Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of the completion of the Subcontractor’s Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities. Notice of Potential Claim The Subcontractor must: as soon as possible inform the Contractor's Representative in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by the Subcontractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the Subcontract.
Appears in 3 contracts
Samples: Formal Agreement, Formal Agreement, Formal Agreement
Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 4.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 4.3 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.14.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of the completion of the Subcontractor’s 's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s 's Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s 's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s 's Activities. Notice Cross Liability Clause 4.7 does not apply to Professional Indemnity Insurance or Workers Compensation Insurance. Where the Subcontract requires insurance to provide cover to more than one insured, the Subcontractor must ensure that, to the extent permitted by law, the insurance policy provides that: the insurer agrees to treat each insured as a separate insured as though a separate contract of Potential Claim The Subcontractor mustinsurance had been entered into with each insured, without increasing the deductibles or reducing the overall limit of indemnity; the insurer will not impute to any insured any knowledge or intention or a state of mind possessed or allegedly possessed by any other insured; the insurer waives all rights, remedies or relief to which it might become entitled by subrogation against any of the parties to whom the benefit of insurance cover extends and that failure by any insured to observe and fulfil the terms of the policy will not prejudice the insurance in regard to any other insured; a notice to the insurer by one insured will be deemed to be notice on behalf of all insureds; and the insurer agrees not to reduce or exclude the insurance cover of an insured because the: as soon as possible inform liability of the Contractor's Representative in writing insured is limited by the operation of the proportionate liability legislation of any fact, matter Australian jurisdiction; or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor and the Contractor in writing proportionate liability legislation of any fact, matter or occurrence that may give rise to a claim under an insurance policy required Australian jurisdiction is lawfully excluded by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by the Subcontractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the Subcontractcontract.
Appears in 3 contracts
Samples: Formal Agreement, Formal Agreement, Formal Agreement
Period of Insurance. From the date of this Contract for the duration of the Contract and a period of three (3) years following the expiry or termination of the Contract whichever occurs earlier. Cover features & extensions Loss of documents and computer records extension; and Retroactive cover from the date of this Contract or retroactive date no later than the date of this Contract; Principal exclusions War and related perils (United Kingdom insurance market agreed wording); Nuclear/radioactive risks (United Kingdom insurance market agreed wording); Insolvency of the insured; Bodily injury, sickness, disease sustained by any employee arising out of the course of their employment; Liability arising out of the use of the mechanically propelled vehicles whilst required to be compulsorily insured by Legislation in respect of such vehicles; Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence; and Liability arising from asbestos or toxic mould. POLICIES TO BE TAKEN OUT AS REQUIRED BY LEGISLATION The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the meet its United Kingdom statutory insurance which the Subcontractor is obligations in full. Insurances are required to cause to be effected and maintained or otherwise have comply with all Legislation during the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest period of the completion Contract including employers' liability insurance and motor third party liability insurance. The limit of indemnity for the Subcontractor’s Activities; or written on a claims made basisemployers' liability insurance being any one occurrence inclusive of costs, until the expiration number of occurrences being unlimited during the run-off annual period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activitiesinsurance. Notice of Potential Claim The Subcontractor must: as soon as possible inform the Contractor's Representative in writing of any fact, matter or occurrence that may give rise Employers' liability insurance to a claim under contain an insurance policy required under indemnity to principals clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by Authority arising out of the Subcontractor to its insurer in a policy year would potentially reduce performance of the available limit Contractor of policy indemnity for that year below the amount his duties under this Contract. All insurances required by Legislation shall be maintained throughout the Subcontract.period of the Contract. SCHEDULE 4 MOBILISATION PLAN, TRANSITION PLAN AND TRANSFORMATION PLAN APPENDIX A MOBILISATION PLAN < > APPENDIX B TRANSITION PLAN < > APPENDIX C TRANSFORMATION PLAN < > schedule 5 PRICING AND PAYMENT MECHANISM DEFINITIONS For the purposes of this Schedule 5 (Pricing and Payment Mechanism), unless the context otherwise requires:
Appears in 1 contract
Samples: Admission Agreement
Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor Contractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: if Delivery Phase Approval is achieved: written on an occurrence basis, until the latest of the completion of the Subcontractor’s Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii): written on an occurrence basis, until the completion of the Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Contract Particulars following the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; in the case of Workers Compensation Insurance: if Delivery Phase Approval is achieved, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii), until the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; in the case of Professional Indemnity Insurance or Errors and Omissions Insurance: if Delivery Phase Approval is achieved, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii), until the expiration of the run-off period specified in the Contract Particulars following the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; and in the case of Marine Transit Insurance, at all times during the transportation to or from the Site of goods, items or equipment that will be used for, as a component in or in connection with the Contractor's Activities or the Works. Notice of Potential Claim The Subcontractor Contractor must: as soon as possible inform the Contractor's Representative Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 5.4 or any claim actually made against the Subcontractor Contractor or the Contractor Commonwealth which may be covered by an insurance policy required under by clause 5.55.4; keep the Contractor Commonwealth informed of all significant developments concerning the claim, except in circumstances where the Contractor Commonwealth is making a claim against the SubcontractorContractor; and ensure that its subsubcontractors subcontractors similarly inform the Subcontractor Contractor and the Contractor Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract Contract or any claim actually made against the SubcontractorContractor, a subsubcontractor the subcontractor or the Contractor Commonwealth which may be covered by an insurance policy required by the SubcontractContract, provided that, in respect of Professional Indemnity Insurance, the SubcontractorContractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor Commonwealth if the estimated total combined value of claims made against the Subcontractor Contractor and claims which may arise from circumstances reported by the Subcontractor Contractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the SubcontractContract.
