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ACCOUNTANTS CLAUSE It is understood and agreed that any particulars or details contained in the Insured’s books of accounts or other business books or documents which may be required by the Company under the condition of this Policy for the purposes of investigating or verifying any claim hereunder may be produced and certified by the Insured’s Auditors and their certificate shall be prima facie evidence of the particulars and details to which such certificate relates. ACCOUNTANTS/AUDITORS/CLAIMS PREPARATIONS AT INSURERS EXPENSE CLAUSE Any particulars or details contained in the insured’s books or account or other Business books or documents which may by required by insurers under the Claims Conditions of this Policy for the purpose of investigating of verifying any claim hereunder may be produced by professional accountant if at the time they are regularly acting as such for the Insured and their report shall be prima facie evidence of the particulars and details to which such report relates. The cost of such preparation shall be at Insurers expense. ACCUMULATED STOCKS In adjusting any loss account shall be taken and an equitable allowance made if any shortage in Turnover due to the damage is postponed by reason of the Turnover being temporily mantained from accumulated stocks of finished goods. ADDITION AND DELETION CLAUSE ( 30 DAYS ) It is agreed that all items acquired by the Insured during the currency of this Policy shall be considered as being included in the policy from the date of acquisition. It is further agreed that all items disposed of during the currency of this policy shall be considered as deleted from the policy following the date of such disposal. Subject to thirty days notice after such addition and deletion have been made. ADDITIONAL CLAUSE The insurance hereby extends to cover alterations, additions and improvements (but not appreciation in value) in excess of the sums insured for buildings and machinery specified in the Policy for an amount not exceeding 10% of the sums insured thereby or Rp ….*………., whichever is the less, it is being understood that the Insured undertakes to advise the Insurer each quarter of such alterations, additions and improvements and to pay the appropriate additional premium thereon. ADDITIONAL INCREASE IN COST OF WORKING The wording thereto is amended to read:

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ACCOUNTANTS CLAUSE

It is understood and agreed that any particulars or details contained in the Insured’s books of accounts or other business books or documents which may be required by the Company under the condition of this Policy for the purposes of investigating or verifying any claim hereunder may be produced and certified by the Insured’s Auditors and their certificate shall be prima facie evidence of the particulars and details to which such certificate relates.

ACCOUNTANTS/AUDITORS/CLAIMS PREPARATIONS AT INSURERS EXPENSE CLAUSE

Any particulars or details contained in the insured’s books or account or other Business books or documents which may by required by insurers under the Claims Conditions of this Policy for the purpose of investigating of verifying any claim hereunder may be produced by professional accountant if at the time they are regularly acting as such for the Insured and their report shall be prima facie evidence of the particulars and details to which such report relates. The cost of such preparation shall be at Insurers expense.

ACCUMULATED STOCKS

In adjusting any loss account shall be taken and an equitable allowance made if any shortage in Turnover due to the damage is postponed by reason of the Turnover being temporily mantained from accumulated stocks of finished goods.

ADDITION AND DELETION CLAUSE ( 30 DAYS )

It is agreed that all items acquired by the Insured during the currency of this Policy shall be considered as being included in the policy from the date of acquisition. It is further agreed that all items disposed of during the currency of this policy shall be considered as deleted from the policy following the date of such disposal.Subject to thirty days notice after such addition and deletion have been made.

ADDITIONAL CLAUSE The insurance hereby extends to cover alterations, additions and improvements (but not appreciation in value) in excess of the sums insured for buildings and machinery specified in the Policy for an amount not exceeding 10% of the sums insured thereby or Rp ….*………., whichever is the less, it is being understood that the Insured undertakes to advise the Insurer each quarter of such alterations, additions and improvements and to pay the appropriate additional premium thereon.ADDITIONAL INCREASE IN COST OF WORKING

The wording thereto is amended to read:

The insurance under this item is limited to the additional expenditure, not otherwise recoverable hereunder, necessarily and reasonably incurred during the Indemnity period in consequence of the Damage for the purpose of avoiding or diminishing a reduction in Turnover and/or other operating income and/or resuming and/or maintaining normal business operations and/or service and/or minimising the period of interruption of or interference with the Business.

ADDITTIONAL INSURED CLAUSE

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The Company hereby that PT.Perusahaan Pelayaran Equinox are included as additional insured but limited to the liabilities arising out of the operations or activities that performed by or on the named insured and such liabilities are not the result of sole negligence of the additional Insured.

ADJUSTMENT OF PREMIUM

(a) The Premium shown is provisional and is calculated on the Declared Values of:i. Property Insured,ii. Gross Profit and Insured Pay-Roll, on the day of commencement of each Period of

Insurance.

(b) The Insured undertakes to declare to the Insurer(s) within a reasonable time after the day of expiry of the Period of Insurance

i. the value of Property Insured on the day of expiry of the Period of Insurance. For the purpose of this declaration, stock-in-trade and/or merchandise shall be taken at its average value during the Period of Insurance;

ii. the amount of the Gross Profit earned and Pay-Roll paid, in accordance with the cover afforded in the respective items of Section 2, in the course of the Business during the accounting period of 12 months most nearly concurrent with the Period of Insurance.

(c) The provisional premium shall be adjusted by payment to the Insurer(s) of an additional premium or by allowance to the Insured of a return premium, as the case may be, calculated at the agreed rate on:i. fifty per cent (50%) of the difference between property declared in accordance with

clauses (a)(i) and (b)(i);ii. the full agreed rate hereunder on the difference between the amounts declared under

clauses (a)(ii) and (b)(ii).

(d) It is agreed to make allowance for any abnormal fluctuation in values and to charge a premium commensurate with the risk, such premium to be agreed between the parties to this agreement.

(e) The Declaration of Values at the expiry of the Period of Insurance declared in accordance with this memorandum shall not be reduced as the result of loss, destruction or damage in respect of which a claim has been paid or is payable under this Policy.

AGREED VALUE CLAUSE

It is hereby understood and agreed that in consideration of the property insured being covered on an agreed value basis all reference herein to replacement shall be deemed to be deleted but only in respect of claim, adjusted on basis of a total loss.

In respect of claims adjusted on the basis of a total loss, underwriters shall pay to the insured the agreed value of the property insured as stated in the policy schedule less any applicable deductible.

Underwriters may at their discretion, take the salvage of such property insured together with appropriate documents appertaining thereto, but in no event shall there be any abandonment to underwriters.

AGREED VALUE CLAUSE ( IN RESPECT OF MOVEABLE ITEMS AND COMPUTER EQUIPMENT )

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It is hereby agreed that in the event of the property Insured being lost destroyed or damaged, the basis upon which the amount payable under this Policy is to be calculated shall be the cost of replacing or reinstating the property of the same kind or type but not superior to or more extensive than the Insured properly when new, subject also to the terms and conditions of the Policy.

ALL OTHER CONTENTS CLAUSE

It is noted and agreed that this Policy extends to include :a. Money and stamps not otherwise specifically insured for an amount not exceeding in

the aggregate IDR.5,000,000.00b. Documents, manuscripts and business books but only for the value of the materials as

stationery, together with the cost of clerical labour expended in writing up, and not for the value to the insured of the information contained therein and for an amount not exceeding in the aggregate IDR.5,000,000.00

c. Computer system records but only for the value of the materials together with the cost of clerical labour and computer time expended in reproducing such records (excluding any expenses in connection with the production of information to be recorded therein) and not for the value to the insured of the information contained therein for an amount not exceeding in the aggregate IDR.5,000,000.00

d. Patterns, moulds, models, plans and designs, for an amount not exceeding in the aggregate IDR.5,000,000.00e. Employees pedal cycles, clothing, tools and other personal effects for an amount not exceeding IDR.250,000.00 in respect of any one employee

ALTERATION AND REPAIRS CLAUSE

Minor alterations, additions and repairs to building plant fixtures and fittings, and machinery (exclusive of any Sprinkler Installations) and works in progress allowed and the insurance by this policy is extended to cover on and/or whilst in such additions.

ALTERATIONS AND REPAIRS CLAUSE

Notwithstanding anything contained in the printed conditions of the Policy to the contrary, it is noted and agreed that this Insurance shall not be prejudiced in the event of any alterations being made to the property insured whereby the risk of damage is increased, provided that notice of such alterations be given to the Insurer within sixty (60) days of the commencement of such alterations and additional premium paid, if required from the date of such alterations.

ALTERATIONS CLAUSE

Notwithstanding anything contained in the printed conditions of the Policy to the contrary, it is noted and agreed that this Insurance shall not be prejudiced in the event of any alterations being made to the property insured whereby the risk of damage is increased, provided that notice of such alterations be given to the Insurer within sixty (60) days of the commencement of such alterations and additional premium paid, if required from the date of such alterations

ALTERNATIVE BASIS CLAUSE

It is agreed and declared that at the option of the Insured, the term ‘output’ may be substituted for the term ‘turnover’ and for the purpose of their policy, ‘output’ shall mean the sale value of goods manufactured by the insured in the course of the business at the premises, provided that only one such meaning shall be operative in connection with any one occurrence involving damage (as within defined)

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ALTERNATIVE TRADING

If during the Indemnity Period goods shall be sold or services shall be renderes elsewhere than at the Premises for the benefit of the Business either by the Insured or by others on his behalf the money paid or payable in respect of such sales or services shall be brought into account in arriving at the Turnover the Indemnity Period.

APPRAISEMENT CLAUSE

If the aggregate claim for any one loss does not exceed by the item or items affected (whichever may be the less) no special inventory or appraisement of the undamaged property shall be required.

If two or more buildings be included in a single item, this provision shall apply to the range of buildings insured by this item.

For the purpose of this clause, the term "Item" shall be held to apply to the total sum insured on buildings and/or contents by the items affected.

APPROVED ADJUSTERS CLAUSE

It is hereby agreed and declared that any loss under the Policy will be assessed by an Assessor to be mutually agreed upon.

ARCHITECTS, SURVEYORS AND CONSULTING ENGINEERS EXPENSES (5% OF SI)

It is hereby noted and agreed as follows :(a) The insurance of each item on Buildings or Contents includes an amount in

respect of Architects’ Surveyors’ Legal, and Consulting Engineers’ Fees not exceeding those provided under the scales of the various institutions and/or bodies regulating such fees prevailing at the time of the destruction or damage and not exceeding 5% of the individual sums insured.

(b) The insurance on Fees applies only to those necessarily and reasonably incurred in the reinstatement or repair of Property Insured consequent upon its destruction or damage but not for preparing any claim, it is being understood that the amount payable under the item shall not exceed in total its sum insured.

ARMED ROBBERY / HOLD UP ENDORSEMENT

Notwithstanding anything contained herein to the contrary, it is agreed that this insurance is extended to cover loss of property due to armed robbery or hold up or any attempt threat.

Hold Up ClauseIt is hereby noted and agreed that this policy is extended to cover loss and or damage to property/ies insured in connection with hold-up, threat and/or under pressure with gun or with other weapon using bullet inside the premises.

Provided that this clause does not cover: Hold-up act by the person under control, care and custody of the Insured or any

person related to.

The first ………………. (amount stated in schedule as deductible) each and every claim.

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Loss Notification exceeding 24 hours.

Other terms and conditions will refer to the policy wordings.

