Common use of Insurance Claims Clause in Contracts

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United Kingdom

Appears in 4 contracts

Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk

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Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 500,000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 1,000,000 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 500,000 any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomLimited to the British Isles. Overseas insurance shall be determined by the Contracting Authority and will be included in the further competition. Period of insurance From the Framework Commencement Date for the Framework Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed [£ threshold to be agreed with Supplier] for each and every third party property damage claim (personal injury claims to be paid in full). 

Appears in 2 contracts

Samples: Services Framework Agreement, Services Framework Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 1000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.    ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 5,000,000 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 5,000,000 any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomPERIOD OF INSURANCE From the Framework Commencement Date for the Framework Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed [£ threshold to be agreed with Supplier] for each and every third party property damage claim (personal injury claims to be paid in full).  

Appears in 2 contracts

Samples: Vehicle Lease and Fleet Management Framework Agreement, Framework Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 [insert sum as determined by CCS relative to its contract management requirement] relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than five million pounds (£10,000,000 5,000,000) in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in any one occurrence and in the aggregate per annum in respect of products and pollution liabilityannum. TERRITORIAL LIMITS United KingdomLIMITS

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Panel Services and/or this Framework Panel Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Panel Services or this Framework Panel Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 [REDACTED] relating to or arising out of the provision of the Goods and/or Panel Services or this Framework Panel Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Panel Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Panel Services and in connection with this Framework Panel Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 [REDACTED] in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in [REDACTED] any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomGreat Britain and Northern Ireland PERIOD OF INSURANCE From the Panel Commencement Date for the Panel Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed Unlimited for each and every third party property damage claim (personal injury claims to be paid in full).

Appears in 2 contracts

Samples: Panel Agreement, Panel Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 5,000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.    ANNEX 1: REQUIRED INSURANCES PART Part A: THIRD PARTY PUBLIC Third Party Public & PRODUCTS LIABILITY INSURANCE Products Liability Insurance INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and 14)and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 1,000,000 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 1,000,000 any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomNOT USED PERIOD OF INSURANCE From the Framework Commencement Date for the Framework Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed 10% for each and every third party property damage claim (personal injury claims to be paid in full).  

Appears in 1 contract

Samples: Network Services Framework Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or and Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or and Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 5% of the policy, relating to or arising out of the provision of the Goods and/or and Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or and Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 1,000,000.00 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 1,000,000.00 any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomUK PERIOD OF INSURANCE From the Framework Commencement Date for the Framework Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed £1000 for each and every third party property damage claim (personal injury claims to be paid in full). PART B: NOT USED PART C: UNITED KINGDOM COMPULSORY INSURANCES

Appears in 1 contract

Samples: Framework Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of Professional indemnity insurance with a minimum limit of indemnity of one million pounds sterling (£30,000 relating 1,000,000) for each individual claim (or such higher limit as required by Law) and shall ensure that all agents, professional consultants and Sub-Contractors involved in the supply of Goods and/or Services effect and maintain such professional indemnity insurance for the period of this Framework Agreement; Public liability insurance adequate to cover all risks in the performance of this Framework Agreement and any Call Off Contract from time to time with a minimum limit of one million pounds sterling (£2,000,000) for each individual claim (or such higher limit as required by Law from time to time; Product liability insurance with a minimum limit in respect of product liability insurance of one million pounds sterling (£2,000,000) aggregate per Year (or such higher limit as required by Law from time to time); and Employer's liability insurance in respect of the Supplier’s employees with a minimum limit of five million pounds sterling (£5,000,000) (or such higher minimum limit as required by Law from time to time) and shall ensure that all agents, professional consultants and Sub-Contractors involved in the supply of the Services effect and maintain such own Employer’s indemnity insurance for the period of this Framework Agreement. Relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.    ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 2 million sum to be determined by the Authority in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 2millon sum to be determined by the Authority any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomPERIOD OF INSURANCE From the Framework Commencement Date for the Framework Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed [£ threshold to be agreed with Supplier] for each and every third party property damage claim (personal injury claims to be paid in full).  