Appears in 1 contract
Samples: Formal Agreement
Period of Insurance. From the date of this Contract for the duration of the Contract and a period of three (3) years following the expiry or termination of the Contract whichever occurs earlier. Cover features & extensions Loss of documents and computer records extension; and Retroactive cover from the date of this Contract or retroactive date no later than the date of this Contract; Principal exclusions War and related perils (United Kingdom insurance market agreed wording); Nuclear/radioactive risks (United Kingdom insurance market agreed wording); Insolvency of the insured; Bodily injury, sickness, disease sustained by any employee arising out of the course of their employment; Liability arising out of the use of the mechanically propelled vehicles whilst required to be compulsorily insured by Legislation in respect of such vehicles; Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence; and Liability arising from asbestos or toxic mould. POLICIES TO BE TAKEN OUT AS REQUIRED BY LEGISLATION The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the meet its United Kingdom statutory insurance which the Subcontractor is obligations in full. Insurances are required to cause to be effected and maintained or otherwise have comply with all Legislation during the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest period of the completion Contract including employers' liability insurance and motor third party liability insurance. The limit of indemnity for the Subcontractor’s Activities; or written on a claims made basisemployers' liability insurance being any one occurrence inclusive of costs, until the expiration number of occurrences being unlimited during the run-off annual period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activitiesinsurance. Notice of Potential Claim The Subcontractor must: as soon as possible inform the Contractor's Representative in writing of any fact, matter or occurrence that may give rise Employers' liability insurance to a claim under contain an insurance policy required under indemnity to principals clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by Authority arising out of the Subcontractor to its insurer in a policy year would potentially reduce performance of the available limit Contractor of policy indemnity for that year below the amount his duties under this Contract. All insurances required by Legislation shall be maintained throughout the Subcontract.period of the Contract. Schedule 4 MOBILISATION PLAN, TRANSITION PLAN AND TRANSFORMATION PLAN APPENDIX A MOBILISATION PLAN The version of the Mobilisation Plan, agreed as at the Commencement Date, is attached to this Appendix A. The Contractor's Proposal, within Schedule 2 (Contractor's Proposals) and in TMC - YJB - HMPYOI Wetherby - Section 7 - Question 3 document contains further detailed provisions relating to the Mobilisation Plan. APPENDIX B
Appears in 1 contract
Samples: Admission Agreement
Period of Insurance. From the date of this Contract for the duration of the Contract and a period of three (3) years following the expiry or termination of the Contract whichever occurs earlier. Cover features & extensions Loss of documents and computer records extension; and Retroactive cover from the date of this Contract or retroactive date no later than the date of this Contract; Principal exclusions War and related perils (United Kingdom insurance market agreed wording); Nuclear/radioactive risks (United Kingdom insurance market agreed wording); Insolvency of the insured; Bodily injury, sickness, disease sustained by any employee arising out of the course of their employment; Liability arising out of the use of the mechanically propelled vehicles whilst required to be compulsorily insured by Legislation in respect of such vehicles; Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence; and Liability arising from asbestos or toxic mould. POLICIES TO BE TAKEN OUT AS REQUIRED BY LEGISLATION The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the meet its United Kingdom statutory insurance which the Subcontractor is obligations in full. Insurances are required to cause to be effected and maintained or otherwise have comply with all Legislation during the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest period of the completion Contract including employers' liability insurance and motor third party liability insurance. The limit of indemnity for the Subcontractor’s Activities; or written on a claims made basisemployers' liability insurance being any one occurrence inclusive of costs, until the expiration number of occurrences being unlimited during the run-off annual period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activitiesinsurance. Notice of Potential Claim The Subcontractor must: as soon as possible inform the Contractor's Representative in writing of any fact, matter or occurrence