, and

(b) a safe physical means by which to gain access to perform the Inspection Company Services;

(iv) have the Plant properly prepared, dismantled and reassembled as necessary in order to enable the Inspection

Company to carry out the appropriate Thorough Examination/Inspection;

(v) cooperate with and, upon request, provide the Inspection Company with information and data relating to the Plant as

required by the Competent Person to perform the Inspection Company Services including without limitation full

information concerning any modification to the Plant that has been made since the last Thorough

Examination/Inspection and in respect of Plant that is capable of being moved from one location to another the

precise location of any such Plant.

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4. FEES

4.1 The Inspection Company shall charge Fees for the provision of Inspection Company Services and any such Fees shall be

subject to Value Added Tax (or any other similar tax or duty levied by any government or other authority) at the

appropriate rate. Any such taxes or duties will be payable by the Client in addition to the Fees.

4.2 The Fees shall be calculated on Plant as notified by the Client to the Inspection Company at the start of the Term, and the

Client shall pay the Fees at the start of the Term or as otherwise agreed in writing between the parties.

4.3 The Client agrees that the Inspection Company may adjust the Fees:

(i) to take into account any charges identified in Clause 2.3 (iii);

(ii) during and at the end of the Term to take into account any Sites or individual items of Plant added to or deleted from

the Schedule;

(iii) upon any renewal of the Contract;

(iv) where the Term is greater than 12 months, annually to take into account any changes to the Plant, the intervals

between Thorough Examination/Inspections, and the retail price index, and the Client’s payment of any such

adjusted Fees shall be deemed acceptance by the Client of the adjusted Fees.

5. TERM AND TERMINATION

5.1 The Term of this Contract is as shown in the Schedule unless terminated in accordance with this Clause.

5.2 The Inspection Company may terminate this Contract at any time by giving 30 days’ written notice to the Client.

5.3 Either the Client or the Inspection Company may terminate this Contract with immediate effect at any time by giving written

notice to the other:

(i) where the other has committed a material breach of the terms of this Contract which is incapable of remedy;

(ii) where the other has committed a material breach of the terms of this Contract which is capable of remedy and fails to

remedy such breach within 30 days after receipt of a written notice by the other party giving full particulars of the

breach and requiring it to be remedied;

(iii) where the other goes into liquidation, or in the case of an individual or partnership, the individual(s) become(s)

bankrupt, make(s) a voluntary arrangement with his(their) creditors or has(have) a receiver or administrator

appointed;

(iv) where an event of Force Majeure delays a scheduled Thorough Examination/Inspection for more than 30 days.

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6. CONFIDENTIALITY

6.1 Neither the Client nor the Inspection Company shall disclose or communicate to any third party any technical, business, or

similar information relating to the business affairs of the other party obtained as a result of this Contract, and neither party

shall use the other party’s information for any purpose other than to perform its obligations under this Contract.

6.2 Nothing in this Clause shall impose an obligation of confidentiality on information that was already in the public domain;

that was rightfully in the possession of the party prior to the commencement of the Contract; or that is required to be

disclosed pursuant to any applicable law or regulatory body.

6.3 Unless otherwise agreed between the parties, all Reports and similar material prepared by the Inspection Company in

connection with the Inspection Company Services shall be released only to the Client or its designated representative.

6.4 The Inspection Company may use data gathered in connection with the Inspection Company Services for statistical use.

6.5 The obligations under this Clause shall come into effect at the start of the Term and shall survive termination of the

Contract.

7. LIMITATION OF LIABILITY AND INDEMNIFICATION

7.1 Neither the Inspection Company nor any of its employees shall be liable directly or indirectly for any loss, damage or injury

to property or persons resulting from any accident or defect in any Plant; nor shall the Inspection Company be liable

directly or indirectly for loss, damage or injury of any kind arising from or connected in any way with any Inspection

Company Services or documentation of any Inspection Company Services including but not limited to Reports, or from the

omission of any Inspection Company Services or documentation of any Inspection Company Services including but not

limited to Reports, whether or not such Inspection Company Services, documentation or omission was at the request of

the Client.

7.2 Neither the Inspection Company nor any of its employees makes any warranty, express or implied, concerning the

activities described in this Contract.

7.3 Notwithstanding anything else in this Contract to the contrary, to the fullest extent permitted by law:

(i) the Inspection Company shall not be liable to the Client for any special, incidental, indirect, consequential or

exemplary damages, including, but not limited to, loss of profits or revenue, loss of use, loss of opportunity, loss of

goodwill, cost of substitute facilities, goods or services, cost of capital,governmental and regulatory sanctions and

claims of third parties for such damages;

(ii) the total cumulative liability of the Inspection Company to the Client, whether in tort or in contract, for all claims,

losses, damages and expenses resulting in any way from this Contract shall not be greater than the total amount

received by the Inspection Company from the Client as Fees during the Term;

(iii) except in the case of death or personal injury caused by the Inspection Company's negligence or in other

circumstances where liability may not be so limited under applicable law, the Inspection Company's liability under or

in connection with this Contract, whether arising in contract, tort, negligence, breach of statutory duty or otherwise,

shall not exceed the sum of £25,000,000 (twenty five million pounds).

