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Schedule 10 insurance final redacted version .pdf



Original filename: Schedule 10 insurance final redacted version.pdf
Title: 1.2.11 Schedule 10 – Required Insurances
Author: Transaction Documentation CD From Simmons & Simmons

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Schedule 10 - Required lnsurances

SCHEDULE 10
REQUIRED INSURANCES
This Schedule 10 comprises five PartsPART 1:

Policies to be taken out by the Contractor and maintained during the
Works Period

PART 2:

Policies to be taken out by the Contractor and maintained during the
Interim Services Period and the Services Period

PART 3:

Policies to be taken out by the Contractor and maintained during the
Works Period

PART 4 :

Endorsements

PART 5:

Broker's Letter of Undertaking

PART 6:

Insurance Premium Risk Sharing

Schedule 10- Required lnsurances

SCHEDULE 10
REQUIRED INSURANCE$
PART 1
POLICIES TO BE TAKEN OUT BY THE CONTRACTOR AND MAINTAINED DURING THE
WORKS PERIOD
Common to each policy in Part I (unless stated otherwise):
lnsureds:
1.

Authority;

2.

The Royal London Borough of Kingston(as landlord in relation to the Villiers
Road Site);

3.

Contractor;

4.

Construction Sub-Contractor;

5.

Construction sub-contractors of any tier;

6.

Consultants and advisors to lnsureds 3 and 4 - for their site activities only,

each for their respective rights and interests in the Project.

Schedule 10 - Required lnsurances

1.

CONTRACTORS' 'ALL RISKS ' INSURANCE (CAR)

1.1

Insured Property
The permanent and temporary works, materials, goods, plant and equipment
for incorporation in the Works (other than constructional plant, tools,
accommodation and equipment belonging to or the responsibility of the
Construction Sub-Contractor or the Construction Sub-Contractor's subcontractors) and all other property used or for use in connection with works
associated with the Project.

1. 2

Coverage
"All risks" of physical loss or damage to the Insured Property unless
otherwise excluded.

1.3

Sum Insured
At all times an amount not less than the full reinstatement or replacement
value of the Insured Property, but not less than the value specified in the
Construction Sub-Contract plus provision to i nclude extensions as
appropriate.

1.4

Maximum Deductible
Three hundred fifty thousand pounds (£350,000) each and every loss i n
respect of claims for defective design, materials, workmanship (LEG03/06)
and during testing, commissioning and maintenance period reducing to One
hundred thousand (£100,000) each and every loss in respect of fire, water
damage, subsidence, collapse, earth movement, storm, tempest, windstorm
and flood and fifty thousand pounds (£50,000) any loss for all other clai ms .

1.5

Territorial Limits
United Kingdom including offsite storage and during inland transit.

1.6

Period of Insurance
From the date on which the Works commence at the Beddington Lane Site
until the Key Facility Services Commencement Date and thereafter in
respect of defects liability until expiry of the twenty-f our (24) months
defects liability period or such extended defects liability period as may be
agreed in accordance with the Construction Sub-Contract and thereafter for
the duration of the Waste Transfer Station Refurbishment Works at the
Villiers Road Site.

1. 7

Cover Features & Extensions

1. 7. 2

Munitions of war clause.

1. 7. 3

Additional costs of completion clause.

1. 7.4

Professional fees clause.

Schedule 10- Required lnsurances

1.8

1. 7.5

Debris removal clause.

1.7.6

72 hour clause.

1. 7. 7

European Union local authorities clause .

1. 7. 8

Free issue materials clause .

1. 7. 9

10% escalation clause.

1. 7.10

Automatic reinstatement of sum insured clause.

1.7.11

Loss minimisation.

1. 7. 12

Extended maintenance.

1. 7.13

Plans and documents.

1.7.14

Marine 50 I 50 clause.

1. 7.15

Payments on account.

1. 7.16

Computer data reinstatement.

1. 7.17

Testing and commissioning.

1. 7. 18

Fire Joint Code of Practice.

1. 7.19

Temporary repairs.

1. 7.20

Increased costs of constructing incomplete or unbuilt works .

1.7. 21

Offsite storage and repairs.

