Common use of Procedure upon Loss or Damage Clause in Contracts

Procedure upon Loss or Damage. If loss of or damage to any part of the Works or a Stage occurs whilst the Contractor bears the risk of loss of or damage to the Works or the Stage under clause 5.1: the Contractor must: make the Works or the Stage and the Site safe and secure; notify the relevant insurers and comply with any reasonable instructions from the insurer(s); and promptly consult with the Contract Administrator to discuss the steps to be taken to: comply with its obligations under clause 5.3; and ensure that, to the greatest extent possible, the Contractor continues to comply with its other obligations under the Contract; and upon settlement of a claim under the Construction Risks Insurance relating to this loss or damage, the amount of money received from this insurance (excluding any amount provided for the fees of any of the Commonwealth's consultants) will: be paid to the Contractor in accordance with the procedure in clauses 12.2 - 12.5 as and when the Contractor replaces, makes good or repairs the loss of or damage to the Works or the Stage; and be the limit of the Contractor's entitlement to payment for the replacement, making good or repair of the loss or damage to the Works or the Stage. Cross Liability Clause 5.9 does not apply to Professional Indemnity Insurance, Errors and Omissions Insurance or Workers Compensation Insurance. Where the Contract requires insurance to provide cover to more than one insured, the Contractor 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 insurance 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: liability of the insured is limited by the operation of the proportionate liability legislation of any Australian jurisdiction; or proportionate liability legislation of any Australian jurisdiction is lawfully excluded by the contract.

Procedure upon Loss or Damage. If loss of or damage to any part of the Works or a Stage occurs whilst the Contractor bears the risk of loss of or damage to the Works or the Stage under clause 5.1: the Contractor must: make the Works or the Stage and the Site safe and secure; notify the relevant insurers and comply with any reasonable instructions from the insurer(s); and promptly consult with the Contract Administrator to discuss the steps to be taken to: comply with its obligations under clause 5.3; and ensure that, to the greatest extent possible, the Contractor continues to comply with its other obligations under the Contract; and upon settlement of a claim under the Construction Risks Insurance relating to this loss or damage, the amount of money received from this insurance (excluding any amount provided for the fees of any of the Commonwealth's consultants) will: be paid to the Contractor in accordance with the procedure in clauses 12.2 - 12.5 as and when the Contractor replaces, makes good or repairs the loss of or damage to the Works or the Stage; and be the limit of the Contractor's entitlement to payment for the replacement, making good or repair of the loss or damage to the Works or the Stage. Cross Liability Clause 5.9 does not apply to Professional Indemnity Insurance, Errors and Omissions Insurance or Workers Compensation Insurance. Where the Contract requires insurance to provide cover to more than one insured, the Contractor 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 insurance 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: liability of the insured is limited by the operation of the proportionate liability legislation of any Australian jurisdictionjurisdiction or the Host Nation; or proportionate liability legislation of any Australian jurisdiction or the Host Nation is lawfully excluded by the contract.

Procedure upon Loss or Damage. If loss of or damage to any part of the Subcontract Works or a Stage occurs whilst the Contractor Subcontractor bears the risk of loss of or damage to the Subcontract Works or the Stage under clause 5.1: the Contractor Subcontractor must: make the Subcontract Works or the Stage and the Site safe and secure; notify the relevant insurers and comply with any reasonable instructions from the insurer(s); and promptly consult with the Contract Administrator Contractor’s Representative to discuss the steps to be taken to: comply with its obligations under clause 5.3; and ensure that, to the greatest extent possible, the Contractor Subcontractor continues to comply with its other obligations under the ContractSubcontract; and upon settlement of a claim under the Construction Risks Insurance relating to this loss or damage, the amount of money received from this insurance (excluding any amount provided for the fees of any of the Commonwealth's Contractor’s consultants) will: be paid to the Contractor Subcontractor in accordance with the procedure in clauses 12.2 - 12.5 as and when the Contractor Subcontractor replaces, makes good or repairs the loss of or damage to the Subcontract Works or the Stage; and be the limit of the Contractor's Subcontractor’s entitlement to payment for the replacement, making good or repair of the loss or damage to the Subcontract Works or the Stage. Cross Liability Clause 5.9 5.10 does not apply to Professional Indemnity Insurance, Errors and Omissions Insurance or Workers Compensation Insurance. Where the Contract Subcontract requires insurance to provide cover to more than one insured, the Contractor 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 insurance 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: liability of the insured is limited by the operation of the proportionate liability legislation of any Australian jurisdiction; or proportionate liability legislation of any Australian jurisdiction is lawfully excluded by the contract.

Procedure upon Loss or Damage. If loss of or damage to any part of the Subcontract Works or a Stage occurs whilst the Contractor Subcontractor bears the risk of loss of or damage to the Subcontract Works or the Stage under clause 5.1: the Contractor Subcontractor must: make the Subcontract Works or the Stage and the Site safe and secure; notify the relevant insurers and comply with any reasonable instructions from the insurer(s); and promptly consult with the Contract Administrator Contractor’s Representative to discuss the steps to be taken to: comply with its obligations under clause 5.3; and ensure that, to the greatest extent possible, the Contractor Subcontractor continues to comply with its other obligations under the ContractSubcontract; and upon settlement of a claim under the Construction Risks Insurance relating to this loss or damage, the amount of money received from this insurance (excluding any amount provided for the fees of any of the Commonwealth's Contractor’s consultants) will: be paid to the Contractor Subcontractor in accordance with the procedure in clauses 12.2 - 12.5 as and when the Contractor Subcontractor replaces, makes good or repairs the loss of or damage to the Subcontract Works or the Stage; and be the limit of the Contractor's Subcontractor’s entitlement to payment for the replacement, making good or repair of the loss or damage to the Subcontract Works or the Stage. Cross Liability Clause 5.9 5.10 does not apply to Professional Indemnity Insurance, Errors and Omissions Insurance or Workers Compensation Insurance. Where the Contract Subcontract requires insurance to provide cover to more than one insured, the Contractor 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 insurance 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: liability of the insured is limited by the operation of the proportionate liability legislation of any Australian jurisdiction; or proportionate liability legislation of any Australian jurisdiction is lawfully excluded by the contract.;