| |
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(i) |
in respect
of each item the sum expressed in the Schedule
to be insured thereon or in the whole the
total sum insured hereby |
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(ii) |
any limit of liability shown
in the Schedule |
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or
such other sum or sums as may be substituted
therefore by memorandum hereon or attached
hereto signed by or on behalf of the Company. |
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| UNDER INSURANCE |
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If
the property hereby insured shall, at the
commencement of any Damage, be collectively
of greater value than the sum insured thereon,
then the Insured shall be considered as
being his own insurer for the difference,
and shall bear a rateable proportion of
the loss accordingly. Every item, if more
than one, of the Policy shall be separately
subject to this Condition. |
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| DEDUCTIBLES |
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This
policy does not cover the amounts of the
deductibles stated in the Endorsement in
respect of each and every loss as ascertained
after the application of all other terms
and conditions of the policy including any
condition of Average.
Warranted that during the currency
of the policy the Insured shall not effect
insurance in respect of the amounts of the
deductibles stated in the Endorsement |
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| EXLUSIONS |
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| A. |
EXCLUDED CAUSES |
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This policy does not cover |
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1. |
Damage to
the property insured caused by: |
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(a) |
(i) |
faulty
or defective design materials or workmanship
inherent vice latent defect gradual deterioration
deformation or distortion or wear and tear |
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(ii) |
interruption
of the water supply gas electricity or fuel
systems or failure of the effluent disposal
systems to and from the Premises |
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Unless
damage by a cause not excluded in the policy
in the policy ensues and then the Company
shall be liable only for such ensuing Damage |
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(b) |
(i) |
collapse or cracking of buildings |
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(ii) |
corrosion
rust extremes or changes in temperature
dampness dryness wet or dry rot fungus shrinkage
evaporation loss of weight pollution contamination
change in colour flavour texture or finish
action of light vermin insects marring or
scratching |
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unless
such loss is caused directly by Damage to
the property insured or to premises containing
such property by a cause not excluded in
the policy |
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(c) |
(i) |
theft except
from a building and then only if there is
violent or forcible entry to or exit from
such building |
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(ii) |
acts of fraud or dishonesty |
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(iii) |
disappearance
unexplained or inventory shortage misfiling
or misplacing of information shortage in
supply or delivery of materials or shortage
due to clerical or accounting error |
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(iv) |
cracking
fracturing collapse or overheating of boilers
economisers vessels tubes or pipes nipple
leakage or the failure of welds of boilers |
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(v) |
mechanical
or electrical breakdown or derangement of
machinery or equipment bursting overflowing
discharging or leaking of water tanks apparatus
or pipes when the premises are empty or
disused |
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Unless |
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(i) |
damage
by a cause not excluded in the policy ensues
and then the Company shall be liable only
for such ensuing Damage |
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(ii) |
such loss
is caused directly by Damage to the property
insured or to premises containing such property
by a cause not excluded in the policy |
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(d) |
(i) |
coastal or river erosion |
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(ii) |
subsidence ground heave or landslip |
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(iii) |
normal settlement or bedding
down of new structures |
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(iv) |
wind rain
hail frost snow flood sand or dust to movable
property in the open or in open sided buildings
or to fences and gates |
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(v) |
the freezing solidification
or inadvertent escape of molten material |
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2. |
Damage caused by or arising
from: |
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(a) |
any wilful
act or wilful negligence on the part of
the Insured or any person acting on his
behalf |
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(b) |
cessation of work delay or loss
of market or any other consequential or indirect
loss of any kind or description whatsoever |
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3. |
Damage occasioned directly or
indirectly by or through or in consequence
of any of the following occurrences, namely: |
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(a) |
war invasion act of foreign
enemy hostilities or warlike operations (whether
war be declared or not) civil war |
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(b) |
mutiny
civil commotion assuming the proportions
of or amounting to a popular arising military
rising insurrection rebellion revolution
military or usurped power |
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(c) |
acts of
terrorism committed by a person or persons
acting on behalf of or in connection with
any organization. This Exclusion A3(c) shall
not apply to Damage by Fire
For the purpose of this Exclusion A3(c)
"terrorism" means the use of violence for
political ends and includes the use of violence
for the purpose of putting the public or
any section of the public in fear |
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(d) |
(i) |
permanent
or temporary dispossession resulting from
confiscation nationalization commandeering
or requisition by any lawfully constituted
authority |
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(ii) |
permanent
or temporary dispossession of any building
resulting from the unlawful occupation of
such building by any person |
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provided
that the Company are not relieved of any
liability to the Insured in respect of Damage
to the property insured occurring before
dispossession or during temporary dispossession
which is otherwise insured by this policy |
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(e) |
the destruction of property
by order of any public authority |
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In any
action, suit or other proceeding where the
Company alleges that by reason of the provisions
of Exclusions A3(a) (b) and (c) above any
loss destruction or damage is not covered
by this insurance the burden of proving
that such loss destruction or damage is
covered shall be upon the Insured. |
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4. |
Damage directly or indirectly
caused by or arising from or in consequence
of or contributed to by: |
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(a) |
nuclear weapons material |
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(b) |
ionising
radiations or contamination by radioactivity
from any nuclear fuel or from any nuclear
waste from the combustion of nuclear fuel.