1.7.22

Repair/reinstatement basis of claims settlement with cash option
for non-reinstatement.

1. 7. 23

Expediting expenses.

Principal Exclusions

1.8.1

War and related perils (UK market agreed wording).

1.8.2
1.8.3

Pressure waves caused by aircraft and other aerial devices travelling
at sonic or supersonic speeds.

1.8.4

Wear, tear and gradual deteri oration.

1.8.5
1.8.6
1. 8. 7

LEG03/06 design exclusion .

Schedule 10- Required lnsurances

1. 8.8

Refractory linings exclusion .

1.8. 9

Fuel quality exclusion clause .

1.8.10

Piling clause.

2.

DELAY IN START UP INSURANCE (DSU)

2. 1

lnsureds

2.1.1

2.2

Contractor.

Indemnity

In respect of:

2.3

2.2.1

loss of anticipated Revenue during at least the Minimum Indemnity
Period arising from a delay in completion of the Works as a result of
loss or damage covered under the Contractors' All Risks' Insurance
effected in accordance with Item 1 of Part 1 of this Schedule,
including physical loss or damage which would be indemnifiable but
for the application of any deductible;

2.2.2

the economic additional expenditure necessarily and reasonably
incurred for the purpose of avoiding or reducing the loss of Revenue
of the Contractor which without such expenditure would have taken
place, during the Minimum Indemnity Period;

2.2.3

additional increased costs of working.

Sum Insured

An amount sufficient to cover the sums the subject of the Indemnity for the
Minimum Indemnity Period.
2.4

Maximum Excess

60 days.

2.5

Minimum Indemnity Period

Thirty-six (36) months.

2.6

Period of Insurance

As per the Contractors' "All Risks" Insurance, excluding the defects liability
period .

2. 7

Cover Features & Extensions

2.7.1

Denial of access.

2.7.2

Utilities.

2. 7.3

Schedule 10- Required lnsurances

2.8

2.7.4

Automatic Reinstatement of sum insured .

2. 7. 5

Professional Fees.

2.7.6

Payments on account.

2.7. 7

Specified suppliers extension.

2. 7.8

Waiver of subrogation rights against the Authority, the Construction
Sub-Contractor and its sub-contractors.

2. 7.9

Repayment of liquidated damages clause.

Principal Exclusions
2.8.1

The exclusions under the Contractors' 'All Risks' Insurance,
.

2.8.2

Delayed response by a public body or state authority.

3.

CONSTRUCTION THIRD PARTY LIABILITY INSURANCE

3.1

interest
To indemnify the lnsureds in respect of all sums that they may become
legally liable to pay (including claimant 's costs and expenses) as damages in
respect of accidental:
3.1 .1

death, or bodily injury, illness, disease contracted by any person;

3. 1. 2

loss or damage to property;

3.1.3

interference to property or any easement right of air, light, water
or way or the enjoyment or use thereof by obstruction, trespass,
nuisance, loss of amenities, or any like cause,

happening during the Period of Insurance and arising out of or in connection
with the Works .
3. 2

Limit of Indemnity
Not less than fifty million pounds (£50,000,000), in respect of any one
occurrence, the number of occurrences being unlimited, but i n the
aggregate in respect of products liability and pollution liability.

3.3

Maximum Deductible
Twenty-five thousand pounds (£25,000) for each and every occurrence of
property damage . (Personal inj ury claims will be paid in full) .

3.4

Territorial Limits
Europe and elsewhere in the world in respect of non manual visits.

Schedule 10- Required lnsurances

3.5

Jurisdiction
Worldwide excluding USA, Canada and Australia.

3.6

Period of Insurance
As per the Contractors' "All Risks" Insurance, including the defects liability
period.

3. 7

3.8

Cover Features & Extensions
3. 7. 1

Munitions of war.

3. 7.2

Cross liability clause.

3. 7.3

Contractual liability.

3. 7.4

Contingent motor.

3.7.5

Liability arising from CDM Regulations.

3. 7. 6

Health and Safety at Work Act(s) clause.

3.7.7

Costs in addition to limit.

3. 7. 8

Data Protection Act clause.

3.7.9

Insured to include directors, officers and employees of insured
parties.