that may give rise Employers' liability insurance to a claim under contain an insurance policy required under indemnity to principals clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by Authority arising out of the Subcontractor to its insurer in a policy year would potentially reduce performance of the available limit Contractor of policy indemnity for that year below the amount his duties under this Contract. All insurances required by Legislation shall be maintained throughout the Subcontract.period of the Contract. Schedule 4 MOBILISATION PLAN, TRANSITION PLAN AND TRANSFORMATION PLAN APENDIX A MOBILISATION PLAN The version of the Mobilisation Plan, agreed as at the Commencement Date, is attached to this Appendix A. The Contractor's Proposal, within Schedule 2 (Contractor's Proposals) and in TMC - YJB - HMPYOI Werrington - Section 7 - Question 3 document contains further detailed provisions relating to the Mobilisation Plan. APPENDIX B
Appears in 1 contract
Samples: Admission Agreement
Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of the Construction Risks Insurance, until the Subcontractor Contractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of: the end of the last Remediation Defects Rectification Period; the date upon which all Remediation Defects have been rectified in accordance with the Contract; and the completion of the Subcontractor’s Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of theof: the end of the last Remediation Defects Liability Rectification Period; the date upon which all Remediation Defects have been rectified in accordance with the SubcontractContract; and the completion of the Subcontractor’s Contractor's Activities; in the case of Workers Compensation Insurance, until the latest of theof: the end of the last Remediation Defects Liability Rectification Period; the date upon which all Remediation Defects have been rectified in accordance with the SubcontractContract; and the completion of the Subcontractor’s Contractor's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of theof: the end of the last Remediation Defects Liability Rectification Period; the date upon which all Remediation Defects have been rectified in accordance with the SubcontractContract; and the completion of the Subcontractor’s Activities. Notice of Potential Claim The Subcontractor must: as soon as possible inform the Contractor's Representative in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by the Subcontractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the SubcontractActivities.
Appears in 1 contract
Samples: Panel Agreement
Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor Contractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: if Delivery Phase Approval is achieved: written on an occurrence basis, until the latest of the completion of the Subcontractor’s Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii): written on an occurrence basis, until the completion of the Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Contract Particulars following the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; in the case of Workers Compensation Insurance: if Delivery Phase Approval is achieved, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii), until the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance: if Delivery Phase Approval is achieved, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii), until the expiration of the run-off period specified in the Contract Particulars following the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities. Notice of Potential Claim The Subcontractor Contractor must: as soon as possible inform the Contractor's Representative Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 5.4 or any claim actually made against the Subcontractor Contractor or the Contractor Commonwealth which may be covered by an insurance policy required under by clause 5.55.4; keep the Contractor Commonwealth informed of all significant developments concerning the claim, except in circumstances where the Contractor Commonwealth is making a claim against the SubcontractorContractor; and ensure that its subsubcontractors subcontractors similarly inform the Subcontractor Contractor and the Contractor Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract Contract or any claim actually made against the SubcontractorContractor, a subsubcontractor the subcontractor or the Contractor Commonwealth which may be covered by an insurance policy required by the SubcontractContract, provided that, in respect of Professional Indemnity Insurance, the SubcontractorContractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor Commonwealth if the estimated total combined value of claims made against the Subcontractor Contractor and claims which may arise from circumstances reported by the Subcontractor Contractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the SubcontractContract.
