Common use of PERILS EXCLUDED Clause in Contracts

PERILS EXCLUDED. This Form does not insure loss or damage caused: (a) by or resulting from the weight of any load, including the load block and all rigging, exceeding the registered maximum lifting or carrying capacity of any machine; (b) mechanical breakdown; nor against damage to electrical apparatus caused by artificial generated electrical currents including arcing, unless fire ensues and then only for loss or damage by such ensuing fire; (c) by a criminal or wilful act or omission of the insured; (d) by wear and tear, rust or corrosion, latent defect, gradual depreciation or deterioration or any quality in property that causes it to damage or destroy itself, inherent vice, faulty or improper material, design, or workmanship, unless fire or explosion ensues and then only for direct loss or damage caused by such ensuing fire or explosion; (e) delay, loss of use or loss of market; (f) by or resulting from dampness or dryness of atmosphere, or changes in or extremes of temperature, freezing or heating; (g) gnawing, nesting or infestation, or discharge or release of waste products or secretions, by animals, including but not limited to, insects, birds, and rodents. If the gnawing, nesting or infestation, or discharges or release of water product or secretions results in an insured peril, this form will cover the resultant loss or damage. (h) shrinkage, evaporation, loss of weight, leakage of contents, exposure to light, change in colour or texture or finish, contamination, marring, scratching or crushing; (i) mysterious disappearance or shortage of equipment disclosed on taking inventory; (j) from any dishonest or criminal act, theft or attempted theft committed on the part of the Insured or any other party or interest, employees or agents of the Insured, or anyone to whom the insured property may be entrusted, bailees for hire excepted or when the Insured or any other party or interest, employees or agents of the Insured knew or ought to have known prior to the loss or damage, of the dishonest or criminal act, but this exclusion does not apply to physical damage, caused directly by employees of the Insured, which results from a peril otherwis e insured and not otherwise excluded under this form; (k) directly or indirectly by breaking through ice, or by subsidence into muskeg, swamp, sand, or other surface. (l) by civil commotion, war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military power; (1) by any nuclear incident as defined in the Nuclear Liability Act or any other nuclear liability act, law or statute, or any law amendatory thereof or nuclear explosion, except for ensuing loss or damage which results directly from fire, lightning or explosion of natural, coal or manufactured gas; (2) by contamination by radioactive material; (n) proximately or remotely, arising in consequence of or contributed to by enforcement of any by-law, regulation, ordinance, or law regulating zoning or the demolition, repair or construction of buildings or structures, which by-law, regulation, ordinance or law makes it impossible to repair or reinstate the property as it was immediately prior to the loss. (1) loss or damage caused directly or indirectly by any actual or alleged spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of “pollutants”, nor the cost or expense of any resulting “clean up”, but this exclusion does not apply: (i) if the spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of “pollutants” is the direct result of a peril not otherwise excluded under this form; (ii) to loss or damage caused directly by a peril not otherwise excluded under this form; (2) cost or expense for any testing, monitoring, evaluating or assessing of an actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of “pollutants”