Appears in 1 contract

Samples: Postal Goods and Services Framework Agreement

Insurance Claims. The Supplier Contractor shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier Contractor shall co-operate with the Authority and assist it in dealing with such claims at its own expense including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier Contractor shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of one hundred thousand pounds (£30,000 100,000) relating to or arising out of the provision of the Goods Services and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier Contractor shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier Contractor shall be liable for such excess or deductible. The Supplier Contractor shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.] 41FORCE MAJEURE EVENTS For the purposes of this Agreement the expression "Force Majeure Event" shall mean the occurrence after the Effective Date of this Agreement of: war, civil war, armed conflict or terrorism other than as provided for in this Agreement; or nuclear, chemical or biological contamination unless the source or cause of the contamination is as a result of the acts of or breaches by the Contractor or its Sub-contractors of any tier and other than as provided for in this Agreement, which directly causes either Party to be unable to comply with all or a material part of its obligations under this Agreement.  ANNEX 1Such cause shall only be considered a Force Majeure Event in the case of the Contractor if it is not attributable to a failure by the Contractor to take reasonable precautions. The Parties shall be relieved from liability under this Agreement: REQUIRED INSURANCES PART Ato the extent that by reason of a Force Majeure Event they are not able to perform their obligations under this Agreement; and the Party intending to claim relief has forthwith upon becoming aware of a Force Majeure Event which gives rise to, or which is likely to give rise to any failure or delay on its part, given notice of its intention to claim relief to the other Party by the most expeditious method then available. Where that notice is not given in writing the Party shall confirm the notice in writing within twenty-four (24) hours. Any notice given under Clause above shall contain any relevant information relating to the Force Majeure Event as is available, the actions being taken to remedy the failure or delay and the period which it is estimated that the failure or delay shall continue. Notwithstanding the occurrence of a Force Majeure Event: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured Authority shall pay the Charges properly due for (or such portion of the Charges applicable to) the elements of the Services which are actually performed by the Contractor in accordance with this Agreement for the duration of such Force Majeure Event. Notwithstanding the foregoing sentence, where as a result of a Force Majeure Event (where the Contractor or any of its Sub-contractors is the affected party), the supply of any of the Services is degraded or otherwise impaired, the Charges in respect of all sums such affected Services shall be reduced reasonably to reflect the level of degradation or impairment of the affected Services, including any Deliverables; and the Authority shall be entitled to all rights and remedies applicable to non-performance which are unrelated to the Force Majeure Event. As soon as practicable after the occurrence of a Force Majeure Event: the Party affected shall take all necessary steps to remedy the failure to perform and relief under this Clause 41 shall cease to be available to a Party if it fails so to take all necessary steps to remedy the failure; and the Parties shall consult at regular intervals to agree any steps to be taken, and an appropriate timetable in which those steps should be taken, to enable continued provision of the affected Services (on a temporary or permanent basis) including provision of the Deliverables by alternative means or by re-instatement of the applicable part of the System. The Parties shall at all times following the occurrence of a Force Majeure Event use all reasonable endeavours to prevent and mitigate the effects of any delay and the Contractor shall at all times during which a Force Majeure Event is subsisting take all reasonable steps in accordance with Good Industry Practice to overcome or minimise the consequences of the Force Majeure Events. It is expressly agreed that any failure by the Contractor to perform or any delay by the Contractor in performing its obligations under this Agreement: which results from any failure or delay in the performance of its obligations by any person, firm or company with which the Insured Contractor shall become legally liable to pay as damageshave entered into any contract, including claimant's costs and expenses, supply arrangement or Sub-Contract or otherwise; and/or in respect of accidental: death which the Contractor is required to have put in place security, recovery or bodily injury other back-up arrangements under this Agreement shall be regarded as a failure or delay due to a Force Majeure Event only to the extent that such person firm or sicknesscompany shall itself be prevented from or delayed in complying with its obligations under such contract, illness supply arrangement or disease contracted Sub-Contract or otherwise as a result of circumstances of a Force Majeure Event or the relevant security, recovery or other back-up arrangements are similarly affected by any person; loss the Force Majeure Event. Where a Force Majeure Event has a material adverse effect on the performance of or damage to property; happening during obligations under this Agreement by either Party for a period longer than one (1) month then the Authority may, following consultation for a further period of insurance not less than one (1) month to seek to reach a solution acceptable to both Parties, terminate this Agreement or the Service or Services concerned by notice to the Contractor having immediate effect. The affected Party shall notify the other Party as specified in Paragraph 5 of soon as practicable after the Force Majeure Event ceases or no longer causes the affected Party to be unable to comply with its obligations under this Annex 1 Agreement. Following such notification this Agreement shall continue to this Schedule 14) and arising out of or in connection with be performed on the provision terms existing immediately prior to the occurrence of the Goods and/or Services Force Majeure Event. The rights of the Authority under Clause 41.7 shall expire, if not exercised, if and when the relevant Force Majeure Event has ended. Save as expressly set out in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 Clause 41 none of the Authority, its servants or agents shall have any liability to the Contractor in respect relation to any Loss or Claim which the Contractor suffers or incurs as a result of any one occurrenceForce Majeure Event and, accordingly, as between the number of occurrences being unlimited, but £10,000,000 in Parties any one occurrence and in such Loss or Claim shall be borne by the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomContractor.

