Common use of Damage Cover Clause in Contracts

Damage Cover. Provided You and/or the Authorised Operator act within the terms and conditions of this Agreement, You and/or the Authorised Operator will receive the benefit of the Company’s insurance cover with its insurer in respect of damage to the PWC and/or damage to any third party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control (cover also includes your legal costs incurred with the insurer’s written consent). This cover is also subject to: (a) You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on hire agreement; (b) You and/or the Authorised Operator not having breached any terms and conditions of this Agreement; (c) You and/or the Authorised Operator not being covered under any other policy of insurance; and (d) You providing such information and assistance as may be requested by the Company’s insurer or anyone acting on behalf of the Company’s Insurer. If cover is provided then the Company’s insurer may bring, defend or settle any legal proceedings in its sole discretion and the Company’s insurer shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Operator.

Damage Cover. Provided You and/or the Authorised Operator act within the terms and conditions of this Agreement, You and/or the Authorised Operator will receive the benefit of the Company’s insurance cover with its insurer in respect of damage to the PWC Boat/Equipment and/or damage to any third party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control (cover also includes your legal costs incurred with the insurer’s written consent). This cover is also subject to: (a) You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on hire agreement; (b) You and/or the Authorised Operator not having breached any terms and conditions of this Agreement; (c) You and/or the Authorised Operator not being covered under any other policy of insurance; and (d) You providing provide such information and assistance as may be requested by the Company’s insurer or anyone acting on behalf of the Company’s Insurer. If cover is provided then the Company’s insurer may bring, defend or settle any legal proceedings in its sole discretion and the Company’s insurer shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Operator.