Common use of Right of Access and Control Clause in Contracts

Right of Access and Control. On the happening of any loss or damage We are entitled to: • enter any building where the loss or damage has happened; • take and keep possession of the insured property; • deal with the salvage of the damaged insured property. However, You shall not abandon the damaged insured property to Us. All differences arising out of this Policy shall be referred to an Arbitrator who shall be appointed in writing by the parties in difference. In the event they are unable to agree on who is to be the Arbitrator within one (1) month of being required in writing to do so, then both parties shall be entitled to appoint an Arbitrator each who shall proceed to hear the differences together with an Umpire to be appointed by both Arbitrators. It is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this policy that the award by such Arbitrator, Arbitrators or Umpire shall be first obtained. If We shall disclaim liability to the Insured for any claim hereunder and such claim shall not within twelve (12) months from the date of such disclaimer have been referred to arbitration under the provisions herein contained, then the claim for all intents and purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder. You must immediately notify in writing to Us of any loss or damage and: • at Your own expense and within thirty (30) days after the incident, deliver to Us a claim in writing with detailed particulars and proofs as We may reasonably require; • for loss or damage by theft or attempted theft, You must immediately make a Police report.

Right of Access and Control. On the happening of any loss or damage We are entitled to: • enter any building where the loss or damage has happened; • take and keep possession of the insured property; • deal with the salvage of the damaged insured property. However, You shall not abandon the damaged insured property to Us. All differences arising out Arbitration Any difference on the amount of this Policy any loss of damage between You and Us shall be referred to an Arbitrator arbitrator who shall be appointed in writing by the parties in differenceYou and Us. In the event they case You and Us are unable to agree on who is to be the Arbitrator a single Arbitrator, within one (1) month two months of being required in writing to do soso by either party, then both parties You and Us shall be entitled to appoint an Arbitrator each who shall proceed to hear the differences together with appoint an Umpire to be appointed by both Arbitratorspreside over their meetings. It However, one party is hereby expressly stipulated at liberty to appoint a sole Arbitrator, should the other party within two months of the written notice fail to appoint the other Arbitrator. The costs of arbitration and declared that it awards shall be a condition precedent to any right of action decided by the Arbitrator, Arbitrators or suit upon this policy Umpire. You and Us clearly agree that the award awards by such the Arbitrator, Arbitrators or Umpire shall be obtained first obtainedbefore You can commence legal proceedings on Us. If We shall disclaim liability to the Insured HOW TO MAKE A CLAIM (Applicable for any claim hereunder Buildings and/or Contents) Notice and such claim shall not within twelve (12) months from the date Proof of such disclaimer have been referred to arbitration under the provisions herein contained, then the claim for all intents and purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder. You ClaimYou must immediately notify in writing to Us of any loss or damage and: • at Your own expense and within thirty (30) 30 days after the incident, deliver to Us a claim in writing with detailed particulars and proofs as We may reasonably require; • require;• for loss or damage by theft or attempted theft, You must immediately make a Police report. Building PlansIf We elect to reinstate any building, You must furnish Us plans, specifications and quantities as We may reasonably require. Liability ClaimsYou shall upon receiving any notice of any accident or claim from other parties, give Us immediate notice in writing and as soon as possible supply Us full particulars in writing. You shall send to Us immediately any writ, summons or other legal process issued or commenced against You and provide all necessary information and assistance to enable Us to settle or resist any claim or institute proceedings. You shall not without Our written consent:• admit or repudiate any claim or liability;• offer or negotiate to pay a claim. YOUR RESPONSIBILITY (Applicable for Buildings and/or Contents) Duty of CareYou shall use all reasonable diligence and care to keep the Premises in proper state of repair. As owner of the Private Xxxxxxxx, You shall made good as soon as possible any defect discovered and shall, in the mean time, take additional precautions to prevent injury, loss or damage. We will not be liable for any injury, loss or damage caused by You failing to remedy such defect after receiving notice from Us or from any person or public body. Reinstatement of Sum InsuredAfter a loss, the full Sum Insured of this insurance shall be maintained. You are required to pay an additional pro rata Premium based on the amount of loss calculated from the date of loss to the expiry date of insurance. Unvalued Policy ClauseThis is an unvalued Policy. You must prove to the satisfaction of the Company the value of the property at the time of the happening of its destruction or the amount of such damage. HOW YOUR POLICY MAY BE CANCELLED (Applicable for Buildings and/or Contents) You may cancel this Policy at any time by giving Us notice in writing. You shall be entitled to a refund of Premium after We have charged You based on Our Customary Short-Period Rates or minimum Premium payable under the Policy, whichever is higher. We may also cancel this Policy at any time by giving You seven days’ notice in writing and will refund the pro rata Premiumequal to the unexpired Period of Insurance. CLAUSES/ENDORSEMENTS (THE FOLLOWING CLAUSES/ENDORSEMENTS ARE APPLICABLE TO THE POLICY) COMMUNICABLE DISEASE EXCLUSION (LMA5393) 1. This Policy, subject to all applicable terms, conditions and exclusions, covers losses attributable to direct physical loss or physical damage occurring during the Period of Insurance. Consequently and notwithstanding any other provision of this Policy to the contrary, this Policy does not insure any loss, damage, claim, cost, expense or other sum, directly or indirectly arising out of, attributable to, or occurring concurrently or in any sequence with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease.

