Common use of Nuclear Risks Clause in Contracts

Nuclear Risks. a. Liability imposed by or arising from any nuclear liability act, law or statute, or any amendment to these. b. “Bodily or mental injury”, “property damage” or “personal and advertising injury” with respect to which any Insured is also insured under a contract of nuclear energy liability insurance (whether that Insured is unnamed in such contract and whether or not it is legally enforceable by that Insured) issued by the Nuclear Insurance Association of Canada or any other insurer or pool of insurers, or would be an insured under any such contract but for its termination upon exhaustion of its limit of liability. c. “Bodily or mental injury”, “property damage” or “personal and advertising injury” resulting directly or indirectly from the “nuclear energy hazard” arising from: i. the ownership, maintenance, operation or use of a “nuclear facility” by or on behalf of any Insured; ii. the furnishing by any Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any “nuclear facility”; or iii. the possession, consumption, use, handling, disposal or transportation of “fissionable substances” or of other “radioactive material” used, distributed, handled or sold by any Insured. Exclusions III. 3. a., b. and c. apply regardless of any other contributing or aggravating cause or event that contributes concurrently or in any sequence to the “bodily or mental injury”, “property damage” or “personal and advertising injury”.