Appears in 1 contract

Samples: data.gov.uk

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 [insert sum as determined by CCS relative to its contract management requirement] relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.    ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 5 million in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 5 million any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomPERIOD OF INSURANCE From the Framework Commencement Date for the Framework Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed [£ threshold to be agreed with Supplier] for each and every third party property damage claim (personal injury claims to be paid in full).  

Appears in 1 contract

Samples: Template Framework Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority Fund receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority Fund and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority Fund is the claimant party, the Supplier shall give the Authority Fund notice within twenty (20) Working Days after any insurance claim in excess of £30,000 10,000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the AuthorityFund) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority Fund any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.    ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 5,000,000 in respect of any one occurrenceoccurrence for non-capital projects and not less than £10,000,000 for capital projects, the number of occurrences being unlimited, but £10,000,000 in 5,000,000 (or £10,000,000) any one occurrence and in the aggregate per annum in respect of products and pollution liability. The Fund is working to reduce the burden of clause 3.1 and will be discussing the impact as part of the clartrification phase. TERRITORIAL LIMITS United KingdomWales PERIOD OF INSURANCE From the Framework Commencement Date for the Framework Period and renewable on an annual basis unless agreed otherwise by the Fund in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed £10,000 for each and every third party property damage claim (personal injury claims to be paid in full).  

Appears in 1 contract

Samples: www.contractsfinder.service.gov.uk

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 20,000,000.00 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 20,000,000.00 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 5,000,000 any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomUK and Overseas PERIOD OF INSURANCE From the Framework Commencement Date for the Framework Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed [£ threshold to be agreed with Supplier] for each and every third party property damage claim (personal injury claims to be paid in full). 

Appears in 1 contract

Samples: assets.crowncommercial.gov.uk

Insurance Claims. The Supplier Following the Closing, but with respect only to occurrences occurring prior to Closing: (a) Seller and the Continuing Affiliates shall promptly notify provide Pearle and the Subsidiaries with (i) the benefit of such existing workers compensation or general liability, automobile liability or other insurance policies as currently cover Pearle and the Subsidiaries and (ii) the benefit of such existing claims made policies, including director and officer and pension trust liability insurance policies, which policies will be continued in force by Seller or a Continuing Affiliate for claims made after the Closing Date based upon wrongful acts committed or allegedly committed prior to insurers any matter arising fromthe Closing Date, but only to the extent Seller or in relation tosuch Continuing Affiliate is able, using its reasonable best efforts (which shall not require the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any expenditure of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim funds in excess of £30,000 amounts reimbursed as provided in Section 6.15(b), or the filing of any lawsuit), to obtain such benefits and (b) Buyer shall, or shall cause Pearle or a Subsidiary to, promptly reimburse Seller or any such Continuing Affiliate, with respect to any amounts required to be paid after the Closing Date by Seller and the Continuing Affiliates with respect to insurance premiums, including any taxes, assessments and claims handling charges, and deductibles or self-insured retentions applicable to such policies. Notwithstanding the foregoing, nothing in this Agreement shall prevent or interfere with Seller's or any of its Continuing Affiliates' right to terminate or otherwise discontinue any insurance policy applicable to losses relating to or claims arising out of from incidents occurring after the provision of the Goods and/or Services or this Framework Agreement on Closing Date for any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damagesreason, including claimant's costs and expenseswithout limitation, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision settlement or discharge of any claim. Buyer agrees to assume any obligation of Seller or any of its Continuing Affiliates to provide collateral or security on behalf of Pearle or any Subsidiary with respect to such insurance polices covering workers' compensation, general liability, product liability and auto liability; PROVIDED that the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 aggregate amount of collateral or security in respect of any one occurrence, such coverage shall not be required to exceed at any time the number sum of occurrences being unlimited, but £10,000,000 in any one occurrence (a) the reserves then allocable to the liability covered thereby and in (b) the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United Kingdomapplicable claims handling expenses.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cole National Corp /De/)