Right of Access and Control. On the happening of any loss or damage We are entitled to: • enter any building where the loss or damage has happened; • take and keep possession of the insured The Insured property; • deal with the salvage of the damaged insured property. However, You shall not abandon the damaged insured property to Us. All differences arising out Arbitration Any difference on the amount of this Policy any loss of damage between You and Us shall be referred to an Arbitrator arbitrator who shall be appointed in writing by the parties in differenceYou and Us. In the event they case You and Us are unable to agree on who is to be the Arbitrator a single Arbitrator, within one (1) month two months of being required in writing to do soso by either party, then both parties You and Us shall be entitled to appoint an Arbitrator each who shall proceed to hear the differences together with appoint an Umpire to be appointed by both Arbitratorspreside over their meetings. It However, one party is hereby expressly stipulated at liberty to appoint a sole Arbitrator, should the other party within two months of the written notice fail to appoint the other Arbitrator. The costs of arbitration and declared that it awards shall be a condition precedent to any right of action decided by the Arbitrator, Arbitrators or suit upon this policy Umpire. You and Us clearly agree that the award awards by such the Arbitrator, Arbitrators or Umpire shall be obtained first obtainedbefore You can commence legal proceedings on Us. If We shall disclaim liability to the Insured HOW TO MAKE A CLAIM (Applicable for any claim hereunder Buildings and/or Contents) Notice and such claim shall not within twelve (12) months from the date Proof of such disclaimer have been referred to arbitration under the provisions herein contained, then the claim for all intents and purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder. You ClaimYou must immediately notify Us in writing to Us of any loss or damage and: • at Your own expense and within thirty (30) 30 days after the incident, deliver to Us a claim in writing with detailed particulars and proofs as We may reasonably require; • for loss or damage by theft or attempted theft, You must immediately make a Police report. Building PlansIf We elect to reinstate any building, You must furnish Us plans, specifications and quantities as We may reasonably require. Liability ClaimsYou shall upon receiving any notice of any accident or claim from other parties, give Us immediate notice in writing and as soon as possible supply Us full particulars in writing. You shall send to Us immediately any writ, summons or other legal process issued or commenced against You and provide all necessary information and assistance to enable Us to settle or resist any claim or institute proceedings. You shall not without Our written consent:• admit or repudiate any claim or liability;• offer or negotiate to pay a claim. YOUR RESPONSIBILITY Duty of CareYou shall use all reasonable diligence and care to keep the Premises in proper state of repair. As owner of the Private Xxxxxxxx, You shall made good as soon as possible any defect discovered and shall, in the meantime, take additional precautions to prevent injury, loss or damage. We will not be liable for any injury, loss or damage caused by You failing to remedy such defect after receiving notice from Us or from any person or public body. Reinstatement of Sum InsuredAfter a loss, the full Sum Insured of this insurance shall be maintained. You are required to pay an additional pro rata Premium based on the amount of loss calculated from the date of loss to the expiry date of insurance. Unvalued Policy ClauseThis is an unvalued Policy. You must prove to the satisfaction of the Company the value of the property at the time of the happening of its destruction or the amount of such damage. HOW YOUR POLICY MAY BE CANCELLED (Applicable for Buildings and/or Contents) You may cancel this Policy at any time by giving Us notice in writing. You shall be entitled to a refund of Premium after We have charged You based on Our Customary Short-Period Rates or minimum Premium payable under the Policy, whichever is higher. We may also cancel this Policy at any time by giving You seven days’ notice in writing and will refund the pro rata Premiumequal to the unexpired Period of Insurance. DATE RECOGNITIONIt is noted and agreed this Policy is hereby amended as follows: A. The Company will not pay for any loss or damage including loss of use with or without physical damage, injury (including bodily injury), expenses incurred or any Consequential Loss directly or indirectly caused by, consisting of, or arising from, the failure or inability of any computer, data processing equipment, media microchip, operating systems, microprocessors (computer chip), integrated circuit or similar device, or any computer software, whether the property of The Insured or not, and whether occurring before, during or after the year 2000 that results from the failure or inability of such device and/or software as listed above to: 1. correctly recognize any date as its true calendar date; 2. capture, save, or retain, and/or correctly manipulate, interpret or process any data or information or command or instruction as a result of treating any date other than as its true calendar date; and/or 3. capture, save, retain or correctly process any data as a result of the operation of any command which has been programmed into any