AUDITOR’S FEES CLAUSE (JASINDO INSURANCE)

The insurance under this policy is limited to the reasonable fees payable by the insured to their auditors for producing and certifying by any particulars or details contained in the Insured’s books of account or other business books or documents or such other proofs information or evidence as any be required by the company under the terms and conditions on this policy

Any particulars or details contained in the Insured books other business books or documents which may be required by the company for the purpose of investigating or verifying any claim hereunder may be produced and certified by the Insured’s Auditors and their Certificates shall be prima Facie evidence of the particulars or details to which such certificate relates

AUDITORS FEES CLAUSE (Limit USD 10,000.00) It is understood and agreed that any particulars or details contained books of account or other business books or documents which may be required by the company under condition of this Policy for the purpose of investigating or verifying any claim hereunder may be produced by professional accountants if at the time they are regularly acting as such for the Insured an their report shall be PRIMA FACIE evidence of the particulars and details to which report relates.

 

AUTOMATIC ADDITION AND DELETIONS CLAUSE

It is hereby declared and agreed that additions and deletions to the schedule will be automatically held covered without prior notice subject to the Insured's submitting such additions and deletions within one week of the following month.

AUTOMATIC INCLUSION OF PROPERTY

The insurance automatically extends to cover all additional property as insured hereof anywhere in Indonesia any item inadvertently omitted from the schedule from the date or acquisition during the currency of the Policy subject to the declaration at expiry date for the purpose of premium adjustment.

AUTOMATIC INCREASE CLAUSE (Limit 10% of Total Sum Insured) It is also declared and agreed that if during the period of insurance the value of the Contract shall be in excess of the total estimated contract price per building, the Sum Insured shall be increased automatically by the amount of such excess vale but not exceeding in all of the Sum Insured per building as stated in the Schedule and that a declaration of actual total contract price shall be made to Insurers in accordance with the Conditions of the Policy.

AUTOMATIC REINSTATEMENT OF LOSS CLAUSEIn consideration of the Insured undertaking to pay an additional premium at the agreed rate on the amount of loss calculated on a pro-rata basis from the date of such loss to the expiry of the current period of insurance it is agreed that in the event of loss the insurance hereunder shall be maintained in force for the full sum insured.

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AUTOMATIC REINSTATEMENT OF SUM INSURED

In consideration of the Insurance not being reduced by the amount of any Loss, the Insured shall pay the appropriate pro-rata additional premium on the amount of the Loss from the date thereof to the date of the expiry of the period of Insurance.

AUTOMATIC REINSTATEMENT OF SUM INSURED CLAUSE

It is understood and agreed that in the event of loss or damage by any of the perils insured against to the property above described and in the absence of written notice by the Company or the insured to the contrary the amount of insurance cancelled by loss is to be automatically reinstated as from the date of loss. The Insured undertaking to pay such premium which required for such reinstatement from the date of loss.

AUTOMATIC REINSTATEMENT VALUE CLAUSE

It is hereby declared and agreed that in the event of the property insured being destroyed or damaged, the basis upon which the amount payable under interest insured of the policy is to be calculated shall be the cost of replacing or reinstating on the same site property of the same kind or type but not superior to or more extensive than the insured property when new, subject to the terms and conditions of the policy except insofar as the same may be varied hereby.

AUTOMATIC RENEWAL CLAUSE (HARSONO)

Notwithstanding anything to the contrary contained in the policy, it is hereby noted and agreed that subject to policy terms and conditions this insurance is deemed to be automatically renewed on the expiry date of each subsequent year for a similar period of 12 (twelve) months unless the Insured gives a written notice to the Insurer to cancel the policy maximum 7 (seven) days upon expiry date or the Insurer sends a written notice to the Insured to terminate the insurance at least 14 (fourteen) days before expiry date.

AUTOMATIC RENEWAL CLAUSE

Notwithstanding anything to the contrary contained in the policy, it is hereby noted and agreed that subject to policy terms and conditions this insurance is deemed to be automatically renewed on the expiry date of each subsequent year for a similar period of 12 (twelve) months unless the Insured gives a written notice to the Insurer to cancel the policy maximum 7 (seven) days upon expiry date or the Insurer sends a written notice to the Insured to terminate the insurance at least 14 (fourteen) days before expiry date.

AUTOMOBILES CLAUSE

The housing of Automobiles is allowed, and it is warranted that no Inflammable Spirit intended for fuel in connection therewith be at any time in the portion of the building under the control of the Insured, other than that contained in the reservoirs of such Automobiles or in approved underground storage systems or in sealed metal containers.

AVERAGE RELIEF CLAUSE (85%)

It should correctly read as:

Each item insured under this memorandum is declared to be separately subject to the following condition of average, namely:

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If at the time of reinstatement the sum representing eighty five percent (85%) of the cost which would have been incurred in reinstatement if the whole of the property covered by such item had been destroyed exceeds the sum insured hereon at the breaking out of fire at the commencement of any destruction of or damage to such property by any other peril hereby insured against, then the insured shall be considered as being his own insurer for the difference between the sum insured and the sum representing the cost of reinstatement of the whole of the property and shall bear a rateable proportion of the loss accordingly.

AWNINGS BLINDS SIGNS OR OTHER FITTINGS OF EVERY DESCRIPTION CLAUSE

Awnings, blinds, signs or other outdoor fixtures or fittings of any description are covered by this Policy provided that the Insurer’s liability under this extension shall be on first loss basis, not in the aggregate to exceed 5% of the sum insured on building.

BANKERS CLAUSE

It is noted and agreed that the property insured by this Policy has been mortgaged with :

BANK DANAMON INDONESIA, TbkKomplek Ruko Glodok PlazaBlok A No. 26 – 28Jakarta Barat

and that in consequence there of, it has been agreed with the said mortgagee and the Insured, that in case of loss, if any, payable under this Policy any payment up to the amount to which the said mortgagee is entitled for principal, interest accrued and costs shall be made to the said mortgagee without prejudice to the rights the Insured may have on the difference.

This clause to be null and void on receipt of advice from the said mortgagee that they are no longer interested in the property insured under this Policy.

BANKERS CLAUSE (MIR)

It is noted and agreed that the property insured by this Policy has been mortgaged with :

PT BANK NEGARA INDONESIA 46

and that in consequence there of, it has been agreed with the said mortgagee and the Insured, that in case of loss, if any, payable under this Policy less than or equal to 10% of TSI hereunder shall be payable to the insured’s and claim more 10% of TSI shall be payable to said Bank, unless the Bank shall give its written consent that any such claim shall be released to the insured This clause to be null and void on receipt of advice from the said mortgagee that they are no longer interested in the property insured under this Policy.

BANKERS CLAUSE

In case of Bankers interest, the following clause shall be compulsory: noted and agreed that the property insured of the following location , i.e :

Location : Rusun Hunian and Non Hunian Kondominium Menara Kelapa Gading Tahap I No. 14.03, Lt. 14 Blok C(3), Jl. Terusan Gading Timur

Boulevard No.88 (dahulu no.8)Kel.Pegangsaan Dua Kec. Kelapa Gading - Jakarta Utara (on behalf of Valentina Beru Ginting)

by this policy has been Mortgaged with the Bank :

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PT Bank Central Asia Tbk - Cabang Kelapa Gading and that in consequence thereof, it has been agreed with the said Bank and the insured, that in case of loss, if any, payable under this policy; any payment up to the amount to which the said Bank is entitled for Principal, interest accrued and costs shall be made to the said Bank without prejudice to the rights the insured have on the difference.

This clause to be null and void on receipt of advised from the said Bank that they are no longer interested in the property insured under this policy.

BASIS OF LOSS SETTLEMENT

In the event of any loss, destruction or damage the indemnification under the section shall be calculated on the basis of the reinstatement or replacement of the property lost, destroyed or damaged, subject to the following provisions:

Reinstatement or replacement shall mean:

1 Where property is lost or destroyed, the rebuilding of any buildings or the replacement of any other property by similar property, in either case in a condition equal to but not better or more extensive than its condition when new.

2 Where property is damaged, the repair of the damage and the restoration of the damaged portion of the property to a condition substantially the same as, but not better or more extensive than its condition when new.

RETURN OF PREMIUM CLAUSE (MAXIMUM 33.3%)

In the event of the GROSS PROFIT earned during the Financial Year most nearly concurrent with any period of insurance as certified by the Insured’s Auditors being less than the SUM INSURED thereon, a PRO-RATA return of premium not exceeding 33.33% of the premium paid on such Sum Insured for such period of insurance will be made in respect of the difference. If any damage shall have occurred, giving rise to a claim under this Policy, such return shall be made in respect only of so much of the said difference as is not due to such damage.

ACCOUNTANTS CLAUSE

It is understood and agreed that any particulars or details contained in the Insured’s books of accounts or other business books or documents which may be required by the Company under the condition of this Policy for the purposes of investigating or verifying any claim hereunder may be produced and certified by the Insured’s Auditors and their certificate shall be prima facie evidence of the particulars and details to which such certificate relates.

ALTERNATIVE TRADING

If during the Indemnity Period goods shall be sold or services shall be renderes elsewhere than at the Premises for the benefit of the Business either by the Insured or by others on his behalf the money paid or payable in respect of such sales or services shall be brought into account in arriving at the Turnover the Indemnity Period.

Reinstatement of Sum Insured Clause

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It is understood and agreed that in the event of loss or damage by any of the perils insured against to the property above described and in the absence of written notice by the Company or the insured to the contrary the amount of insurance cancelled by loss is to be automatically reinstated as from the date of loss. The Insured undertaking to pay such premium which may be required for such reinstatement from the date.

DEPARTMENTAL CLAUSE

If the business be conducted in departments the independent trading results of which are ascertainable, the provisions of Clauses (a) and (b) of the item on Gross Profit of the Specification shall apply separately to each department affected by Damage ,except that if the Sum Insured by the said item be less than the aggregate of the sums produced by applying the Rate of Gross Profit for each department of the Business (whether affected by Damage or not) to the relative Annual Turnover (or to a proportionately increased multiple if the Maximum Indemnity Period exceeds twelve months) the amount payable shall be proportionately reduced).

DENIAL OF ACCESS (SUBJECT TO BI EXCESS)

It is hereby declared and agreed that subject to the conditions of this Policy resulting from interruption of or interference with the business in consequence of damage (as with in defined) to property in the vicinity of the premises which shall prevent or hinder the use thereof or access thereto, whether the premises or property of the insured therein shall be damage or not, shall be deemed to be loss resulting from damage to property used by the insured at the premises.

 

MISDESCRIPTION CLAUSE

It is understood that this insurance shall not be prejudiced by any alteration or misdescription of occupancy provided the Insured shall notify the Company immediately they become aware of the same and to pay additional premium if required from the date of the inception of the increased hazard.

PAYMENT ON ACCOUNT CLAUSE

Payment on account will be made to the Insured if desired.

FAILURE OF PUBLIC UTILITIES CLAUSE (Time Excess: 14 Days )

Any loss as insured by item no. of this Policy resulting from the interruption of or interference with the Business in consequence of loss destruction or damage at the under-noted situations or to property

As under-noted be deemed to be an incident.

Property at any generating station or sub-station of the Public electricity supply undertaking land based the premises of the Public gas Supply undertaking of or any natural gas producer linked directly therewith waterworks or pumping station of the Public water supply undertaking from the Insured obtains (electricity) (gas) (water) or (telecommunications service) all in Indonesia.

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PROFESSIONAL ACCOUNTANTS CLAUSE (USD 25,000.00)

Any particulars or details contained in the insured’s books account or other business books or documents which may be required by the Company for the purpose of investigation or verifying any claim hereunder may be produced by professional accountants if at the time they are regularly action as such for the insured and their report shall be prima facie evidence at the particular and details to which such report relates.