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Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Dynamic Purchasing System Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Dynamic Purchasing System Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of one million (£30,000 1,000,000.00) pounds relating to or arising out of the provision of the Goods and/or Services or this Framework Dynamic Purchasing System Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Dynamic Purchasing System Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Dynamic Purchasing System Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 5,000,000.00 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 5,000,000.00 any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomKingdom PERIOD OF INSURANCE From the DPS Commencement Date for the Dynamic Purchasing System Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed [£ threshold to be agreed with Supplier] for each and every third party property damage claim (personal injury claims to be paid in full).  PART B: PROFESSIONAL INDEMNITY INSURANCE – NOT USED  PART C: UNITED KINGDOM COMPULSORY INSURANCES

Appears in 1 contract

Samples: Dynamic Purchasing System Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority Fund receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority Fund and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority Fund is the claimant party, the Supplier shall give the Authority Fund notice within twenty (20) Working Days after any insurance claim in excess of £30,000 10,000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the AuthorityFund) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority Fund any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.    ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 1,000,000 in respect of any one occurrence, occurrence the number of occurrences being unlimited, but £10,000,000 in any one occurrence . The Fund is working to reduce the burden of clause 3.1 and in will be discussing the aggregate per annum in respect impact as part of products and pollution liabilitythe clartrification phase. TERRITORIAL LIMITS United KingdomUK

Appears in 1 contract

Samples: Framework Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of one million pounds £30,000 1,000,000.00 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 5,000,000.00 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 5,000,000.00 any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United Kingdom

Appears in 1 contract

Samples: Model Framework Agreement

Insurance Claims. The Supplier (a) Buyer shall promptly notify be solely responsible from and after the Closing for providing or procuring insurance for the Company Entities. Buyer acknowledges and agrees that all insurance arrangements maintained by Sellers and their Affiliates for the benefit of the Company Entities (each a “Seller Policy” and, collectively, the “Seller Policies”) will be terminated as of the Closing and the Company Entities will cease to insurers any matter arising frombe insured by, have access or in relation availability to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to make claims on, or claim under benefits or seek coverage under, any Seller Policies or self-insurance programs; provided, however, that in respect of any claims arising from a casualty event with respect to the Assets of a Company Entity occurring during the Interim Period (an “Interim Casualty Event”), subject to the terms and conditions of the applicable Seller Policies, (i) to the extent a claim can be made prior to the Closing Date, the Sellers or the Company Entities shall make a claim on the applicable occurrence-based Seller Policies covering the Company Entities with respect to such Interim Casualty Event and (ii) to the extent a claim cannot be made prior to the Closing Date, the Company Entities may make claims following the Closing Date on any of the Insurancesapplicable occurrence-based Seller Policies covering the Company Entities at the time of such event or occurrence; provided, further, Sellers shall have no obligation to pay or reimburse Buyer or the Company Entities for, all deductibles and retentions and all uninsured, uncovered, unavailable or uncollectable amounts relating to or associated with such claims. In the event that the Authority receives of a claim relating to casualty event impacting multiple Projects and/or other projects owned by Sellers or arising out of the Goods and/or Services or this Framework Agreementtheir Affiliates, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 relating recovery under an applicable Seller Policy will be allocated appropriately among the impacted projects and paid to the owner or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application owners of the applicable policy excessProjects and/or other projects. With respect to any such claim, would be made Sellers shall submit such claim or use best efforts to assist Buyer and the Company Entities in asserting any such claims and use their best efforts to administer such claims on any behalf of Buyer or the Company Entities and to seek reasonable recovery under the applicable provisions of the Insurances Seller Policy covering such losses of the Company Entities to the same extent as it would if such losses were losses of Sellers and to the extent that the terms and conditions of any such Seller Policies so allow. To the extent any recovery is paid to the Sellers under any such Seller Policy, Sellers shall (A) retain any business interruption or lost-profits recovery for periods prior to the Closing Date and pay any business interruption or lost-profits recovery for periods after the Closing Date to Buyer within 30 days after receipt thereof and (if required by B) retain any recovery amount reimbursing Sellers or the Authority) full details Company Entities for its out-of-pocket costs paid prior to the Closing Date to repair or restore the Assets of the incident giving rise Company Entity that were the subject to the claim. Where Interim Casualty Event and pay any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject other recovery amount to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomBuyer within 30 days after receipt thereof.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Ormat Technologies, Inc.)