7.4 The Client shall indemnify and keep the Inspection Company indemnified in respect of any claims made against and all

damages, costs and expenses suffered or incurred by the Inspection Company as a result of any third party claim arising

out of the Client’s failure to comply with its obligations under the Contract.

7.5 Upon completion of the Inspection Company Services or termination of this Contract, the provisions relating to indemnity,

waivers, limitations of remedies and limitations of liability, including, but not limited to those contained in this Clause, shall

remain in full force and effect.

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8. “FORCE MAJEURE”

The Inspection Company shall not be liable for any delay or the consequences of any delay in performing the Inspection

Company Services if such delay is due to any cause beyond its reasonable control and shall be entitled to a reasonable

extension of time for performance of the Contract.

9. GENERAL

9.1 All matters relating to the validity, performance or interpretation of this Contract shall be governed by the laws of England.

The Inspection Company and the Client hereby submit to the exclusive jurisdiction of the Courts of England.

9.2 No term of this Contract is intended, either expressly or by implication or other inference, to purport to confer a benefit or

right of action upon any third party. No such third party shall have any right to enforce any terms of this Contract whether

under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

9.3 The provision of the Inspection Company Services under this Contract does not relieve the Client of its legal duty under

relevant Statutory Regulations to have the Plant inspected.

9.4 Failure by either party to enforce any of the rights under this Contract shall not be taken as or deemed to be a waiver of

such rights.

9.5 If any term of this Contract is held to be illegal or unenforceable the remainder will remain in full force and effect.

9.6 This Contract represents the entire agreement between the parties and supersedes all prior agreements and

representations made by either party, whether oral or written.

9.7 All notices to be given under this Contract shall be in writing and may be delivered by first class post or facsimile

transmission, and shall be deemed to have been delivered 48 hours after posting in the case of first class pre-paid letter

and 12 hours after dispatch in the case of facsimile transmission.

9.8 The Inspection Company shall be entitled to apply any monies due to the Client under the Contract in or towards any sum owing to the Inspection Company in relation to any matter whatsoever.

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CUSTOMER SERVICE AND COMPLAINT RESOLUTION

We are committed to providing the highest standards of customer service and aim to achieve fair treatment and customer

satisfaction in all cases. If you have any cause for complaint, therefore, we want to know about it as soon as possible.

You should initially contact the person who arranged the contract for you, to see if they can resolve matters. Alternatively you

may contact us directly at the following address:-

The Group Operations Manager

HSB Engineering Insurance Ltd

Chancery Place

50 Brown Street

Manchester

M2 2JT

Telephone: +44 (0) 845 345 5510

Fax: +44 (0) 845 345 5610

E.Mail: [email protected]

We will always acknowledge your complaint within 5 business days and let you know who is dealing with it. We will do our best

to resolve matters within four weeks, keeping you informed of progress.

If, for any reason, you are unhappy with our response to your complaint you may wish to pursue matters by means of an

independent dispute resolution service.

If you make a complaint, your right to take legal action against us is not affected by this procedure.

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HSB Engineering Insurance Limited

HSB Engineering Insurance Limited, registered in England and Wales: 02396114, New London House, 6 London Street, London EC3R 7LP. Registered

as a branch in Ireland: 906020, Pembroke House, 28-32 Upper Pembroke Street, Dublin 2, Ireland. HSB Engineering Insurance Limited is authorised

and regulated by the Financial Services Authority in the United Kingdom and is regulated by the Central Bank of Ireland for conduct of business rules.

DETERIORATION OF STOCK INSURANCE - SPECIFICATION DOS

COVER

The Company will indemnify The Insured against loss of or damage to Insured Property being stock in any cold chamber

described in The Schedule(s) by deterioration or putrefaction in consequence of an Accident