3. 7. 10

Consumer Protection Act 1987.

3. 7. 11

Libel and slander.

3.7.12

Infringement of privacy or wrongful arrest .

3. 7. 13

Defence, appeal and prosecution costs relating to the Corporate
Manslaughter and Corporate Homicide Act 2007.

3.7.14

Defective Premises Act.

Principal Exclusions
3.8.1

War and related perils (UK market agreed wording).

3.8.2

Nuclear I radioactive risks (UK market agreed wording).

3.8.3

Liability for death, illness, disease or bodily injury sustained by
employees of the insured.

3.8.4

Liability arising out of the use of mechanically propelled vehicles
whilst required to be compulsorily insured by legislation in respect
of such vehicles.

3.8.5

Liability in respect of predetermined penalties or liquidated
damages imposed under any contract entered into by the Insured .

Schedule 10- Required lnsurances

3.8.6

Liability in respect of loss or damage to property i n the care,
custody and control of the insured but this exclusion is not to apply
to all property belonging to the Authority which is in the care,
custody and control of another Insured.

3.8.7

Events more properly covered under a professional i ndemnity
policy.

3.8.8

Liability ansmg from the ownership, possession or use of any
aircraft or marine vessel.

3.8. 9

Liability arising from seepage and pollution unless caused by a
sudden, unintended and unexpected occurrence.

3.8 .10

Liability arising from asbestos.

3.8.11

Liability arising from toxic mould .

3. 8. 12

Losses indemnified under the CAR policy or DSU policy.

3.8.13

Cyber risks and date recognition .

4.

MARINE CARGO INSURANCE

4.1

Insured Property
All property and interest of every description, for all transits by sea or air of
all goods i ntended for the Works where such items are carried for the
account and interest of the Insured from risk attachment at f actory premises
to Site(s), includi ng offsite storage.

4.2

Coverage
"All Risks" of physical loss or damage to the Insured Property unless
otherwise excluded .

4.3

Limit to Indemnity
Not less than t he full replacement value plus 10% for any one sending/any
one voyage.

4.4

Maximum Deductible
Fifty thousand pou nds (£50,000) each occurrence.

4.5

Territorial Limits
Worldwide.

4.6

Period of Insurance
On an 'Open ' cover basis, from the commencement of the relevant transits
until the delivery to the Site(s) plus any deferred unpacking period.

4. 7

Cover Features and Extensions

Schedule 10 - Required lnsurances

4.8

4. 7. 1

Terrorism.

4.7.2

Institute Cargo Clauses (A) .

4. 7. 3

Institute War Clauses (Cargo).

4. 7.4

Institute Strikes Clauses (Cargo) .

4. 7. 5

Overland transit to t he extent it is not covered under the
Contractor's "All Risks" Insurance specified in Item 1 of Part 1 of
this Schedule 10.

4. 7. 6

Institute Classification Clauses.

4. 7. 7

Institute War Cancellation Clauses, other non-cancellable.

4. 7. 8

Accumulation Clause, 200%.

4. 7. 9

Pre-shipment risks .

Principal Exclusions

4. 8.1

As per Institute Cargo Clauses (A).

4.8.2

Ordinary leakage ordinary loss in weight or volume or ordinary wear
and tear of the subject matter insured.

4.8.3

Inherent vice or nature of the subject matter insured.

4.8.4

Insolvency or financia l default of the owners managers charterers or
operators of the vessel or aircraft, unless not material to the claim .

4. 8.5

Un-seaworthiness of the vessel or craft, etc but only where the
Insured is aware of the un-seaworthiness.

4.8.6

Insufficiency or unsuitability of packaging.

4.8.7

Delay.

4.8.8

Vessel not ISM Code certified/SOLAS Convention.

4. 8. 9

War and Radioactivity on Land.

5.

MARINE CARGO DELAY IN START UP INSURANCE

5.1

lnsureds

5.1.1
5.2

Contractor.

Indemnity

In respect of:
5.2.1

loss of anticipated Revenue during at least the Minimum Indemnity
Period , arising from a delay i n completion of the Works as a result
of loss or damage covered under t he Marine Cargo Insurance


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