The Insurer will pay to the Insured the reasonable charges payable by the Insured to their professional accountants for producing such particulars or details or any other proofs, information or evidence as may be required by the Insurer under the terms of Claims Condition of this policy and reporting that such particulars or details are in accordance with the Insured’s books or documents.

Provided that the Sum of the amount payable under this clause and the amount otherwise payable under the policy shall in no case exceed the liability of the Insurer as stated.

PRORATA RETURN OF PREMIUM CLAUSE (EXCEPT FOR EQVET)

In the event of the GROSS PROFIT earned during the Financial Year most nearly concurrent with any period of insurance as certified by the Insured’s Auditors being less than the SUM INSURED thereon, a PRO-RATA return of premium not exceeding 50% of the premium paid on such Sum Insured for such period of insurance will be made in respect of the difference. If any damage shall have occurred, giving rise to a claim under this Policy, such return shall be made in respect only of so much of the said difference as is not due to such damage.

NOMINATED ADJUSTERS CLAUSE

In the event of any claim under the Policy one of the following adjuster shall be appointed :a. PT. Japenansi Nusantarab. PT. Satria Dharma Pusaka Crawfordc. Any Other Adjuster as mutually agreed by the Insurers and the Insured.

SALVAGE SALES

If following the Damage giving rise to a claim under this policy the Insured shall hold a salvage sale during the Indemnity Period, Clause (a) of item 1 of the Specification shall for the purpose of such claim read as follows:

(a) In respect of Reduction in Turnover: The sum produced by applying the Rate of Gross Profit to the amount by which the Turnover during the Indemnity Period (less the Turnover for the period of the salvage sale) shall, in consequence of the Damage, fall short of the Standard Turnover, from which sum shall be deducted the Gross Profit actually earned during the period of the salvage sale.

CO-INSURANCE CLAUSE

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Being a Co-insurance of the under mentioned insurance companies, they shall, each for themselves and not one for the other, severally and independently have the rights and assume liability in proportion to their respective shares as mentioned below.

PT. ASURANSI ALLIANZ UTAMA INDONESIA as the representative of the Co-insurance shall attend to all matters connected with the Co-insurance but excluding settlement of claims and premium, which shall be handled by each Co-insurer independently.

Any agreement or decision that may be made between the insured and PT. ASURANSI ALLIANZ UTAMA INDONESIA shall be final and binding upon all Co-insurers.

Any notice that may be given by the insured to PT. ASURANSI ALLIANZ UTAMA INDONESIA in writing or otherwise shall be deemed as given to all Co-insurers.

Names of Co-insurers and their respective shares :

PT. ASURANSI ALLIANZ UTAMA INDONESIA(85% Share as LEADER)

PT. ASURANSI QBE POOL INDONESIA (15% Share as Member)

BUSINESS INTERRUPTION CLAUSE

In the event of any interest insured or any part thereof used by the Insured at the Premises specified in the policy schedule for the purpose of the Business being physically lost, destroyed or damaged caused by the perils covered under this policy during the Period of Insurance stated in the Schedule and the Business carried on by the Insured being in consequence thereof interrupted or interfered with, the Insurer will, subject to the provisions of this Policy including the limitation on the Insured’s liability, pay to the Insured the amount of loss resulting from such interruption or interference subject to the following condition and limit :

Basis of Settlement

For industry, 10% of the total damaged of the stocks (stock of trade and/or stock of raw material) hereby insured stated in the Policy Schedule caused by the perils covered under

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this policy, subject to a maximum limit of IDR. 100,000,000.- (or equivalent to any other Currencies) in the aggregate, whichever the less.

For non- industry (service), 5% of the total damaged of the interest hereby insured stated in the Policy Schedule caused by the perils covered under this policy, subject to a maximum limit of IDR. 100,000,000.- (or equivalent to any other Currencies) in the aggregate, whichever the less.

Provided that our above maximum liability is limited to any one single risk and/or considered as one risk as specified in the Policy Schedule

BIOLOGICAL OR CHEMICAL MATERIALS EXCLUSION

It is agreed that this Insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing concurrently or in any other sequence thereto.

NMA 296206/02/03Form approved by Lloyd’s market Association [Non-Marine]

BOOK DEBTS CLAUSE

The Insurers will indemnify the Insured following an Event Insured by this policy during the Period of Insurance to the records of the accounts receivable kept at the Premises in respect of:1. All sums due to the Insured from customers, provided the Insured is unable to effect

collections thereof as the direct result of such Insured Event.2. All interest charges on any loan to offset impaired the collections pending repayment of

such sums made uncollectable by such Insured Events1. Any collection expense in excess of normal collection cost and made necessary because

of such insured Events2. Auditor’s charges necessarily and reasonably incurred in substantiating any claim under

this Section

BOOK OF ACCOUNT

At the sole discretion of the Company book of account may be made following loss or damage as insured by this policy subject to any necessary adjustment upon final assessment of the amount of may such loss or damage as indemnified hereby.

BRAND AND LABEL CLAUSE

If branded or labelled merchandise covered by this Policy is damaged, and the Insurer elects to take all or any of such merchandise at the agreed or appraised value, the Insured may, at his own expense, stamp “salvage” on the merchandise or its containers or may remove the brands or labels, if such stamp or removal of brand or label will not physically damage the merchandise but the Insured shall at its own cost relabel the merchandise or containers in compliance with all of the requirements of the applicable law.

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BREACH OF POLICY CONDITIONS CLAUSE

This insurance shall not be affected and/or invalidated by any act or neglect, misrepresentation, breach in condition and/or warranty nor by change in the tittle or ownership of the property, provided the owner shall notify the insurer the happening of such act as soon as it comes to his knowledge and shall on reasonable demand pay the additional charges any increase or hazard created, as long as it is acceptable to the Insurer.

BREACH OF WARRANTIES CLAUSE

The conditions and warranties of this Policy shall apply individually to each of the risks insured and not collectively to them. Thus a breach in any condition or warranty shall void the section only in respect of all the risks to which that breach applied and does not affect the section in respect of the other risks.

BREACH OF WARRANTIES CLAUSE

The conditions and warranties of this Policy shall apply individually to each of the risks insured and not collectively to them. Thus a breach in any condition or warranty shall void the section only in respect of all the risks to which that breach applied and does not affect the section in respect of the other risks.

BROAD PAIR AND SET CLAUSE

It is hereby noted and agreed that in case of loss destruction or damage to part of a pair or set, the Insurer will pay the full amount of the pair or set provided the Insured agree to surrender the remaining articles of the pair or set to the Insurer.

BURST OF PIPES ENDORSEMENT

The Insurance under the policy shall subject to the special conditions hereinafter contained, extend to include:

Loss or damage to the property insured, directly caused by bursting or overflowing of water tanks, apparatus or pipes but excluding :

a.         Destruction or damage, caused by flood, subsidence or landslide.b.         Property in the open.c.          The first deductible as stated in the Policy Schedule of each and every loss.

BURST OF PIPE ENDORSEMENT

The insurance under this policy shall extend to include loss or damage to the property insured directly by bursting or overflowing of water tanks apparatus or pipes (excluding bursting due to wear & tear & gradual deterioration)

BURST OF PIPES ENDORSEMENT (TDP)

The insurance under this policy shall extended to include loss or damage to the property insured directly cause by bursting or overflowing of water tanks apparatus or pipes

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Business Interruption

In the event of any interest insured or any part thereof used by the Insured at the Premises specified in the policy schedule for the purpose of the Business being totally physically lost, destroyed or damaged caused by the perils covered under this policy during the Period of Insurance stated in the Schedule and the Business carried on by the Insured being in consequence thereof interrupted or interfered with, the Insurer will, subject to the provisions of this Policy including the limitation on the Insured’s liability, pay to the Insured the amount of loss resulting from such interruption or interference subject to the following condition and limit :

Basis of Settlement

For industry, 10% of the total damaged of the stocks (stock of trade and/or stock of raw material) hereby insured stated in the Policy Schedule caused by the perils covered under this policy, subject to a maximum limit of IDR. 100,000,000.- (or equivalent to any other Currencies).

For non- industry (service), 5% of the total damaged of the interest hereby insured stated in the Policy Schedule caused by the perils covered under this policy, subject to a maximum limit of IDR. 100,000,000.- (or equivalent to any other Currencies).

Provided that our above maximum liability is limited to any one single risk and/or considered as one risk as specified in the Policy Schedule

Definition

The interest insured under this policy is hereby considered as total loss, should the adjusted loss represent 85% of the total sum insured stated in the policy.

CANCELLATION CLAUSE

It is noted and agreed that article III item 20 of this Policy to be replaced as follows :1. Cancellation of this policy may be made by either the Insurer or the Insured at any

time by written notice with it’s reasoning to the other party at the latest known address The Insurer will discharge from liability under the Policy five (5) calendar days as from

date of written notice

2. In respect of cancellation being made as per item 1 above, premium paid will be refunded to the insured at pro rata basis for the unexpired period less acquisition cost

CANCELLATION CLAUSE (5 DAYS)

It is noted and agreed that Chapter IV article 27 of this Policy to be replaced as follows:

1. Cancellation of this policy may be made by either the Insurer or the Insured at any time by written notice with it’s reasoning to the other party at the latest known address. The Insurer will discharge from liability under the policy five (5) calendar days as from the date of written notice.

2. In respect of cancellation being made as per item 1 above, premium paid will be refunded to the insured at pro-rata basis for the unexpired period less acquisition cost.

CANCELLATION 30 DAYS CLAUSE (EXCEPT 3 DAYS FOR RSMD 4.1A + CC) - TDP

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Both the insurer and the insured are entitled to terminated this insurance upon 30 days notice in writing being given. Such termination should be effected to the registered letter and the insured entitled to a pro-rata refund premium for the un-expired period of insurance

Cancellation Clause (30 days except Riot, Strike, Malicious Damage and Civil Commotion which is 3 days and Earthquake, Volcanic Eruption and Tsunami which is 7 days) - IBS

Both the Insurer and the Insured are entitled to terminate this insurance upon 30 (thirty) days notice in writing being given, except for Riot, Strike, and Malicious Damage 4.1A plus Civil Commotion which is 3 days. Such termination should be effected of the registered letter.

When the Insurer terminates the insurance, he is obliged to return pro rata premium for the unexpired period of insurance. If it is the Insured who terminates the insurance, premium will be calculated on the short term rate laid down in the current Fire Insurance Tariff of Indonesia for the completed period of insurance.

CAPITAL ADDITIONS CLAUSE (10%)

The insurance hereby extends to cover alterations, additions and improvements (but not appreciation in value) in excess of the sums insured for buildings and machinery specified in the Policy for an amount not exceeding 10% of the sums insured thereby or Rp ….*………., whichever is the less, it is being understood that the Insured undertakes to advise the Insurer each quarter of such alterations, additions and improvements and to pay the appropriate additional premium thereon.

CIVIL AUTHORITIES CLAUSE

The insurance is extended to cover direct loss or damage to the described property caused by acts of destruction executed by order of any Public Authority at the time of and only during a conflagration to retard the spread thereof, and subject to all other terms and conditions of this Policy. This Insurer shall not be liable, however, for more than the amount for which it would have been liable had the loss been caused by a peril insured against under this Policy

CLAIM INTERIM PAYMENT CLAUSE

Insurers shall under this section, subject to the terms and conditions of the policy, indemnify the Insured on the basis of the full cost of repairing, reinstating or replacing property lost or damage even though such cost may vary from the original construction costs including value added tax (PPN).It is agreed that all monies property due to in settlement of claims under this section of Policy shall be paid to or their order.

