Common use of Insurance and Risk Clause in Contracts

Insurance and Risk. 12.1 The Grower agrees that the Registered Supplier and the Post Harvest Operator will have no liability to the Grower for any loss or damage suffered by the Grower except as a result of any negligent act or omission on the part of the Registered Supplier or the Post Harvest Operator. 12.2 The Grower acknowledges that ZGL will use its best endeavours to arrange Marine Cargo Insurance and Contaminated Products Insurance. Where such insurance is arranged, the Grower’s crop will be covered by ZGL’s Marine Cargo Insurance policy as well as by ZGL’s Pool Hail Policy and Contaminated Products Policy. The Grower agrees that the Registered Supplier is not required to insure the Grower’s crop. The Grower’s attention is drawn to: a. Clause A6 of the ZGL Contract; b. Schedule 10 of the ZGL Contract; and c. Appendix 2 of Schedule 10 of the ZGL Contract, 12.3 Where a problem arises with the Grower’s crop as a result of inherent vice, and loss results, the Grower must bear, and is responsible for, that loss. The Grower agrees that this covenant is given for the benefit of the Registered Supplier and the Post Harvest Operator. 12.4 The Registered Supplier will ensure that each Bailee, including any appointed On Port Logistics Provider, contracted by the Registered Supplier takes out and maintains Bailee’s liability insurance in accordance with clause B6.3 of Schedule 10 of the ZGL Contract. The Grower acknowledges that in respect of any Bailee who is contracted directly by the Grower and not by the Registered Supplier, it is the Grower’s responsibility to check that any such Bailee handling the Grower’s crop has insurance cover as required by Schedule 10 of the ZGL Contract. The Grower’s attention is also drawn to the diagram contained in Appendix 1 of Schedule 10 of the ZGL Contract which sets out the Bailee’s liability exclusion process. 12.5 The Grower acknowledges that there is a risk associated with Kiwistart kiwifruit being required to be removed from inventory if it is not shipped as required by Section C, and in particular clause C19 of Schedule 2 in the ZGL Contract. 12.6 In the event the Grower becomes aware of any incident, situation or occurrence which may give rise to an insured event, the Grower must immediately notify the Registered Supplier and authorises the Registered Supplier to notify ZGL.

Insurance and Risk. 12.1 The Grower agrees that the Registered Supplier and the Post Harvest Operator will have no liability to the Grower for any loss or damage suffered by the Grower except as a result of any negligent act or omission on the part of the Registered Supplier or the Post Harvest Operator. 12.2 The Grower acknowledges that ZGL will use its best endeavours to arrange Marine Cargo Insurance and Contaminated Products Insurance. Where such insurance is arranged, the Grower’s crop will be covered by ZGL’s Marine Cargo Insurance policy as well as by ZGL’s Pool Hail Policy and Contaminated Products Policy. The Grower agrees that the Registered Supplier is not required to insure the Grower’s crop. The Grower’s attention is drawn to: a. Clause A6 of the ZGL Contract; b. Schedule 10 of the ZGL Contract; and c. Appendix 2 of Schedule 10 of the ZGL Contract, 12.3 Where a problem arises with the Grower’s crop as a result of inherent vice, and loss results, the Grower must bear, and is responsible for, that loss. The Grower agrees that this covenant is given for the benefit of the Registered Supplier and the Post Harvest Operator. 12.4 The Registered Supplier will ensure that each Bailee, including any appointed On Port Logistics Provider, Bailee contracted by the Registered Supplier takes out and maintains BaileeXxxxxx’s liability insurance in accordance with clause B6.3 of Schedule 10 of the ZGL Contract. The Grower acknowledges that in respect of any Bailee Xxxxxx who is contracted directly by the Grower and not by the Registered Supplier, it is the Grower’s responsibility to check that any such Bailee handling the Grower’s crop has insurance cover as required by Schedule 10 of the ZGL Contract. The Grower’s attention is also drawn to the diagram contained in Appendix 1 of Schedule 10 of the ZGL Contract which sets out the Bailee’s liability exclusion process. 12.5 The Grower acknowledges that there is a risk associated with Kiwistart kiwifruit being required to be removed from inventory if it is not shipped as required by Section C, and in particular clause C19 of Schedule 2 in the ZGL Contract. 12.6 In the event the Grower becomes aware of any incident, situation or occurrence which may give rise to an insured event, the Grower must immediately notify the Registered Supplier and authorises the Registered Supplier to notify ZGL.