Solely for the purpose of this Exclusion
A4(b) Combustion shall include any self-sustaining
process of nuclear fission. |
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| B. |
EXCLUDED PROPERTY |
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This policy does not cover: |
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1. |
(a) |
Money cheques
stamps bonds credit cards securities of
any description jewellery precious stones
precious metals bullion furs curiosities
rare books or works of art unless specifically
mentioned as insured by this policy and
then only in respect of the perils specified
below |
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(b) |
fixed glass |
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(c) |
glass (other
than fixed glass) china earthenware marble
or other fragile or brittle objects |
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(d) |
electronic installations computers
and data processing equipment |
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|
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but this
shall not exclude Damage (not otherwise
excluded) caused by fire lightning explosion
aircraft riot strikers locked-out workers
persons taking part in labor disturbances
malicious persons impact by any road vehicle
or animals earthquake windstorm flood bursting
overflowing discharging or leaking of water
tanks apparatus or pipes. |
| |
|
2. |
Unless
specifically mentioned as insured by this
Policy goods held in trust or on commission
documents manuscripts business books computer
systems records pattern models mould plans
designs explosives |
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3. |
(a) |
vehicles
licensed for road use (including accessories
thereon) caravans trailers railway locomotives
or rolling stock watercraft aircraft spacecraft
or the like |
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(b) |
property in transit other than
within the premises specified in the Schedule |
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(c) |
property
or structures in course of demolition construction
or erection and materials or supplies in
connection therewith |
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(d) |
land (including
top-soil back-fill drainage or culverts)
driveways pavements roads runways railway
lines dams reservoirs canals rigs wells
pipelines tunnels bridges docks piers jetties
excavations wharves mining property underground
off-shore property |
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(e) |
livestock growing crops or trees |
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(f) |
property damaged as a result
of its undergoing any process |
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(g) |
machinery
during installation removal or resiting
(including dismantling and re-erection)
if directly attributable to such operations |
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(h) |
property
undergoing alteration repair testing installation
or servicing including materials and supplies
therefore if directly attributable to the
operations or work being performed thereon
unless Damage by a cause not otherwise excluded
ensues and then the Company will be liable
only for such ensuing loss |
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(i) |
property more specifically insured |
| |
|
4. |
Damage
to property which at the time of the happening
of such Damage is insured by or would but
for the existence of this policy be insured
by any marine policy or policies except
in respect of any excess beyond the amount
which would have been payable under the
marine policy or policies had this insurance
not been effected. |
| |
|
5. |
Damage
to boilers economicers turbines or other
vessels machinery or apparatus in which
pressure in used or their contents resulting
from their explosion or rupture. |
| |
| GENERAL CONDITIONS |
| |
|
1. |
IDENTIFICATION |
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|
|
This Policy
and the Schedule (which, forms an integral
part of this Policy) shall be read together
as one contract and words and expressions
to which specific meanings have been attached
in any part of this Policy or of the Schedule
shall bear such specific meanings wherever
they shall appear. |
| |
|
2. |
MISDESCRIPTION |
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|
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If there
be any material misdescription by the Insured
or any one acting on his behalf of any of
the property hereby insured, or of any building
or place in which such property is contained,
or of the business or premises to which
this insurance refers or any misrepresentation
as to any fact material to be known for
estimating the risk or any omission to state
such fact, the Company shall not be liable
under this Policy for the property affected
by any such misdescription, misrepresentation
or omission. |
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|
3. |
CANCELLATION |
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This insurance
may be terminated at any time at the request
of the Insured, in which case the Company
will retain the customary short period rate
for the time the Policy has been in force.