CLAIM PREPARATION COST CLAUSE

This policy extends to indemnify the insured in respect of the cost and expenses necessarily and reasonably incurred for an amount not exceeding USD 15,000.00 Following loss destruction or damage to the property insured :

- To reconstruct and recompile records (but not for the value to the Insured of the information contained therein)

- To extract and compile information required by the Insurer’s from the Insured’s own records for the purpose of contesting any issue cover the Insurers liability under this policy, if claim is covered

Provided always that no amount shall be recoverable under this policy, if subsequent to the incurrence of any expenses, the Insurer deny any liability for any claim in respect of which expenses have been incurred (with or without the consent of the Insurer’s)

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CLAIM PREPARATION COSTS CLAUSE

The insurance under this item is to cover such reasonable professional fees payable by the insured to their financial advisers (including fees of accountants) and such other reasonable expenses necessarily incurred by the insure and not otherwise recoverable, for preparation of claims under the insured’s material damage and consequential loss insurance policies and the insurers shall indemnify the insured for such reasonable fees and expenses

CLOSURE BY ORDER OF PUBLIC AUTHORITIES

Notwithstanding anything contained in this policy to the contrary, loss as insured by the Policy resulting from interruption of or interference with the business directly or indirectly arising from :

a) Closure or evacuation of the whole or part of the premises by order of a competent Public authority consequent upon :

i. Human infectious or contagious disease occurring at the premises ii. Vermin or pests or defects in the drains or other sanitary arrangements at the

premises iii. The outbreak of a notifiable human infectious or contagious disease occurring

in the vicinity of the premises b) Poisoning directly caused by the consumption of food or drink provided on the

premises c) Murder or suicide occurring in or at the premises d) Threat of violent damage the premises and/or injury to persons therein

Shall be deemed to be loss resulting from damage to property used by the Insured at the premises

CLOSURE BY ORDER OF PUBLIC AUTHORITIES

Loss as insured by the Policy resulting from interruption of or interference with the Business directly or indirectly arising from closure or evacuation of the whole or part of the Premises by order of a competent Public Authority directly or indirectly arising from infectious or contagious disease occurring in the Premises or from a threat of violent damage to the Premises and or injury to persons therein shall be deemed to be loss resulting from Damage to property used by the Insured at the Premises for the purpose of the Business.

CLOSURE BY PUBLIC AUTHORITIES

Notwithstanding anything contained in this policy to the contrary, loss as insured by the Policy resulting from interruption of or interference with the business directly or indirectly arising from :

e) Closure or evacuation of the whole or part of the premises by order of a competent Public authority consequent upon :

i. Human infectious or contagious disease occurring at the premises ii. Vermin or pests or defects in the drains or other sanitary arrangements at the

premises iii. The outbreak of a notifiable human infectious or contagious disease occurring

in the vicinity of the premises f) Poisoning directly caused by the consumption of food or drink provided on the

premises g) Murder or suicide occurring in or at the premises h) Threat of violent damage the premises and/or injury to persons therein

Shall be deemed to be loss resulting from damage to property used by the Insured at the premises

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Closure by Public Authorities Clause

Loss as insured by this Section 2 of the Policy resulting from interruption or interference with the Business directly or indirectly arising from closure or evacuation of the whole or part of the premises by order of a competent public authority due to the operation of a cause insured by Section 1 of this policy shall be deemed to be a loss resulting from Damage to property used by the Insured at the Premises subject to an applicable Policy Limit each and every loss.

CO-INSURANCE CLAUSE

Being a Co-insurance of the under mentioned insurance companies, they shall, each for themselves and not one for the other, severally and independently have the rights and assume liability in proportion to their respective shares as mentioned below.

PT. ASURANSI ALLIANZ UTAMA INDONESIA as the representative of the Co-insurance shall attend to all matters connected with the Co-insurance but excluding settlement of claims and premium, which shall be handled by each Co-insurer independently.

Any agreement or decision that may be made between the insured and PT. ASURANSI ALLIANZ UTAMA INDONESIA shall be final and binding upon all Co-insurers.

Any notice that may be given by the insured to PT. ASURANSI ALLIANZ UTAMA INDONESIA in writing or otherwise shall be deemed as given to all Co-insurers.

Names of Co-insurers and their respective shares :

PT. ASURANSI ALLIANZ UTAMA INDONESIA(25% Share as LEADER)

PT. ASURANSI SINAR MAS(25% Share as Member)

PT. ASURANSI RAMA SATRIA WIBAWA(25% Share as Member)

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PT. ASURANSI AEGIS(15% Share as Member)

PT. ASURANSI WAHANA TATA(10% Share as Member)

COMPULSORY CLAUSES

THEFT DURING FIRE EXCLUSION CLAUSE (COMPULSORY)

Notwithstanding anything contained in article 291 of the Commercial Code (Kitab Undang-Undang Hukum Dagang) to the contrary, it is hereby expressly understood that, in case of fire, missing by theft or otherwise shall not be covered under this Policy.

ELECTRICAL SHORT CIRCUIT CLAUSE (COMPULSORY)

It is hereby expressly understood and agreed that this policy also covers loss or damage caused by fire as consequence of electrical short circuit.

REINSTATEMENT ADDITIONAL PREMIUM CLAUSE (COMPULSORY)

It is hereby understood that in case of reinstatement of the sum insured referred to in Article XVII of the within policy, the additional premium shall be calculated on a prorate basis in accordance with the remaining period of cover.

COMPUTER RECORDS CLAUSE Computer systems records but only for the value of the materials together with the cost of clerical labour and computer time expended in reproducing such records (excluding any expense in connection with the production of information to be recorded therein) and not for the value to the Insured of the information contained therein.  

COMPUTER RECORDS CLAUSE Computer systems records but only for the value of the materials together with the cost of clerical labour and computer time expended in reproducing such records (excluding any expense in connection with the production of information to be recorded therein) and not for the value to the Insured of the information contained therein.  

MILLENIUM EXCLUSION CLAUSE

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The Policy is hereby amended as follows:

A.    We will not pay for Damage or Consequential Loss directly or indirectly caused by, consisting of, or arising from, the failure of any computer, data processing equipment or media microchip, operating systems, microprocessor (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 inability to:1. Correctly recognize any date as its true calendar date;2. Capture, save, or retain and/or correctly manipulate, interpret or process any date or

information or command or instruction as a result of treating any date otherwise 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 we will not pay for the repair or modification of any part of an electronic data processing system or its related equipment, to correct deficiencies or features of logic or operation.

C.    It is further understood that we will not pay for Damage or Consequential Loss arising from the failure, inadequacy, or malfunction of any advice, consultation, design evaluation, inspection, installation, maintenance, repair or supervision done by you or for you or by or for others to determine, rectify or test, any potential or actual failure, malfunction or inadequacy described in A, above.

Such damage or Consequential Loss described in A, B, or C above, is excluded regardless of any other cause that contributed concurrently or in any other sequence.

This Endorsement shall not exclude subsequent Damage or Consequential Loss, not otherwise excluded, which itself results from a Defined Peril. Defined Peril shall mean: Fire, Lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, hurricane, cyclone, riot, strike, civil commotion, vandalism, malicious mischief, earthquake, volcano, tsunami.

CONSTRUCTIVE TOTAL LOSS CLAUSE (75%) Constructive Total Loss due to accidental damage under this policy shall mean losses whereupon the cost of repair is equal to oe exceeding 75% of the value of the interest insured.

CONSTRUCTIVE TOTAL LOSS CLAUSE (75%) Constructive Total Loss due to accidental damage under this policy shall mean losses whereupon the cost of repair is equal to oe exceeding 75% of the value of the interest insured.

CONTRACT PRICE CLAUSE In the event of goods insured by this Policy having been sold but not delivered for which the Insured is responsible and under the conditions of sales, the contract is cancelled by reason of non-delivery of such goods destroyed or damaged by fire or by any other perils insured hereby, the liability of the Company in respect of such goods shall be based on the Contract Price. It is understood and agreed that for the purposes of Average the value of the goods insured hereby shall be calculated on the same basis as that on which the loss is assessed.

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COST OF DEMOLITION AND CLEARING AND ERECTION OF HOARDINGS CLAUSE

The insurance by this policy is extended to include costs, necessarily incurred by the insured in respect of the demolition of buildings and / or removal of debris from the site, and in providing erection and maintaining any street or pavement hoarding required during demolition, site clearing and/or building operations, following destruction of or damage to the property insured by fire or any other perils hereby insured against, provided that the total amount receivable under any item of the policy shall not exceed the sum insured thereby

COST OF RECOMPILING RECORDS AND PREPARING CLAIMS CLAUSE

The insurance under the Policy is limited to:

(a) cost of recompiling records but only for the value of the materials together with the cost of clerical labour expended in producing such records and

(b) reasonable charges incurred by the Insured for producing and certifying any information as may be required by the Insured under the items of Condition II of the Policy.

It is further understood that the Company shall not be liable under this extension for an amount in excess 10% of claim.

COST OF RE-ERECTION CLAUSE

The insurance by this Policy extends to cover the cost of re-erecting, fitting and fixing machinery or plant destroyed or damaged by fire or by any other peril hereby insured against providing always that the liability of the Insurer shall not exceed the sum insured of such machinery or plant under this Policy.

COST OF REWRITING RECORDS AND CLAIM PREPARATION CLAUSE

On costs and expenses necessarily and reasonably incurred by the insured following loss or damage to the property insured

I. To reconstruct and recompile records (but not for the value to the Insured of the insured information contained therein)

II. To extract and compile information required by the company from the Insured’s own records for the purpose of preparing a claim under the policy but excluding legal, investigation fees/expenses incurred for the purpose of contesting any issue over the company’s liability under the policy

COST OF TEMPORARY PROTECTION CLAUSE

It is hereby declared and agreed that this Policy is extended to cover the cost of temporary protection up to a limit of US$ 2,500 any one loss but subject to US$ 10,000 in the aggregate, reasonably necessary for the safety and protection of the premises pending repairs/replacement of damage.

CURRENCY CLAUSE

It is hereby understood and agreed that in case a claimable loss hereunder, if any, is denominated in currency other than the currency stated in the Policy Schedule, then the conversion rate shall be the middle rate for bank notes published by the Bank Indonesia on the date of agreement between the Insurer and Insured as to the amount of loss.

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CUSTOMERS GOODS CLAUSE

It is hereby declared and agreed notwithstanding anything contained in the within policy to the contrary but subject to its terms, limitations and conditions that as regards Customers' Goods, this policy indemnifies the Insured against his legal liability for destruction or damage of such property by fire or any other peril hereby insured against.

