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| (A) |
All sums
which the Insured shall become legally liable
to pay for compensation in respect of |
|
| (1) |
bodily injury to any person |
| (2) |
loss of damage to the
property |
occurring
within the Territorial Limits during
the Period of Insurance as a result
of an accident and happening or caused
as described in the Schedule under
the hearing of Description of Risk. |
|
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| (B) |
All costs and expenses of litigation |
|
| (1) |
recovered by any claimant
against the Insured |
| (2) |
incurred with the written
consent of the Company |
in
respect of a claim against the Insured
for compensation to which the indemnity
expressed in this Policy applies. |
|
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| LIMITS
OF INDEMNITY |
| |
| The
liability of the Company under this Policy
for all compensation payable: |
| |
| (a) |
To
any claimant or any number of claimants
in respect of or arising out of any
one occurrence or in respect of or
arising out of all occurrences of
a series consequent on or attributable
to once source or original cause shall
not exceed the Limit of Indemnity
specified in the Schedule for one
Accident. |
| (b) |
In
respect of all injury and damage sustained
during any one Period of Insurance
shall not exceed the Limit of Indemnity
specified in the Schedule for any
one Period of Insurance. |
|
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| EXCEPTIONS |
| |
Unless
otherwise specially stated hereon the indemnity
expressed in this Policy shall not apply
to or include: |
| |
| 1. |
Liability
assumed by the Insured by agreement unless
such liability would have attached to the
Insured notwithstanding such agreement. |
| |
| 2. |
Liability
in respect of injury to any person who at
the time of sustaining such injury is engaged
in and upon the service of the Insured or
any member of the Insured 's family or household
or compensation Legislation. |
| |
| 3. |
Liability in respect of damage
to property |
|
| (a) |
belonging to or in the
charge of or under the control of the
Insured or of any servant or agent of
the Insured; |
| (b) |
being
that part of any goods or land or
building or structure on which the
Insured or any servant or agent of
the Insured is or has been working. |
|
| |
| 4. |
Liability in respect of injury
or damage caused by or in connection with
or arising from: |
|
| (a) |
The
ownership or possessing or use by
or behalf of the Insured of any animal
cycle vehicle locomotive vessel of
any kind aircraft lift elevator escalator
crane hoist or other lifting machinery
not specified in the Schedule under
the heading of Plant. |
| (b) |
Fire earthquake explosion
flood fumes or water/air pollution. |
| (c) |
Defective
sanitary installation or poisoning
of any kind or foreign or deleterious
matter in food or drink. |
|
| |
| 5. |
Liability
in respect of or arising from damage to
any land or property or building caused
by vibration or by the removal or weakening
of support. |
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| 6. |
Liability
for any consequence whether direct or indirect
of war invasion of act of foreign enemy
hostilities (whether war be declared or
not) civil war rebellion revolution insurrection
or military or usurped power. |
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| 7. |
Liability
of whatsoever nature directly or indirectly
caused by or contributed to by or arising
from jonising radiations or contamination
by radioactivity from any nuclear fuel or
from ant nuclear waste from the combustion
of nuclear fuel. |
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| CONDITIONS |
| |
| 1. |
This insurance
shall not commence until the Premium has
been actually paid to and acceptable by
the company and the Company's official acceptance
letter or Policy has been issued, and no
payment in respect of any premium shall
be deemed to be payment to the Company unless
to printed form or receipt signed by an
official or duty authorized representative
of the Company shall have issued therefor. |
| |
| 2. |
Every notice
or communication to the Company shall be
in writing and sent to the Company from
which this Policy was issued and notice
or Knowledge of anything relating to this
Policy or any claim hereunder or which reference
to any of the property or premises insured
hereunder shall not be deemed to be notice
to or which the knowledge of the Company
unless the so given in the names herein
provided. No alteration In the terms of
this Policy, nor any endorsement hereon,
will be held valid unless the same is signed
or initialed by an authorized representative
of the Company. |
| |
| 3. |
The Insured
shall give notice to the Company of any
accident or claim or proceeding immediately
the same shall have come to the knowledge
of the Insured or his representative. |
| |
| 4. |
The Insured
shall not without the consent in writing
of the Company repudiate liability negotiate
or makes any admission after premised or
payment in connection with any accident
or claim and the Company shall be entered
if it so desires to take over and conduct
in the name of the Insured the defense of