computer software, being a command which causes the loss of data or the inability to capture, save, retain or correctly process such data on or after any date. B. It is further understood that the Company will not pay for the repair or modification of any part of any electronic data processing system or any part of any device and/or software as listed above in A. C. It is further understood that the Company will not pay for any loss or damage including loss of use with or without physical damage, injury (including bodily injury), expenses incurred or any Consequential Loss directly or indirectly arising from any advice, consultation, design, evaluation, inspection, installation, maintenance, repair or supervision done by The Insured or for The Insured or by or for others to determine, rectify or test, any potential or actual failure, malfunction or inadequacy described in A. above. D. It is further understood that the Company will not pay for any Consequential Loss resulting from any continuing inability o the computer and equipment described in A above to correctly recognize any date as its true calendar date after the lost or damaged property has been replaced or repaired. Such loss or damage, injury (including bodily injury), expenses incurred or any Consequential Loss referred to in A, B, C or D above, is excluded regardless of any other cause that contributed concurrently or in any other sequence to the same. Saving This Endorsement shall not exclude subsequent loss or damage or Consequential Loss which itself results from Clause an insured peril as defined in the Policy. Subject otherwise to the terms and conditions of the Policy.

Right of Access and Control. On the happening of any loss or damage We are entitled to: • enter any building where the loss or damage has happened; • take and keep possession of the insured The Insured property; • deal with the salvage of the damaged insured property. However, You shall not abandon the damaged insured property to Us. All differences arising out Arbitration Any difference on the amount of this Policy any loss of damage between You and Us shall be referred to an Arbitrator arbitrator who shall be appointed in writing by the parties in differenceYou and Us. In the event they case You and Us are unable to agree on who is to be the Arbitrator a single Arbitrator, within one (1) month two months of being required in writing to do soso by either party, then both parties You and Us shall be entitled to appoint an Arbitrator each who shall proceed to hear the differences together with appoint an Umpire to be appointed by both Arbitratorspreside over their meetings. It However, one party is hereby expressly stipulated at liberty to appoint a sole Arbitrator, should the other party within two months of the written notice fail to appoint the other Arbitrator. The costs of arbitration and declared that it awards shall be a condition precedent to any right of action decided by the Arbitrator, Arbitrators or suit upon this policy Umpire. You and Us clearly agree that the award awards by such the Arbitrator, Arbitrators or Umpire shall be obtained first obtainedbefore You can commence legal proceedings on Us. If We shall disclaim liability to the Insured for any claim hereunder HOW TO MAKE A CLAIM Notice and such claim shall not within twelve (12) months from the date Proof of such disclaimer have been referred to arbitration under the provisions herein contained, then the claim for all intents and purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder. You ClaimYou must immediately notify in writing to Us of any loss or damage and: • at Your own expense and within thirty (30) 30 days after the incident, deliver to Us a claim in writing with detailed particulars and proofs as We may reasonably require; • require;• for loss or damage by theft or attempted theft, You must immediately make a Police report. Building PlansIf We elect to reinstate any building, You must furnish Us plans, specifications and quantities as We may reasonably require. Liability ClaimsYou shall upon receiving any notice of any accident or claim from other parties, give Us immediate notice in writing and as soon as possible supply Us full particulars in writing. You shall send to Us immediately any writ, summons or other legal process issued or commenced against You and provide all necessary information and assistance to enable Us to settle or resist any claim or institute proceedings. You shall not without Our written consent:• admit or repudiate any claim or liability;• offer or negotiate to pay a claim. YOUR RESPONSIBILITY Duty of careYou shall use all reasonable diligence and care to keep the Premises in proper state of repair. As owner of the Private Xxxxxxxx, You shall made good as soon as possible any defect discovered and shall, in the meantime, take additional precautions to prevent injury, loss or damage. We will not be liable for any injury, loss or damage caused by You failing to remedy such defect after receiving notice from Us or from any person or public body. Reinstatement of Sum InsuredAfter a loss, the full Sum Insured of this insurance shall be maintained. You are required to pay an additional pro rata Premium based on the amount of loss calculated from the date of loss to the expiry date of insurance. Unvalued Policy ClauseThis is an unvalued Policy. You must prove to the satisfaction of the Company the value of the property at the time of the happening of its destruction or the amount of such damage.