CYBER LIABILITY EXCLUSION CLAUSE

This agreement does not apply to and specifically excludes losses of any kind directly or indirectly caused by, arising from or consisting of in whole or in part:

a. the use or misuse of the internet or similar facilityb. any electronic transmission of data or other informationc. any computer virus or similar problemd. the use or misuse of any internet address, website or similar facilitye. any data or other information posted on website or similar facilityf. any loss of data or damage to any computer system, including but not limited to hardware

of software (unless such loss or damage is caused by an earthquake, a fire, a flood or a storm)

g. the functioning or malfunctioning of the internet or similar facility or of any internet address, website or similar facility (unless such loss or damage is caused by an earthquake, a fire, a flood or a storm)

h. any infringement whether intentional or unintentional of any intellectual property rights (including but not limited to trademark, copyright or patent)

CYBER PRIMARY EXCLUSION

Standard All Risk-Material Damage and Business Interruption Version 2 : Virus or similar Mechanism or HackingThis policy does not cover Damage : to any computer or other equipment or component or system or item which process stores transmits or retrieves data or any part thereof including loss or corruption of data whether tangible or intangible (including but without limitation any information or programs or software) and whether the property of the insured or not, where such damage is caused by (programming or operator error) virus or similar mechanism or hacking

Consequential loss : directly or indirectly caused by or arising from (programming or operator error) virus or similar mechanism or hackingBut this exception shall not exclude any claim for subsequent loss or destruction of or damage to any property or consequential loss which it self result from a defined contingency (as defined hereunder), but only to the extent that such claim would otherwise be insured under this policy

DEFINITIONFor the purpose of this exception only, Defined Contingency shall mean fire, lightning, explosion, aircraft and other aerial devices or articles dropped there from, riot, civil commotion, strikes, locked out workers, persons taking part in labour disturbances, malicious persons, other than thieves, earthquake, storm, flood, escape of water from any tank apparatus or pipe, impact by any road vehicle or animal

HACKING

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Hacking means unauthorized access to any computer or other equipment or component or system or item, which process stores, transmits or retrieves data

CYBER RISK EXCLUSION CLAUSES (NMA2912)

Losses arising, directly or indirectly out of:

(i) Loss of, alteration of, or damage toor

(ii) A reduction in the functionality, availability or operation of

A computer system, hardware programme, software, data, information repository, microchip, integrate circuit or similar device in computer equipment or non-computer equipment, whether the property of the policyholder of the reinsured or not, do not in and of themselves constitute an event unless arising out of one or more of the following perils:Fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, cyclone, hurricane, volcano, tsunami, flood, freeze or weight of snow.

STOCK DECLARATION CLAUSE

1. In consideration of the premium by this Policy being provisional in that it is calculated on 75% of the sum insured hereby and is subject to adjustment on expiry of each period of insurance:- The insured agrees to declare to the Insurer in writing the value of his stocks (other

than retail), less any amount insured by Policies other than declaration policies, on the following basis namely the average of the values at risk during the month and to make such declaration within thirty days of the last day of the calendar month, such declaration to be signed by the Insured or by a responsible person authorized to sign on his behalf.

- If other policies on a declaration basis cover the stocks hereby insured the declaration shall be made so as to apportion to each policy a share of the value of the stocks insured under such declaration policies, pro rata to the respective amounts named in the policies.

- In the event of a declaration not being made within the 30 days mentioned above then the Insured shall be deemed to have declared the sum hereby as the value at risk.

- On the expiry of each period of insurance the premium shall be calculated at the rate quoted on the average sum insured, namely the total of the values declared or deemed to have been declared divided by the number of declarations due to have been made. If the resultant premium be greater than the provisional premium the Insured shall pay the difference, if it be less the difference shall be repaid to the Insured but such repayment shall not exceed one third of the provisional premium.

2. The basis of value for declarations shall be the market value and any loss hereunder shall be settled on the basis of the market value immediately anterior to the loss.

3. If at the time of any loss, there be any other subsisting insurance of insurance on other than a declaration basis, whether effected by the Insured or by any other person or persons, covering the stocks hereby insured, this Policy shall apply only to the excess of the value of such stocks at the time of loss over the sum insured by such insurance or insurances, and this Insurer shall not be liable to contribute more than that proportion of such loss which such excess (or, if there be other declaration insurances covering the same stocks, a rateable proportion of such excess), but not exceeding the sum insured hereby, bears to the total value of the stocks.

4. If after the occurrence of a loss it is found that the amount of the last declaration previous to the loss is less than the amount that ought to have been declared, then the amount which would have been recoverable by the Insured shall be reduced in such proportion to the amount of the said last declaration bears to the amount that ought to have been declared.

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5. Notwithstanding the occurrence of a loss it is understood that the sum insured will be maintained at all times during the currency of the Policy and the Insured therefore undertakes to pay extra premium on the amount of any loss pro rata from the date of such loss to the expiry of the period of insurance, the premium being calculated at the rate applicable to the stock destroyed and such extra premium shall not be taken into account in, and shall be distinct from, the final adjustment of premium.

6. In the event of this Policy being cancelled by the Insured during its currency (whether stocks exist or not) the premium to be retained by the Insurer shall be the appropriate short period premium calculated on the average amount insured up to the date of the cancelment, or 50% of the provisional premium whichever is the greater but if the Policy is cancelled by the Insured after a loss has occurred the premium to be retained by the Insurer shall be the pro rata proportion of the premium calculated on the average amount insured on the date of cancelment plus the pro rata proportion if the premium from the date of loss to the expiry of the period of insurance on the amount of the loss paid, or 50% of the provisional premium whichever is the greater.

7. The maximum liability of the Insurer shall not exceed the sum insured hereby and premium shall not be receivable on values insured thereof. The sum insured may, however, be increased by prior agreement with the Insurer in which event the new sum insured and the date from which it is effective will be recorded on the Policy by endorsement.

8. If the stocks hereby insured shall at the time of loss be collectively of greater value than the sum insured thereon, then the Insured shall be considered as being his own insurer for the difference and shall bear a rateable proportion of the loss accordingly. Every time, if more than one Sum Insured exist on stocks (other than retail) it shall be separately subject to this condition.

9. It is warranted that every other Policy on a declaration basis covering the stocks insured hereby shall be identical in wording with this Policy.

This insurance is subject in all respect to the printed conditions of the Policy except in so far as they may be varied by these special.

CLAIM INTERIM PAYMENT CLAUSE

Insurers shall under this section, subject to the terms and conditions of the policy, indemnify the Insured on the basis of the full cost of repairing, reinstating or replacing property lost or damage even though such cost may vary from the original construction costs including value added tax (PPN).It is agreed that all monies property due to in settlement of claims under this section of Policy shall be paid to or their order.

CLAIM PAYMENT CLAUSE

Insurers shall under this section, subject to the terms and conditions of the policy, indemnify the Insured on the basis of the full cost of repairing, reinstating or replacing property lost or damage even though such cost may vary from the original construction costs including value added tax (PPN).It is agreed that all monies property due to in settlement of claims under this section of Policy shall be paid to or their order.

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CLOSURE BY ORDER OF PUBLIC AUTHORITIES

Loss as insured by the Policy resulting from interruption of or interference with the Business directly or indirectly arising from closure or evacuation of the whole or part of the Premises by order of a competent Public Authority directly or indirectly arising from infectious or contagious disease occurring in the Premises or from a threat of violent damage to the Premises and or injury to persons therein shall be deemed to be loss resulting from Damage to property used by the Insured at the Premises for the purpose of the Business.

CLOSURE BY PUBLIC AUTHORITIES

Notwithstanding anything contained in this policy to the contrary, loss as insured by the Policy resulting from interruption of or interference with the business directly or indirectly arising from :

i) Closure or evacuation of the whole or part of the premises by order of a competent Public authority consequent upon :

i. Human infectious or contagious disease occurring at the premises ii. Vermin or pests or defects in the drains or other sanitary arrangements at the

premises iii. The outbreak of a notifiable human infectious or contagious disease occurring

in the vicinity of the premises j) Poisoning directly caused by the consumption of food or drink provided on the

premises k) Murder or suicide occurring in or at the premises l) Threat of violent damage the premises and/or injury to persons therein

Shall be deemed to be loss resulting from damage to property used by the Insured at the premises

Closure by Public Authorities Clause

Loss as insured by this Section 2 of the Policy resulting from interruption or interference with the Business directly or indirectly arising from closure or evacuation of the whole or part of the premises by order of a competent public authority due to the operation of a cause insured by Section 1 of this policy shall be deemed to be a loss resulting from Damage to property used by the Insured at the Premises subject to an applicable Policy Limit each and every loss.

CO-INSURANCE CLAUSE

Being a Co-insurance of the under mentioned insurance companies, they shall, each for themselves and not one for the other, severally and independently have the rights and assume liability in proportion to their respective shares as mentioned below.

PT. ASURANSI ALLIANZ UTAMA INDONESIA as the representative of the Co-insurance shall attend to all matters connected with the Co-insurance but excluding settlement of claims and premium, which shall be handled by each Co-insurer independently.

Any agreement or decision that may be made between the insured and PT. ASURANSI ALLIANZ UTAMA INDONESIA shall be final and binding upon all Co-insurers.

Any notice that may be given by the insured to PT. ASURANSI ALLIANZ UTAMA INDONESIA in writing or otherwise shall be deemed as given to all Co-insurers.

Names of Co-insurers and their respective shares :

PT. ASURANSI ALLIANZ UTAMA INDONESIA

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(25% Share as LEADER)

PT. ASURANSI SINAR MAS(25% Share as Member)

PT. ASURANSI RAMA SATRIA WIBAWA(25% Share as Member)

PT. ASURANSI AEGIS(15% Share as Member)

PT. ASURANSI WAHANA TATA(10% Share as Member)

COMPULSORY CLAUSES

THEFT DURING FIRE EXCLUSION CLAUSE (COMPULSORY)

Notwithstanding anything contained in article 291 of the Commercial Code (Kitab Undang-Undang Hukum Dagang) to the contrary, it is hereby expressly understood that, in case of fire, missing by theft or otherwise shall not be covered under this Policy.

ELECTRICAL SHORT CIRCUIT CLAUSE (COMPULSORY)

It is hereby expressly understood and agreed that this policy also covers loss or damage caused by fire as consequence of electrical short circuit.

REINSTATEMENT ADDITIONAL PREMIUM CLAUSE (COMPULSORY)

It is hereby understood that in case of reinstatement of the sum insured referred to in Article XVII of the within policy, the additional premium shall be calculated on a prorate basis in

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accordance with the remaining period of cover.

COMPUTER RECORDS CLAUSE Computer systems records but only for the value of the materials together with the cost of clerical labour and computer time expended in reproducing such records (excluding any expense in connection with the production of information to be recorded therein) and not for the value to the Insured of the information contained therein.  

MILLENIUM EXCLUSION CLAUSE

The Policy is hereby amended as follows:

A.    We will not pay for Damage or Consequential Loss directly or indirectly caused by, consisting of, or arising from, the failure of any computer, data processing equipment or media microchip, operating systems, microprocessor (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 inability to:4. Correctly recognize any date as its true calendar date;5. Capture, save, or retain and/or correctly manipulate, interpret or process any date or

information or command or instruction as a result of treating any date otherwise than as its true calendar date; and/or

6. 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 we will not pay for the repair or modification of any part of an electronic data processing system or its related equipment, to correct deficiencies or features of logic or operation.

C.    It is further understood that we will not pay for Damage or Consequential Loss arising from the failure, inadequacy, or malfunction of any advice, consultation, design evaluation, inspection, installation, maintenance, repair or supervision done by you or for you or by or for others to determine, rectify or test, any potential or actual failure, malfunction or inadequacy described in A, above.

Such damage or Consequential Loss described in A, B, or C above, is excluded regardless of any other cause that contributed concurrently or in any other sequence.