any claim or to prosecute in the name of
the Insured at it own expense and for it
own benefit any claim for indemnity or the
product of any proceedings and in the settlement
of any claim and the Insured shall give
all such information and assistance as the
Company may require. |
| |
| 5. |
If it shall
so desire the Company mat at any time or
stage of proceeding discharge its liability
hereunder by paying to the Insured the limit
of Indemnity in respect of any one accident
or balance of such Limit of Indemnity any
payment has already been made in respect
of any claims arising out of the accident
and it the event of it so doing the Company
shall cease to have to the conduct and control
of the negotiations action or proceedings
in conduction with the claims and shall
not responsible for any costs or expenses
in connection herewith incurred after the
date of the payment aforesaid not for any
loss which the Insured may claim to the
sustained by reason of the Company having
acted as herein provided. |
| |
| 6. |
If the
premium in the Policy has been calculated
on any estimates furnished by the Insured,
the Insured shall keep and accurate record
containing all particulars relative thereto
and shall at all times allow the Company
to respect such record. The Insured shall
within one month for the expiry of each
Period of any Insurance furnish to the Company
such particulars and information as the
Company may require. The premium for such
period shall thereupon be adjusted and the
difference paid by or allowed to the Insured
as the case may be. |
| |
| 7. |
If at any
time or from time to time any charg shall
occur materially varying any of the facts
existing at the date of the proposal, the
Insured shall within seven days give notice
to the Company and shall pay such additional
premium as the Company may require. |
| |
| 8. |
If any
time of any claim arising under this Policy
there shall be any Insurance covering the
risk or any part thereof, the Company shall
not be liable for more than its ratable
proportion thereof. |
| |
| 9. |
This Policy
may be cancelled at any time by seven days
notice by registered letter from the Company
to the Insured' s last known address and
in such event the Company will return a
pro rata portion of the premium for the
unexpired part of the Period of Insurance. |
| |
| 10. |
The insured
shall exercise reasonable care that only
steady sober and competent employees are
employed that all buildings, way, works,
plant, machinery, furniture and fittings
are substantial and sound in proper order
and fit for the purposes for which they
are used and that all statutory requirement
and all bye-law and regulations imposed
by public authority are duly observed and
complied with. Upon any defect being brought
to his notice, the insured shall forthwith
proceed to make good the same and shall
take such temporary precautions to prevent
accident as the circumstances may require
but so far as practicable no alteration
or repair shall without the consent of the
Company be made after any occurrence covered
by this Policy until the Company shall have
had an opportunity of inspecting. The Company
shall at all reasonable times have free
access to inspect any property. In the event
of any defect or under being apparent to
the Company's inspector the Company may
give notice with writing to the Insured
and thereupon all liability of Company in
respect thereof or arising therefrom shall
be suspended until the same be cured or
removed to the satisfaction of the Company. |
| |
| 11. |
All differences
arising out of this Policy shall be referred
to the decision of an Arbitrator to be appointed
in writing by the parties in difference
or if they cannot agree upon a single Arbitrator
to the decision of two Arbitrators one to
be appointed in writing by each the parties
within one calendar month after having been
required in writing so to do either of the
parties or in case the Arbitrators do not
agree of an Umpire appointed by the Arbitrators
before entering upon the reference. The
Umpire shall sit with the Arbitrators and
preside at their meeting and the making
of an Award shall be condition president
to any right of action against the Company.
If the Company shall disclaim liability
to the Insured for any claim hereunder and
such claim within twelve calendar months
from the date of such disclaimer have been
referred to arbitration under the provisions
then the claim shall for all purposes be
deemed to have been abandoned and shall
not thereafter be recoverable hereunder. |
| |
| 12. |
The due
observance and fulfillment of the terms,
conditions and endorsements of this Policy
in so far as they relate to anything to
be done or complied with by the Insured
and the truth of the statements and answer
in the said proposal shall be conditions
precedent to any liability of the Company
to make any payment under this Policy. |
| |
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IMPORTANT
NOTICE |
| |
| |
The Policy Wording
displayed above is meant for reference
only, and should under no circumstances
be used without the express written
consent of Asia Insurance (Cambodia) Plc. |
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