Insurance and Risk. 12.1 The Grower agrees that the Registered Supplier and the Post Harvest Operator will have no liability to the Grower for any loss or damage suffered by the Grower except as a result of any negligent act or omission on the part of the Registered Supplier or the Post Harvest Operator. 12.2 The Grower acknowledges that ZGL will use its best endeavours to arrange Marine Cargo Insurance and Contaminated Products Insurance. Where such insurance is arranged, the Grower’s crop will be covered by ZGL’s Marine Cargo Insurance policy as well as by ZGL’s Pool Hail Policy and Contaminated Products Policy. The Grower agrees that the Registered Supplier is not required to insure the Grower’s crop. The Grower’s attention is drawn to: a. Clause A6 of the ZGL Contract; b. Schedule 10 of the ZGL Contract; and c. Appendix 2 of Schedule 10 of the ZGL Contract, 12.3 Where a problem arises with the Grower’s crop as a result of inherent vice, and loss results, the Grower must bear, and is responsible for, that loss. The Grower agrees that this covenant is given for the benefit of the Registered Supplier and the Post Harvest Operator.that 12.4 The Registered Supplier will ensure that each Bailee, including any appointed On Port Logistics Provider, contracted by the Registered Supplier takes out and maintains BaileeXxxxxx’s liability insurance in accordance with clause B6.3 of Schedule 10 of the ZGL Contract. The Grower acknowledges that in respect of any Bailee who is contracted directly by the Grower and not by the Registered Supplier, it is the Grower’s responsibility to check that any such Bailee handling the Grower’s crop has insurance cover as required by Schedule 10 of the ZGL Contract. The Grower’s attention is also drawn to the diagram contained in Appendix 1 of Schedule 10 of the ZGL Contract which sets out the Bailee’s liability exclusion process. 12.5 The Grower acknowledges that there is a risk associated with Kiwistart kiwifruit being required to be removed from inventory if it is not shipped as required by Section C, and in particular clause C19 C20 of Schedule 2 in the ZGL Contract. 12.6 In the event the Grower becomes aware of any incident, situation or occurrence which may give rise to an insured event, the Grower must immediately notify the Registered Supplier and authorises the Registered Supplier to notify ZGL.

Insurance and Risk. 12.1 The Grower agrees that the Registered Supplier and the Post Harvest Operator will have no liability to the Grower for any loss or damage suffered by the Grower except as a result of any negligent act or omission on the part of the Registered Supplier or the Post Harvest Operator. 12.2 The Grower acknowledges that ZGL will use its best endeavours to arrange Marine Cargo Insurance and Contaminated Products Insurance. Where such insurance is arranged, the Grower’s crop will be covered by ZGL’s Marine Cargo Insurance policy as well as by ZGL’s Pool Hail Policy and Contaminated Products Policy. The Grower agrees that the Registered Supplier is not required to insure the Grower’s crop. The Grower’s attention is drawn to: a. Clause A6 of the ZGL Contract; b. Schedule 10 of the ZGL Contract; and c. Appendix 2 of Schedule 10 of the ZGL Contract, 12.3 Where a problem arises with the Grower’s crop as a result of inherent vice, and loss results, the Grower must bear, and is responsible for, that loss. The Grower agrees that this covenant is given for the benefit of the Registered Supplier and the Post Harvest Operator. 12.4 The Registered Supplier will ensure that each Bailee, including any appointed On Port Logistics Provider, contracted by the Registered Supplier takes out and maintains BaileeXxxxxx’s liability insurance in accordance with clause B6.3 of Schedule 10 of the ZGL Contract. The Grower acknowledges that in respect of any Bailee who is contracted directly by the Grower and not by the Registered Supplier, it is the Grower’s responsibility to check that any such Bailee handling the Grower’s crop has insurance cover as required by Schedule 10 of the ZGL Contract. The Grower’s attention is also drawn to the diagram contained in Appendix 1 of Schedule 10 of the ZGL Contract which sets out the Bailee’s liability exclusion process. 12.5 The Grower acknowledges that there is a risk associated with Kiwistart kiwifruit being required to be removed from inventory if it is not shipped as required by Section C, and in particular clause C19 of Schedule 2 in the ZGL Contract. 12.6 In the event the Grower becomes aware of any incident, situation or occurrence which may give rise to an insured event, the Grower must immediately notify the Registered Supplier and authorises the Registered Supplier to notify ZGL.