This Endorsement shall not exclude subsequent Damage or Consequential Loss, not otherwise excluded, which itself results from a Defined Peril. Defined Peril shall mean: Fire, Lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, hurricane, cyclone, riot, strike, civil commotion, vandalism, malicious mischief, earthquake, volcano, tsunami.

CONSTRUCTIVE TOTAL LOSS CLAUSE (75%) Constructive Total Loss due to accidental damage under this policy shall mean losses whereupon the cost of repair is equal to oe exceeding 75% of the value of the interest insured.

CONTRACT PRICE CLAUSE

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 In the event of goods insured by this Policy having been sold but not delivered for which the Insured is responsible and under the conditions of sales, the contract is cancelled by reason of non-delivery of such goods destroyed or damaged by fire or by any other perils insured hereby, the liability of the Company in respect of such goods shall be based on the Contract Price. It is understood and agreed that for the purposes of Average the value of the goods insured hereby shall be calculated on the same basis as that on which the loss is assessed.

COST OF DEMOLITION AND CLEARING AND ERECTION OF HOARDINGS CLAUSE

The insurance by this policy is extended to include costs, necessarily incurred by the insured in respect of the demolition of buildings and / or removal of debris from the site, and in providing erection and maintaining any street or pavement hoarding required during demolition, site clearing and/or building operations, following destruction of or damage to the property insured by fire or any other perils hereby insured against, provided that the total amount receivable under any item of the policy shall not exceed the sum insured thereby

COST OF RECOMPILING RECORDS AND PREPARING CLAIMS CLAUSE

The insurance under the Policy is limited to:

(c) cost of recompiling records but only for the value of the materials together with the cost of clerical labour expended in producing such records and

(d) reasonable charges incurred by the Insured for producing and certifying any information as may be required by the Insured under the items of Condition II of the Policy.

It is further understood that the Company shall not be liable under this extension for an amount in excess 10% of claim.

CYBER RISK EXCLUSION CLAUSES (NMA2912)

Losses arising, directly or indirectly out of:

(iii) Loss of, alteration of, or damage toor

(iv) A reduction in the functionality, availability or operation of

A computer system, hardware programme, software, data, information repository, microchip, integrate circuit or similar device in computer equipment or non-computer equipment, whether the property of the policyholder of the reinsured or not, do not in and of themselves constitute an event unless arising out of one or more of the following perils:Fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, cyclone, hurricane, volcano, tsunami, flood, freeze or weight of snow.

CYBER PRIMARY EXCLUSION

Standard All Risk-Material Damage and Business Interruption Version 2 : Virus or similar Mechanism or HackingThis policy does not cover Damage : to any computer or other equipment or component or system or item which process stores transmits or retrieves data or any part thereof including loss or corruption of data whether tangible or intangible (including but without limitation any information or programs or software) and whether the property of the insured or not, where such damage is caused by (programming or operator error) virus or similar mechanism or hacking

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Consequential loss : directly or indirectly caused by or arising from (programming or operator error) virus or similar mechanism or hackingBut this exception shall not exclude any claim for subsequent loss or destruction of or damage to any property or consequential loss which it self result from a defined contingency (as defined hereunder), but only to the extent that such claim would otherwise be insured under this policy

DEFINITIONFor the purpose of this exception only, Defined Contingency shall mean fire, lightning, explosion, aircraft and other aerial devices or articles dropped there from, riot, civil commotion, strikes, locked out workers, persons taking part in labour disturbances, malicious persons, other than thieves, earthquake, storm, flood, escape of water from any tank apparatus or pipe, impact by any road vehicle or animal

HACKINGHacking means unauthorized access to any computer or other equipment or component or system or item, which process stores, transmits or retrieves data

DAMAGE TO OWN SURROUNDING PROPERTY CLAUSE

Loss of or damage to property located on or adjacent to the Site and belonging to or held in care, custody or control of the Principal(s) or the Contractor(s) shall only be covered if occurring in direct connection with the erection, construction or testing of the items insured under Section I and happening during the period of cover, and subject to maximum limit of IDR 50,000,000.00 This cover does not apply to construction / erection machinery and construction / erection plant and equipment.

DAMAGE TO PREMISES CLAUSE

It is hereby understood and agreed that the insurance by this policy extends to include damage to property in the premises due to Burglary, Robbery and the like.This extension, however does not apply to property if and so far as it is otherwise insured.

DATA DISTORTION/CORRUPTION ENDORSEMENT

It is noted and agreed this policy is hereby amended as follows:

The Insurer will not pay for Damage or Consequential loss directly or indirectly caused by, consisting of, or arising from:a. Any functioning or malfunctioning of the Internet or similar facility, or of any intranet

or private network or similar facility,b. Any corruption, destruction, distortion, erasure or other loss or damage to data,

software or any kind of programming or instruction set,c. Loss of use or functionality whether partial or entire of data, coding, program,

software, any computer system or other device dependent inability or failure of the Insured to conduct business.

This endorsement shall not exclude subsequent Damage or Consequential loss, not otherwise excluded, which itself results from a Defined Peril. Defined Peril shall mean: Fire, Lightning, Earthquake, Explosion, Falling Aircraft, Flood, Smoke, Vehicle Impact, Windstorm or Tempest.(LOB: PROPERTY)

This endorsement shall not act to increase or broaden coverage afforded by this policy.

Such Damage or Consequential Loss described in A, B, or C above, is excluded regardless of

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any other cause that contributed concurrently or in any other sequence.

In consequence of all the foregoing the Annual Premium remains unaltered.

All other terms, conditions and exclusions of this policy remain unchanged.

DEBRIS REMOVAL CLAUSE (SUB LIMIT 5% OF SUM INSURED)

On first loss basisThe insurance under this heading is not subject to the Average Clause.1. In consideration of the payment of an additional premium this policy extends to indemnify

the Insured in respect of:The cost of removal of debris, demolition and any temporary repairs necessary (including the Insured's legal liability for the cost of removal of debris, demolition and temporary repairs in regard to adjoining premises, roadways or waterways, as well as on the site), consequent upon the destruction of or damage to any property, insured by the Insured's Fire Policy (of Policies) occasioned by fire or any other perils thereby insured against.Provided always

that such cost is not recoverable under any other Policy of Insurance; that the indemnity afforded by this insurance shall not apply to or include liability

assumed by the Insured under agreement entered into after the commencing date of this insurance unless such liability would have attached to the Insured in the absence of such agreement.

2. Sum insured :which in no case shall exceed 5% of the total sum insured on building(s) and/or contents.

DEFERRED PREMIUM CLAUSE

Notwithstanding that this policy is issued as a contract for a period of twelve months it is hereby understood and agreed that the premium shall be payable in the following installment:

1st installment : (40%) due at December 31, 20032nd installment : (30%) due at February 02, 20043rd installment : (30%) due at March 31, 2004

It is further understood and agreed that in the event of the premium is not being paid in full within the allowed credit terms the cover afforded by this policy shall be deemed to have ceased at midnight of such due date.In the event of a claim arising hereunder which excess the installment premium paid on this policy the installment of premium then outstanding shall become due and payable forthwith.

DEFERRED PREMIUM CLAUSE

Notwithstanding that this policy is issued as a contract for a period of twelve months it is hereby understood and agreed that the premium shall be payable in the following installment:

1st installment : (40%) due at December 31, 20032nd installment : (30%) due at February 02, 20043rd installment : (30%) due at March 31, 2004

It is further understood and agreed that in the event of the premium is not being paid in full within the allowed credit terms the cover afforded by this policy shall be deemed to have ceased at midnight of such due date.In the event of a claim arising hereunder which excess the installment premium paid on this policy the installment of premium then outstanding shall become due and payable forthwith.

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DEFUNCT SPARES CLAUSE

It is noted and agreed that in the event of spares currently insured hereunder and represented within the total sum insured under the policy becoming obsolete following an indemnifiable loss to the unit and/or units to which they belong, such spares shall also be deemed a constructive total loss. Provided always that such spares cannot be used as spares for any other units within the premises of the insured. Insurers retain salvage rights over such spares.

DEMONSTRATION, DISPLAY & EXHIBITION INSURANCE CLAUSE

Notwithstanding anything containing herein to the contrary, it is hereby agreed that this policy covers loss or damage during demonstration, display & exhibition by fire, burglary, housebreaking, theft or any accident or misfortune up to USD.10,000.00 subject to maximum duration of 3 (three) days any one event.

DENIAL OF ACCESS

It is hereby declared and agreed that subject to the conditions of this Policy resulting from interruption of or interference with the business in consequence of damage (as with in defined) to property in the vicinity of the premises which shall prevent or hinder the use thereof or access thereto, whether the premises or property of the insured therein shall be damage or not, shall be deemed to be loss resulting from damage to property used by the insured at the premises.

 

DEPARTMENTAL CLAUSE

If the business be conducted in departments the independent trading results of which are ascertainable, the provisions of Clauses (a) and (b) of the item on Gross Profit of the Specification shall apply separately to each department affected by Damage ,except that if the Sum Insured by the said item be less than the aggregate of the sums produced by applying the Rate of Gross Profit for each department of the Business (whether affected by Damage or not) to the relative Annual Turnover (or to a proportionately increased multiple if the Maximum Indemnity Period exceeds twelve months) the amount payable shall be proportionately reduced).

DEPRECIATION OF UNDAMAGED STOCK CLAUSE

THE POLICY EXTENDS TO INCLUDE LOSS SUSTAINED BY THE INSURED AS THE RESULT OF DEPRECIATION OF UNDAMAGED STOCK WHICH CANNOT BE PROCESSED PROMPTLY DUE TO INTERRUPTION OF OR INTERFERENCE WITH THE BUSINESS IN CONSEQUENCE OF DAMAGE TO PROPERTY INSURED.

NEITHER THE PROPERTY NOR THE CONSEQUENTIAL LOSS SECTION OF THE “INDUSTRY WORDING” CATER FOR LOSS SUSTAINED BY THE CLIENT DUE TO DEPRECIATION OF UNDAMAGED STOCK, WHICH CANNOT BE PROCESSED PROMPTLY IN CONSEQUENCE OF DAMAGE TO ANY INSURED PROPERTY BY AN INSURED EVENT.

IF THE CLIENT HAS ANY STOCK OF RAPIDLY GOODS OR MATERIALS, THIS ENDORSEMENT SHOULD BE INCLUDED FOR THE CLIENT’S PROTECTION.

AS INSURERS MAY REQUIRE FURTHER INFORMATION WE NEED TO KNOW : THE NATURE OF THE GOODS OR MATERIALS; STORAGE DETAILS; NORMAL METHOD OF PROCESSING/PRODUCTION;

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LEAD TIME TO RENDER THE GOODS/MATERIALS UNSUABLE; VALUE AT RISK AND SUB-LIMIT OF LIABILITY REQUIRED; DEDUCTIBLE TO APPLY; PREVIOUS LOSS HISTORY;

DESCRIPTION OF PROPERTY INSURED CLAUSE

Where any doubt arises as to the definition under which any property is included for the basis of settlement the Company agrees to accept the designation of such property as may have been included in the Insured’s books.

DETERIORATION OF STOCK

In consideration of an additional premium, this policy is extended to cover deterioration of stock caused by a change in temperature due to sudden and unforeseen of:

1.       a) Damage to the refrigerating plant.

b) Non operation of the controlling devices of the refrigerating plant.

2.       The action of escaping refrigerant fumes.

Provided that the Insured does not exceed the manufacturer’s capacity of such refrigerating plant and provided always that such plant is property maintained in accordance with manufactures specifications.