The term stock in any cold chamber shall include stock which at the time of the Accident giving rise to such deterioration or

putrefaction is elsewhere at The Situation and which but for the Accident would in the normal course be placed in the cold

chamber

Subject otherwise to the terms Conditions and Exclusions of this Policy

ADDITIONAL COVER

DISPOSAL OF DAMAGED STOCK

1. In respect of each claim for loss or damage for which liability is accepted the cover provided by this Specification extends

to include costs necessarily and reasonably incurred by The Insured in the removal and disposal of stock damaged

subject to a maximum liability under this extension of £5,000

CLEANING AND DISINFECTION

2. In respect of each claim for loss or damage for which liability is accepted the cover provided by this Specification extends

to include costs necessarily and reasonably incurred by The Insured in the cleaning and disinfection of the cold chamber

subject to a maximum liability under this extension of £5,000

SPECIAL DEFINITIONS

ACCIDENT

1. Rise or fall in temperature in the cold chamber as a result of any cause not excluded

2. Action of refrigerant fumes which have escaped from the cold chamber machinery

OPTIONAL RESTRICTION IN COVER

Where JDN appears against an item in The Schedule part 1 of SPECIAL DEFINITION Accident is replaced by the following

1. Rise or fall in temperature in the cold chamber as a result of

(a) sudden and unforeseen damage to the machinery serving the cold chambers described in The Schedule and non-

operation (from any inherent cause) of any thermostatic or automatic controlling devices pertaining thereto

(b) failure of the public supply of electricity at the terminal point of the supply authority's feed to The Situation specified in

The Schedule

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SPECIAL EXCLUSIONS

The Company shall not be liable for

MACHINERY DAMAGE

1. Loss of or damage to the cold chamber machinery

EXCLUDED PERILS

2. Deterioration or putrefaction resulting from loss or damage at The Situation caused by or arising from

(a) Fire lightning explosion earthquake flood storm tempest inundation escape of water from water containing apparatus

leakage from sprinkler installations aircraft and other aerial devices or articles dropped therefrom

(b) theft or any attempted theft

CONSEQUENTIAL LOSS

3. Loss of use or consequential loss or damage of any kind or description unless specifically provided for elsewhere within

this Policy

DELIBERATE ACT OF SUPPLY AUTHORITY

4. Loss consequent upon the total or partial failure of the public supplies of electricity or any communications network caused

by

(a) deliberate act of any supply authority unless performed for the sole purpose of safeguarding life or protecting a part

of any supply authority's system

(b) scheme of rationing unless necessitated solely by physical damage to a part of the supply authority's system

(c) strike or lock-out total or partial withdrawal of labour or partial or complete cessation of work

(d) drought

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HSB Engineering Insurance Limited

HSB Engineering Insurance Limited, registered in England and Wales 02396114, New London House, 6 London Street, London EC3R 7LP.

Registered as a branch in Ireland: 906010. HSB Engineering Insurance Limited is authorised and regulated by the Financial Services Authority.

MACHINERY MOVEMENT INSURANCE - SPECIFICATION MMI

COVER

The Company will indemnify The Insured against physical loss of or damage to Insured Property described in The Schedule(s)

during the Operations specified

Subject otherwise to the terms Conditions and Exclusions of the Policy

SPECIAL DEFINITIONS

DEFINITION OF OPERATIONS

Transit Transportation (other than by sea or air) of the Insured Property and any trans-shipments deviations or storage

en route from the time that the load is secured onto the carrying vehicle until the commencement of removal of

the securing devices

Loading Bodily removal of the Insured Property from the loading point until the completion of securing on the

transporting vehicle

Unloading Bodily removal of the Insured Property from the transporting vehicle commencing with removal of the load

securing devices until placed at the initial setting down point

Erection From the completion of the Unloading of the Insured Property from transport vehicles until the completion of

testing or running or the date of taking over by the purchaser whichever is the earlier

Dismantling From the commencement of dismantling and / or disconnecting of the Insured Property until the

commencement of Loading onto transport vehicles

Positioning Bodily removal of Insured Property or a major part thereof from the setting down point to the actual working

position and placing on foundations or bedplate

Taking Out Bodily removal of Insured Property or a major part thereof from its foundations or bedplate in the actual working

position to the loading point

Re-Siting Bodily removal of Insured Property or a major part thereof from one site to another in the same premises and

not involving the use of road or rail vehicles

SPECIAL CONDITIONS

MULTIPLE LIFTING OPERATIONS

1. For the insurance provided under this Specification to be operative during any Operation in which a load is shared

between any items of lifting plant or lifting equipment the lifting operation must be conducted in accordance with BS7121

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SPECIAL EXCLUSIONS

The Company shall not be liable for

BREAKDOWN DERANGEMENT OR EXPLOSION

1. Physical loss of or damage to any item of Insured Property caused by or arising from its own breakdown derangement or

explosion

DEFECTS IN MATERIAL

2. Defects in material workmanship or design but indemnifiable damage resulting therefrom is not excluded

CONSEQUENTIAL LOSS

3. Loss of use or consequential loss or damage of any kind or description unless specifically provided for elsewhere within

this Policy

UNEXPLAINED LOSSES

4. Unaccountable losses or losses discovered on the occasion of checks or inventories unless the Insured can produce

reasonable proof that such losses are as a result of an identifiable incident