Appears in 1 contract
Samples: Formal Agreement
Period of Insurance. From the date of this Contract for the duration of the Contract and a period of three (3) years following the expiry or termination of the Contract whichever occurs earlier. Cover features & extensions Loss of documents and computer records extension; and Retroactive cover from the date of this Contract or retroactive date no later than the date of this Contract; Principal exclusions War and related perils (United Kingdom insurance market agreed wording); Nuclear/radioactive risks (United Kingdom insurance market agreed wording); Insolvency of the insured; Bodily injury, sickness, disease sustained by any employee arising out of the course of their employment; Liability arising out of the use of the mechanically propelled vehicles whilst required to be compulsorily insured by Legislation in respect of such vehicles; Liability arising from seepage and pollution unless caused by a sudden, unintended and unexpected occurrence; and Liability arising from asbestos or toxic mould. POLICIES TO BE TAKEN OUT AS REQUIRED BY LEGISLATION The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the meet its United Kingdom statutory insurance which the Subcontractor is obligations in full. Insurances are required to cause to be effected and maintained or otherwise have comply with all Legislation during the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest period of the completion Contract including employers' liability insurance and motor third party liability insurance. The limit of indemnity for the Subcontractor’s Activities; or written on a claims made basisemployers' liability insurance being any one occurrence inclusive of costs, until the expiration number of occurrences being unlimited during the run-off annual period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activitiesinsurance. Notice of Potential Claim The Subcontractor must: as soon as possible inform the Contractor's Representative in writing of any fact, matter or occurrence that may give rise Employers' liability insurance to a claim under contain an insurance policy required under indemnity to principals clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by Authority arising out of the Subcontractor to its insurer in a policy year would potentially reduce performance of the available limit Contractor of policy indemnity for that year below the amount his duties under this Contract. All insurances required by Legislation shall be maintained throughout the Subcontract.period of the Contract. Schedule 4 MOBILISATION PLAN, TRANSITION PLAN AND TRANSFORMATION PLAN APPENDIX A MOBILISATION PLAN The version of the Mobilisation Plan, agreed as at the Commencement Date, is attached to this Appendix A. The Contractor's Proposal, within Schedule 2 (Contractor's Proposal) and in TMC - YJB - HMPYOI Cookham Wood - Section 7 - Question 3 document contains further detailed provisions relating to the Mobilisation Plan APPENDIX B
Appears in 1 contract
Samples: Admission Agreement
Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of the Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of: the end of the last Defects Liability Period; the date upon which all Defects have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s Activities; in the case of Workers Compensation Insurance, until the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s Activities. Notice of Potential Claim The Subcontractor must: as soon as possible inform the Contractor's Representative Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 by the Subcontract or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5by the Subcontract; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by the Subcontractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the Subcontract.
Appears in 1 contract
Samples: Formal Agreement
Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 4.3 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.14.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s 's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s 's Activities; in the case of Workers Compensation Insurance, until the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s 's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects defects or omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s 's Activities. Notice Cross Liability Clause 4.7 does not apply to Professional Indemnity Insurance or Workers Compensation Insurance. Where the Subcontract requires insurance to provide cover to more than one insured, the Subcontractor must ensure that the insurance policy provides that: the insurance (with the exception of Potential Claim limits of liability) will operate in the same manner as if there were a separate policy of insurance covering each named insured; the insurer waives all rights, remedies or relief to which it might become entitled by subrogation against any of the parties to whom coverage extends and that failure by any insured to observe and fulfil the terms of the policy will not prejudice the insurance in regard to any other insured; and a notice to the insurer by one insured will be deemed to be notice on behalf of all insureds. POST CONTRACT DOCUMENTS Subcontractor’s Design The Subcontractor must: as soon as possible inform design the parts of the Subcontract Works which the Design Documents expressly or impliedly require it to design; ensure that its design complies with the Subcontract and the Preliminary Design Solution; and provide the design it prepares to the Contractor's Representative in writing for permission to use the design. For the purposes of any factparagraph (a)(iii), matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractormust provide its design in: hard copy; and ensure that its subsubcontractors similarly inform electronic copy, in accordance with the Subcontractor and the Contractor requirements specified in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by the Subcontractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the SubcontractParticulars.
Appears in 1 contract
Samples: Formal Agreement
Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor Contractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of the completion of the Subcontractor’s Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; and in the case of Marine Transit Insurance, at all times during the transportation to or from the Site of goods, items or equipment that will be used for, as a component in or in connection with the Contractor's Activities or the Works. Notice of Potential Claim The Subcontractor Contractor must: as soon as possible inform the Contractor's Representative Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 5.4 or any claim actually made against the Subcontractor Contractor or the Contractor Commonwealth which may be covered by an insurance policy required under by clause 5.55.4; keep the Contractor Commonwealth informed of all significant developments concerning the claim, except in circumstances where the Contractor Commonwealth is making a claim against the SubcontractorContractor; and ensure that its subsubcontractors subcontractors similarly inform the Subcontractor Contractor and the Contractor Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract Contract or any claim actually made against the SubcontractorContractor, a subsubcontractor the subcontractor or the Contractor Commonwealth which may be covered by an insurance policy required by the SubcontractContract, provided that, in respect of Professional Indemnity Insurance, the SubcontractorContractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor Commonwealth if the estimated total combined value of claims made against the Subcontractor Contractor and claims which may arise from circumstances reported by the Subcontractor Contractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the SubcontractContract.
Appears in 1 contract
Samples: Formal Agreement