The insurance provided by this endorsement does not apply to loss or damage arising out of

1.       Shrinkage, inherent defects or natural putrefaction.2.       Improper storage, damage to packaging material and the like.3.       Willful act or willful neglect of the Insured or Insured’s employees.4.       Penalties of delay in delivery and all other consequential loss.

The limit of liability in respect of this endorsement shall not exceed ________ any one event.

The Insured shall be responsible for the first ________ of each and every loss hereunder.

Subject otherwise to all terms, conditions and exceptions of the Policy.

DISPUTE CLAUSE A (ARBITRATION)

1. In the even of any dispute arising between the Insurer and the Insured  in respect of the implementation and or interpretation of this Policy, the dispute shall be settled amicably within 60 (sixty) days since the dispute arises. The dispute arises since the Insured or the Insurer has expressed in writing his disagreement on the subject matter of the dispute. If the dispute could not be settled amicably, then either the Insured or the Insurer shall settle the dispute trough Arbitration Ad Hoc.

2. The Insured of the Insurer shall notify in writing the other party by registered letter, telegrams, telex, facsimile, E-mail or by courier, advising that the dispute shall be

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settled through Arbitration Ad Hoc. The settlement through arbitration repudiates the rights of the Insurer and or the Insured to settle the dispute trough court.

3. The Arbitration Ad Hoc consists of three arbitrators. Insured and Insurer each shall appoint one arbitrator within 30 (thirty) days from the date of the receipt of the written notification, then the two arbitrators shall appoint the third arbitrator within 14 (fourteen) days from the date of appointment of the second arbitrator. The third arbitrator shall act as umpire of the Arbitration.

4. Should there be any disagreement as to the appointment of arbitrator(s) and or the two arbitrators fail to appoint the third arbitrator, then the Insured and or the Insurer could request the Chairman of the court (Ketua Pengadilan Negeri) to appoint the arbitrator(s) and or umpire.

5. The arbitrators shall examine the case and make an award within 180 (one hundred and eighty) days from the date of the formation of the Arbitration Ad Hoc. The period of examination of the case could be extended upon the consent of both parties and if it is deemed necessary by the Arbitration Ad Hoc.

6. The Arbitration award is final, binding and enforceable for both parties, the Insured and the Insurer. Should the Insured and or the Insurer fail to comply with the arbitration award, then at the request of the other party, the award shall be executed under the order of the Chairman of the court (Ketua Pengadilan Negeri).

7. Matters which are not provided and or not sufficiently provided under this clause shall be subject to the provisions of the Act of the Republic Indonesia Nr.30 year 1999 dated August 12, 1999 regarding Arbitration and Alternative Dispute Resolution.

DISPUTE CLAUSE B

In the event of any dispute arising between the insurer and the insured in respect of the implementation and/or interpretation of this policy, the dispute shall be settled amicably within 60 days since the dispute arises. The dispute arises since the insurer or the insured has expressed in writing his disagreement on the subject matter of the disputeIf the dispute could not be settled amicably, then either the Insurer or the Insured shall settled the dispute through Court of Law where defendant resides

DISPUTE CLAUSE C

In the even of any dispute arising between the insurer and the insured in respect of the implementation and/or interpretation of this policy, the dispute shall be settled amicably within 60 (sixty) days since the dispute arises. The dispute arises since the insured or the insurer has expressed in writing his disagreement on the subject matter of the dispute. If the dispute could not be settled, the Insurer shall give the option to the Insured to elect either one of the following dispute clauses to settle the dispute and such choice could not be revoked. The Insured must notify his choice to the Insurer by register letter, telegrams, telex, facsimile. Email or by Courier.

Settlement of Dispute (Arbitration) Clause

It is hereby not and agreed that The Insured and The Insurer shall settle the dispute through arbitration Ad Hoc as follows :

1. The Arbitration Ad Hoc consist of three arbitrators. The Insured and Insurer each shall appoint on arbitrator within 30(thirty) days from the date of receipt of the written notification, them the two arbitrators shall appoint the third arbitrators within 14(fourteen) days from the date of appointment of the second arbitrator. The third arbitrator shall as umpire of the Arbitration Ad Hoc.

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2. Should there by any disagreement as to appointment of arbitrator(s) and or the two arbitrator fail to appoint the third arbitrator, then the Insured and or the Insurer could request the Chairman of the court (Ketua Pengadilan Negeri) where the defendant domiciles to appoint the arbitrator(s) and or the Umpire.

3. The Arbitrator shall examine the case and make as award 180 (one hundred and eighty) days from the date of the formation of the Arbitration Ad Hoc. The period of examination of the case could be extended upon the consent of both parties and if it is deemed necessary by the Arbitrator Ad Hoc.

4. The Arbitrator award is final, binding, and enforceable for both parties, the Insured and the Insurer should be the Insured and or the Insurer fail to comply with the Arbitration award, then at request of the other partly , the award shall be executed under the order of the Chairman of the Court (Ketua Pengadilan Negeri) where the defendant domiciles.

5. Matters which are not provided and or not sufficiently provided under this clause shall be subject to the provisions of the Act of Republic Indonesia Nr. 30 Dated August 12, 1999 regarding the Arbitration and Alternative Dispute Resolution.

Settlement of Dispute (Court of Law) Clause

It is hereby noted and agreed that the Insured and the Insurer shall settle dispute through Court of Law where the defendant resides.

DUTIES CLAUSE

Customs and excise duties, import taxes, freight, insurance and similar charges in respect of the procurement of goods, materials and services for replacement, restoration or recommissioning.

Duties Clause - IBS

The Insurer will also reimburse the Insured for customs and excise duties, import taxes, VAT/GST, freight, insurance and similar charges in respect of the procurement/ manufacturing of goods, materials and services for replacement, restoration or recommissioning

DUTIES CLAUSE - MIR

The insurer will also reimburse the insured for customs and excise duties, imports taxes, VAT/GST freight, insurance and similar charges in respect of the procurement / manufacturing of goods materials and services for replacement, restoration or re-commissioning

EARTHQUAKE EXCLUSION CLAUSE

It is hereby noted and agreed that this insurance shall not in any case to cover Earthquake, Fire following Earthquake, Volcanic Eruption and Tsunami

ELECTRONIC DATA RECOGNITION CLAUSE EDRC (A)

This remedial does not cover any loss, damage, cost, claim or expense, whether preventative, remedial or otherwise, directly or indirectly arising out of or relating to:

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a) the calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year 2000, or any other date change, including leap year calculations, by any computer system, hardware, programme or software and/or any microchip, integrated circuit or similar device in computer equipment or non computer equipment, whether the property of the insured or not, or

b) any change, alteration, or modification involving the date change to the year 2000 or any other date change, including leap year calculations, to any such computer system, hardware, programme or software and/or microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not.

This clause applies regardless of any other cause or event that contributes concurrently or in any sequence of the loss, damage, cost, claim or expense.

ELECTRICAL SHORT CIRCUIT CLAUSE

It is hereby expressly understood and agreed that this policy also covers loss or damage as consequence of electrical short circuit.

ELECTRICAL SHORT CIRCUIT CLAUSE

It is hereby expressly understood and agreed that this policy also covers loss or damage caused by fire as consequence of electrical short circuit.

ELECTRONIC DATA AND INTERNET ENDORSEMENT

It is noted and agreed that this policy is hereby amended as follows:

The Insurer will not pay for Damage or Consequential loss directly or indirectly caused by, consisting of, or arising from:

1. Any functioning or malfunctioning of the internet or similar facility, or of any intranet or private network or similar facility.

2. Any corruption, destruction, distortion, erasure or other loss or damage to data, software, or any kind of programming or instruction set,

3. loss of use or functionality whether partial or entire of data, coding, program, software, any computer or computer system or other device dependent upon any microchip or embedded logic, and any ensuing inability or failure of the Insured to conduct business.

This endorsement shall not exclude subsequent damage or Consequential loss, not otherwise excluded, which itself results from a Defined Peril. Defined Peril shall mean: Fire, Lightning, Earthquake, explosion, Falling Aircraft, Flood, Smoke, Vehicle Impact, Windstorm or Tempest.

Such Damage or Consequential loss described in 1, 2, or 3 above is excluded regardless of any other cause that contributed concurrently or in any other sequence.

All Other terms, conditions and exclusions of this policy remain unchanged.

ELECTRONIC DATA AND INTERNET ENDORSEMENT

It is noted and agreed that this policy is hereby amended as follows:

The Insurer will not pay for Damage or Consequential loss directly or indirectly caused by, consisting of, or arising from:

4. Any functioning or malfunctioning of the internet or similar facility, or of any intranet or private network or similar facility.

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5. Any corruption, destruction, distortion, erasure or other loss or damage to data, software, or any kind of programming or instruction set,

6. loss of use or functionality whether partial or entire of data, coding, program, software, any computer or computer system or other device dependent upon any microchip or embedded logic, and any ensuing inability or failure of the Insured to conduct business.

This endorsement shall not exclude subsequent damage or Consequential loss, not otherwise excluded, which itself results from a Defined Peril. Defined Peril shall mean: Fire, Lightning, Earthquake, explosion, Falling Aircraft, Flood, Smoke, Vehicle Impact, Windstorm or Tempest.Such Damage or Consequential loss described in 1, 2, or 3 above is excluded regardless of any other cause that contributed concurrently or in any other sequence.All Other terms, conditions and exclusions of this policy remain unchanged.

ELECTRONIC DATA ENDORSEMENT A

1. Electronic Data Exclusion

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows:

a) This Policy does not insure loss, damage, destruction, erasure, corruption or alteration of ELECTRONIC DATA from any cause whatsoever (including but not limited to COMPUTER VIRUS) or loss of use, reduction in functionality, cost, expense of whatsoever nature resulting therefrom, regardless of any other cause or event contributing concurrently or in any other sequence to the loss.

ELECTRONIC DATA means facts, concepts and information converted to a form useable for communications, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.

COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. COMPUTER VIRUS includes but not limited to “Trojan Horses”, “worms” and “time or logic bombs”.

b) However, in the event that a peril listed below results from any of the matters described in paragraph a) above, this Policy , subject to all its terms, conditions and exclusions, will cover physical damage occurring during the Policy period to property insured by this Policy directly caused by such listed peril.

Listed perils

FireExplosion

2. Electronic Data Processing Media Valuation

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows:

Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this Policy, then the basis of valuation shall be the cost to repair, replace or restore such media to the condition that existed immediately prior to such loss or damage, including

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the cost of reproducing any ELECTRONIC DATA contained thereon, providing such media is repaired, replaced or restored. Such cost of reproductions shall include all reasonable and necessary amounts, not to exceed (response) any one loss, incurred by the Assured in recreating, gathering and assembling such EECTRONIC DATA. If the media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank media. However, this Policy does not insure any amount pertaining to the value of such ELECTRONIC DATA to the Assured or any other party, even if such ELECTRONIC DATA cannot be recreated, gathered or assembled.

NMA 2914 (25.1.01)Form approved by Lloyd’s Underwriters’ Non-Marine Association Limited.

ELECTRONIC DATA RECOGNITION CLAUSE EDRC (B)

SECTION 1

This Policy does not cover any loss, damage, cost, claim or expense, whether preventative, remedial or otherwise, directly or indirectly arising out of or relating to:

a. the calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year 2000, or any other date change, including leap year calculations, by any computer system, hardware, programme or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not; or

b. any change, alteration, or modification involving the date change to the year 2000, or any other date change, including leap year calculations, to any such computer system, hardware, programme or software or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not.