This insurance may also be terminated at
the option of the Company on notice to that
effect being given to the Insured, in which
case the Company shall be liable to repay
on demand a rateable proportion of the premium
for the unexpired term from the date of
the cancellation. |
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|
4. |
FORFEITURE |
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|
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All benefit under this Policy shall be forfeited. |
|
|
|
(a) |
If any
claim made under this Policy be in any respect
fraudulent or if any false declaration be
made or used in support thereof, or if any
fraudulent means or devices are used by
the Insured or any one acting on his behalf
to obtain any benefit under this Policy |
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or |
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(b) |
If any
claim be made and rejected and an action
or suit be not commenced within three months
after such rejection, or (in the case of
an arbitration taking place in pursuance
of Condition No. 7 of this Policy) within
three months after the arbitrator or arbitrators
or umpire shall have made their award. |
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|
5. |
SUBROGATION |
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|
|
Any claimant
under this Policy shall, at the expense
of the Company do, and concur in doing and
permit to be done all such acts and things
as may be necessary or reasonably required
by the Company for the purpose of enforcing
any rights and remedies, or of obtaining
relief or indemnity from other parties to
which the Company shall be or would become
entitled or subrogated, upon its paying
for or making good any loss or damage under
this Policy, whether such acts and things
shall be or become necessary or required
before or after his indemnification by the
Company. |
| |
|
6. |
CONTRIBUTION |
|
|
|
If at the
time of any loss or damage happening to
any property hereby insured, there be any
other subsisting insurance or insurances
whether effected by the Insured or by any
other person or persons, covering either
such loss or any part of it or the same
property the Company shall not be liable
to pay or contribute more than its rateable
proportion of such loss or damage. |
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|
7. |
ARBITRATION |
|
|
|
If any
difference shall arise as to the amount
to be paid under this Policy such difference
shall independently of all other questions
be referred to the decision of an arbitrator,
to be appointed in writing by the parties
in difference, or, if they can not agree
upon a single arbitrator, to the decision
of two disinterested persons as arbitrators,
of whom one shall be appointed in writing
by each of the parties within two calendar
months after having been required to do
so in writing by the other party. In case
either party shall refuse or fall to appoint
an arbitrator within two calendar months
after receipt of notice in writing requiring
an appointment, the other party shall be
at liberty to appoint a sole arbitrator;
and in case of disagreement between the
arbitrators the decision shall be referred
to the decision of an umpire who shall have
been appointed by them in writing before
entering on the reference and who shall
sit with the arbitrators and preside at
their meetings. The death of any party shall
not revoke or affect the authority or powers
of the arbitrator, arbitrators or umpire
respectively; and in the event of the death
of an arbitrator or umpire, another shall
in each case be appointed in his stead by
the party or arbitrators (as the case may
be) by whom the arbitrator or umpire so
dying was appointed. The costs of the reference
and of the award shall be in the discretion
of the arbitrator, arbitrators or umpire
making the award. And it is hereby expressly
stipulated and declared that it shall be
a condition precedent to any right of action
or suit upon this Policy that the award
by such arbitrator or umpire of the amount
of the loss or damage if disputed shall
be first obtained. |
| |
|
8. |
ALTERATIONS AND REMOVALS |
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|
|
Under any
of the following circumstances the insurance
cease to attach as regards the property
affected unless the insured, before the
occurrence of any loss or damage obtains
the sanction of the Company signified by
endorsement upon the Policy, by or on behalf
of the Company. |
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|
|
(a) |
if the
trade or manufacture carried on be altered,
or if the nature of the occupation of or
other circumstances affecting the building
or containing the insured property be changed
in such a way as to increase the risk of
loss or damage. |
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|
(b) |
If the
building insured or containing the insured
property becomes unoccupied and so remains
for a period of more than 30 days. |
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(c) |
If the
property Insured be removed to any building
or place other than that in which it is
stated herein to be insured. |
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(d) |
If the
interest in the property insured passes
from the Insured otherwise than by will
or operation of law. |
| |
|
9. |
CLAIMS |
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|
|
If any
event giving rise to or likely to give rise
to a claim under this Policy comes to his
knowledge the Insured shall |
|
|
|
(a) |
immediately |
|
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|
|
(i) |
take steps
to minimise the loss or damage and recover
any missing property |
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|
(ii) |
give notice
in writing to the Company and |
|
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|
|
(iii) |
give notice
to the police if the event be theft or suspected
theft or wilful or malicious damage |
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|
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(b) |
within
30 days or such further time as the Company
may in writing allow deliver to the Company |
|
|
|
|
(i) |
a claim
in writing for the loss or damage containing
as particular an account as may be reasonably
practical of all the several articles or
items of property lost or damaged and the
amount of loss or damage thereto respectively,
having regard to their value at the time
of the loss or damage |
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|
|
|
(ii) |
particulars
of all other insurances if any.