Right of Access and Control. On the happening of any loss or damage We are entitled to: •  enter any building where the loss or damage has happened; •  take and keep possession of the insured property; •  deal with the salvage of the damaged insured property. However, You shall not abandon the damaged insured property to Us. All differences arising out of this Policy shall be referred to an Arbitrator who shall be appointed in writing by the parties in difference. In the event they are unable to agree on who is to be the Arbitrator within one (1) month of being required in writing to do so, then both parties shall be entitled to appoint an Arbitrator each who shall proceed to hear the differences together with an Umpire to be appointed by both Arbitrators. It is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this policy that the award by such Arbitrator, Arbitrators or Umpire shall be first obtained. If We shall disclaim liability to the Insured for any claim hereunder and such claim shall not within twelve (12) months from the date of such disclaimer have been referred to arbitration under the provisions herein contained, then the claim for all intents and purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder. You must immediately notify in writing to Us of any loss or damage and: •  at Your own expense and within thirty (30) days after the incident, deliver to Us a claim in writing with detailed particulars and proofs as We may reasonably require; •  for loss or damage by theft or attempted theft, You must immediately make a Police report.

Right of Access and Control. On the happening of any loss or damage We are entitled to: •  enter any building where the loss or damage has happened; •  take and keep possession of the insured covered property; •  deal with the salvage of the damaged insured covered property. However, You shall not abandon the damaged insured covered property to Us. All differences arising out Any difference on the amount of this Policy any loss of damage between You and Us shall be referred to an Arbitrator arbitrator who shall be appointed in writing by the parties in differenceYou and Us. In the event they case You and Us are unable to agree on who is to be the Arbitrator a single Arbitrator, within one two (12) month months of being required in writing to do soso by either party, then both parties You and Us shall be entitled to appoint an Arbitrator each who shall proceed to hear the differences together with appoint an Umpire to be appointed by both Arbitratorspreside over their meetings. It However, one party is hereby expressly stipulated at liberty to appoint a sole Arbitrator, should the other party within two (2) months of the written notice fail to appoint the other Arbitrator. The costs of arbitration and declared that it awards shall be a condition precedent to any right of action decided by the Arbitrator, Arbitrators or suit upon this policy Umpire. You and Us clearly agree that the award awards by such the Arbitrator, Arbitrators or Umpire shall be obtained first obtainedbefore You can commence legal proceedings on Us. If We The Company shall disclaim bear all its own operating expenses. Takaful Participants shall bear necessary expenses incurred for their benefits as allowed by the regulator. Payment of any amount paid or made by the Company shall be a valid discharge of liability to the Insured for any claim hereunder and such claim shall not within twelve (12) months from the date of such disclaimer have been referred to arbitration under the provisions herein contained, then the claim for all intents and purposes be deemed to have been abandoned Company and shall not thereafter be recoverable hereunderrelease the Company of all claims and demands whatsoever in respect thereof. You must immediately notify in writing to Us of any loss or damage and: •  at Your own expense and within thirty (30) days after the incident, deliver to Us a claim in writing with detailed particulars and proofs as We may reasonably require; •  for loss or damage by theft or attempted theft, You must immediately make a Police report.