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 5,000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.    ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and 14)and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 1,000,000 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 1,000,000 any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United KingdomNOT USED PERIOD OF INSURANCE From the Framework Commencement Date for the Framework Period and renewable on an annual basis unless agreed otherwise by the Authority in writing. COVER FEATURES AND EXTENSIONS Indemnity to principals clause. PRINCIPAL EXCLUSIONS War and related perils. Nuclear and radioactive risks. Liability for death, illness, disease or bodily injury sustained by employees of the Insured during the course of their employment. Liability arising out of the use of mechanically propelled vehicles whilst required to be compulsorily insured by applicable Law in respect of such vehicles. Liability in respect of predetermined penalties or liquidated damages imposed under any contract entered into by the Insured. Liability arising out of technical or professional advice other than in respect of death or bodily injury to persons or damage to third party property. Liability arising from the ownership, possession or use of any aircraft or marine vessel. Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence. MAXIMUM DEDUCTIBLE THRESHOLD Not to exceed 10% for each and every third party property damage claim (personal injury claims to be paid in full).  

Appears in 1 contract

Samples: Framework Agreement

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority Fund receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority Fund and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority Fund is the claimant party, the Supplier shall give the Authority Fund notice within twenty (20) Working Days after any insurance claim in excess of £30,000 10,000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the AuthorityFund) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority Fund any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.    ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 100,000 in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 100,000 any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United Kingdom

Appears in 1 contract

Samples: www.contractsfinder.service.gov.uk

Insurance Claims. The Supplier shall promptly notify to insurers any matter arising from, or in relation to, the Goods and/or Services and/or this Framework Agreement for which it may be entitled to claim under any of the Insurances. In the event that the Authority receives a claim relating to or arising out of the Goods and/or Services or this Framework Agreement, the Supplier shall co-operate with the Authority and assist it in dealing with such claims including without limitation providing information and documentation in a timely manner. Except where the Authority is the claimant party, the Supplier shall give the Authority notice within twenty (20) Working Days after any insurance claim in excess of £30,000 500,000 relating to or arising out of the provision of the Goods and/or Services or this Framework Agreement on any of the Insurances or which, but for the application of the applicable policy excess, would be made on any of the Insurances and (if required by the Authority) full details of the incident giving rise to the claim. Where any Insurance requires payment of a premium, the Supplier shall be liable for and shall promptly pay such premium. Where any Insurance is subject to an excess or deductible below which the indemnity from insurers is excluded, the Supplier shall be liable for such excess or deductible. The Supplier shall not be entitled to recover from the Authority any sum paid by way of excess or deductible under the Insurances whether under the terms of this Framework Agreement or otherwise.  ANNEX 1: REQUIRED INSURANCES PART A: THIRD PARTY PUBLIC & PRODUCTS LIABILITY INSURANCE INSURED The Supplier INTEREST To indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay as damages, including claimant's costs and expenses, in respect of accidental: death or bodily injury to or sickness, illness or disease contracted by any person; loss of or damage to property; happening during the period of insurance (as specified in Paragraph 5 of this Annex 1 to this Schedule 14) and arising out of or in connection with the provision of the Goods and/or Services and in connection with this Framework Agreement. LIMIT OF INDEMNITY Not less than £10,000,000 5million in respect of any one occurrence, the number of occurrences being unlimited, but £10,000,000 in 5million any one occurrence and in the aggregate per annum in respect of products and pollution liability. TERRITORIAL LIMITS United Kingdom

Appears in 1 contract

Samples: Framework Agreement

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