The Insured shall at all times at his own
expense produce, procure and give to the
Company all such further particulars, plans,
specifications, books, vouchers, invoices,
duplicates or copies thereof, documents,
proofs and information with respect to the
claim and the origin and cause of the loss
or damage and the circumstances under which
the loss of damage occurred, and any matter
touching the liability or the amount of
liability of the Company as may be reasonably
required by or on behalf of the Company
together with a declaration on oath or in
other legal form of the truth of the claim
and any matters connected therewith. |
| |
|
10. |
COMPANY' S RIGHTS |
|
|
|
On the
happening of any loss or damage to any of
the property insured by this Policy the
Company may |
|
|
|
(a) |
enter and
take and keep possession of the building
or premises where the loss or damage has
happened. |
|
|
|
(b) |
take possession
of or require to be delivered to it any
property of the Insured in the buildings
or on the premises at the time of the loss
or damage. |
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|
|
(c) |
keep possession
of any such property and examine, sort,
arrange, remove or otherwise deal with the
same. |
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|
(d) |
sell any
such property or dispose of the same for
account of whom it may concern. |
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|
The powers
conferred by this Condition shall be exercisable
by the Company at any time until notice
in writing is given by the Insured that
he makes no claim under this Policy or,
if any claim is made, until such claim is
finally determined or withdrawn, and the
Company shall not by any act done in the
exercise or purported exercise of its powers
hereunder, incur any liability to the Insured
or diminish its rights to rely upon any
of the Conditions of this Policy in answer
to any claim.
If the Insured or any person acting on his
behalf shall not comply with the requirements
of the Company, or shall hinder or obstruct
the Company in the exercise of its powers
hereunder, all benefit under this policy
shall be forfeited.
The Insured shall not in any case be entitled
to abandon any property to the Company whether
taken possession of by the Company or not.
|
| |
|
11. |
REPAIR OR REPLACEMENT |
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|
|
The Company
may at its option, repair or replace the
property damaged or destroyed, or any part
thereof, instead of paying the amount of
the loss or damage, or may join with any
other Company or Insurers in so doing, but
the Company shall not be bound to repair
exactly or completely, but only as circumstances
permit and in reasonably sufficient manner,
and in no case shall the Company be bound
to expend more in repair than it would have
cost to repair such property as it was at
the time of the occurrence of such loss
or damage, nor more than the sum insured
thereon.
If the Company so elects to repair or replace
any property the Insured shall, at his own
expense, furnish the Company with such plans,
specifications, measurements, quantities
and such other particulars as the Company
may require, and no acts done, or caused
to be done by the Company with a view to
repair or replacement shall be deemed an
election by the Company to repair or replace.
If in any case the Company shall be unable
to repair or replace the property hereby
insured, because of any municipal or other
regulations in force affecting the alignment
of streets, or the construction of buildings,
or otherwise, the Company shall, in every
such case, only be liable to pay such sum
as would be required to repair or replace
such property if the same could lawfully
be repaired to its former condition. |
| |
|
12. |
TIME LIMIT |
|
|
|
In no case
whatever shall the Company be liable for
any loss or damage after the expiration
of twelve months from the happening of the
loss or damage unless the claim is the subject
of pending action or arbitration. |
| |
|
13. |
REASONABLE PRECAUTIONS |
|
|
|
The Insured
shall maintain the property in a proper
state of repair and take all reasonable
precautions to prevent Damage thereto. |