This clause applies regardless of any other cause or event that contributes concurrently or in any sequence of the loss, damage, cost, claim or expense.

However this section shall not apply in respect of physical damage occurring at the insured’s premises arising out of the perils of fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, hurricane, cyclone, riot, strike, civil commotion, vandalism, malicious mischief, earthquake, volcano, tsunami, freeze or weight of snow.

SECTION 2

Notwithstanding Section 1 above, this Policy does not cover any costs and expenses, whether preventive, remedial, or otherwise, arising out of or relating to change, alteration or modification of any computer system, hardware, programme or software or any microchip, integrated circuit or similar device in computer or non-computer equipment, whether the property of the insured or not.

SECTION 3

The date change to the year 2000, or any other date change, including leap year calculations, shall not in and itself be regarded as an event for the purpose of this Policy.

EDRC(B)This is based on NMA 2801 (15/12/97)Form approved by Lloyd’s Underwriters’ Non-Marine Association Limited

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ELECTRONIC DATE RECOGNITION EXCLUSION CLAUSE

Words that appear in quotation marks in this endorsement have special meaning. Refer to Section B- DEFINITIONS.

A. EXCLUSION

Notwithstanding any other terms and conditions this Policy, including any other endorsements which may be attached to it, does not insure against any loss, damage, cost, claim or expense directly or indirectly arising out of or relating to :

3. The failure of any “system”, whether the property of the Insured or others, to “recognize” any “data” involving any “date change”, or

4. Any “modification” of any “system” whether the property of the Insured or others, to permit such “system” to “recognize” any “data” involving any “date change”.

This exclusion shall apply regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, cost, claim or expense.

However, if physical loss or damage not otherwise excluded by this Policy results, then subject to all its terms and conditions, this Policy shall be liable only for such resulting loss or damage. Each occurrence of resulting physical loss or damage shall be adjusted separately, and each occurrence shall be subject to the provisions regarding sublimits and deductibles specified elsewhere in this policy.In the event physical loss or damage not otherwise excluded by this Policy results to any “system”, this Policy including any other endorsement which may be attached to it, does not insure against any loss, damage, cost or claim or expense, whether preventative, remedial or otherwise, arising out of or relating to any “modification” of any “system”, whether the property of the Insured or others, to permit such “system” to “recognize” any “data” involving any “date change”.

B. DEFINITIONS

1. “System” means any computer system, hardware, firmware, program, or software or any microchip, integrated circuit, or similar device in computer equipment or non-computer equipment.

2. “Recognize” means to recognize, interpret, calculate, compare, differentiate, distinguish, accept, sequence or process.

3. “Data” means any data, instruction or information.4. “Date Change” means the date change to year 2000, the date change in any leap

year or any other date change.5. “Modification” means any modification, change, addition, alteration or correction.

Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, condition, or limitations of the policy to which this endorsement is attached other than as above stated.

EMPLOYEES PERSONAL EFFECTS CLAUSE

The indemnity granted by this Policy extends to include clothing and/or personal effects of the employees of the Insured for an amount not exceeding IDR 1,000,000.00 in respect of any one employee and for an amount not exceeding in the aggregate IDR 10,000,000.00

ENDORSEMENT 001       -       STRIKE, RIOT AND CIVIL COMMOTION (SRCC) 

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It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon this Policy shall be extended to cover loss or damage due to strike, riot and civil commotion which for the purpose of this Endorsement shall mean (subject always to the Special Conditions hereinafter contained) loss of or damage to the property insured directly caused by 1.     The act of any person taking part together with others in any disturbances of the public

peace (whether in connection with a strike or lock-out or not) not being an occurrence mentioned in Condition 2 of the Special Conditions hereof,

 2.     The action of any lawfully constituted authority in suppressing or attempting to suppress

any such disturbance or in minimizing the consequences of any such disturbance, 3.      The willful act of any striker or locked-out worker performed in furtherance of a strike or

in resistance to a lock-out, 4.     The action of any lawfully constituted authority in preventing or attempting to prevent

any such act or in minimizing the consequences of any such act. Provided that it is hereby further expressly agreed and declared that 1.     all terms, exclusions, provisions and conditions of the Policy shall apply in all respects to

the insurance granted by this extension save in so far as the same are expressly varied by the following Special Conditions and any reference to loss or damage in the wording of the Policy shall be deemed to include the perils hereby insured against,

 2.     The following Special Conditions shall apply only to the insurance granted by this

extension and the wording of the Policy shall apply in all respect to the insurance granted by the Policy as if this Endorsement had not been made thereon.

 Special Conditions 1.       This insurance shall not cover 

a.     Loss or damage resulting from total or partial cessation of work or the retarding, interruption or cessation of any process or operation

 b.     Loss or damage occasioned by permanent or temporary dispossession resulting from

confiscation, commandeering or requisition by any lawfully constituted authority, c.     Loss or damage occasioned by permanent or temporary dispossession of any

building resulting from the unlawful occupation by any person of such building. d.      Consequential loss or liability of any kind or description, any payments over and

above the indemnity for the material damage as provided herein. Provided nevertheless that the Insurers are not relieved under (b) or (c) above of any liability to the Insured in respect of physical damage to the property insured occurring before dispossession or during temporary dispossession. 2.     This insurance does not cover any loss or damage occasioned by or through or in

consequence, directly or indirectly, of any of the following occurrences, namely 

a.      war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war,

 b.     mutiny, civil commotion assuming the proportion of or amounting to a popular rising,

military rising, insurrection, rebellion, revolution, military or usurped power, 

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c.     any act of any person acting on behalf of or in connection with any organization with activities directed toward the overthrow by force of the government de jure or de facto or to the influencing of it by terrorism or violence.

 In any action, suit or other proceeding, where the Insurers allege that by reason of the provisions of this condition any loss or damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured. 3.     This insurance may at any time be terminated by the Insurers on notice to that effect

being given by registered post to the Insured's last known address, in which case the Insurers shall be liable to repay a rate-able proportion of the premium for the unexpired term from the date of termination.

 4.     The limit of indemnity any one occurrence as stated below shall be understood to limit

the indemnity for all loss or damage covered by this Endorsement during a consecutive period of 168 hours.

 The aggregate liability of the Insurers during the period of cover of this Policy shall be limited by twice the limit of indemnity any one occurrence. Limit of indemnity :                              any one occurrenceDeductible            :                              any one occurrence Extra Premium Section 1:Section 2:Section 3:

ERRORS & OMISSIONS CLAUSE

This Insurance shall not be invalidated by the Insured having omitted to state any fact material to be known for estimating the risk or by any error in reporting values. In the event any error comes to the attention of the Insured, such fact shall be reported and premium adjusted in accordance with the revised values.

ERRORS AND OMISSIONS CLAUSE

The insured shall not be prejudiced by an unintentional and/or inadvertent omissions, errors or incorrect valuation or incorrect description of the interest, risk or property provided notice is given to the company as soon as practicable upon discovery of such errors or omissions subject to the insured praying additional arising therefrom

ESCALATION CLAUSE (15%) It is hereby agreed that in the event of any loss in respect of Property covered under the policy an increase of 15% of the original Sum Insured per annum shall be allowed over and above the original Sum Insured, such escalation being applied on a prorata basis for parts of a year.

EXPEDITING EXPENSES CLAUSE

It is understood and agreed that in the event of loss or damaged for which indemnity is provided under this policy the Insurers will pay all air freight costs plus any extra charges incurred in respect of labour overtime night work, work on public holidays and other

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expediting costs, up to an amount not exceeding 100% in excess of normal freight, working hours, rates or costs.Provided always that such air freight and extra charges are reasonable and necessarily incurred by the Insured in the repair, reinstatement or replacement of the property insured so as to avoid a delay in the overall completion of the project.

ESCALATION CLAUSE In consideration of the payment of an additional premium amounting to 50% of the premium produced by applying the specified percentage to the first or the annual premium as appropriate on the item(s) as specified in Schedule A the sum(s) insured thereby shall, during the period of insurance, be increased each day by an amount representing 1/365 th of the specified percentage increased per annum. Unless specifically agreed to the contrary the provision of this Clause shall only apply to the sums insured in force at the commencement of each period of insurance.At each renewal date the Insured shall notify the Insurers :  i. the sums to be insured under each item above, but in the absence of such

instructions the sums insured by the above items shall be those stated on the Policy (as amended by any endorsements effective prior to the aforesaid renewal date) to which shall be added the increases which have occurred under this Clause during the period of insurance up to that renewal date, and

 ii. the specified percentage increase(s) required for the forthcoming period of insurance,

but in the absence of instructions to the contrary prior to renewal date the existing percentage increase shall apply for the period of insurance from renewal.

 All the conditions of the Policy except insofar as they may be hereby expressly varied shall apply as if they had been incorporated herein.  EXTENDED IMPACT DAMAGE CLAUSE

To include impact by vehicles belonging to or under control of the Insured.

Further extended to include loss of or damage to the property insured directly or proximately caused by the impact of the road and/or vehicles and/or plant, machinery and equipment or objects/articles dropped therefrom.

EXTRA CONTRUCTUAL OBLIGATION EXCLUSION CLAUSE

All cover in respect of extra-contractual obligation howsoever arising, such extra-contractual obligation being defined as any award made by a court of competent jurisdiction against an insurer or re-insurer, which award is not within the coverage granted by any insurance and/or reinsurance contract made between the parties in dispute, unless such extra-contractual obligations is incurred as a result of the Re-insured’s participation in any reinsurance which provides cover for such loss results from a contractual liability incurred by the Reinsured.

EXTRA COST OF REINSTATEMENT The Policy extends to include the Extra Cost of Reinstatement including demolition or dismantling of The Insured Property necessarily incurred to comply with the requirements of any Act of Parliament or Regulation made thereunder or any By-Law or regulation of any Municipal or other Statutory Authority, subject always to the following Provisions and subject also to terms Conditions limits or sub-limits of liability under this policy.

 

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Provisions 1) The work of reinstatement (which may be carried out wholly or partially upon another site

if the aforesaid Act of Parliament or Regulation thereunder, or By-Law or Regulation of any Municipal or other Statutory Authority so necessitates subject to the liability of the Insurer(s) shall not be liable to make any payment beyond the amount which would have been payable under the Policy if this Condition had not been incorporated therein.

 2) The amount recoverable shall not include the additional cost incurred in complying with

any such Act, Regulation, By-Law or requirement with which the Insured had been required to comply prior to the happening of the loss or damage.

 

EXTRA EXPENSES CLAUSE

a. Subject to all its terms and conditions, this Policy also covers the necessary Extra Expense incurred by the Insured in order to continue as nearly as practicable the normal conduct of the Insured's business following damage to or destruction of the property insured, or of property rented to or used by the Insured (other than property excluded), by perils insured. The Insurers shall be liable for the extra expense so incurred for not exceeding such length of time, herein referred to as the period of restoration commencing with the date of the loss and not limited by the date of expiration of this policy, as shall be required with the exercise of due diligence and dispatch to repair, rebuild or replace such property.

b. The term "Extra Expense" wherever used in this Schedule is defined as the excess (if any) of the total cost during the period of restoration chargeable to the conduct of the Insured's business, over and above the total cost that would normally have been incurred to conduct the business during the same period had no damage or destruction occurred, the cost in each case to include expense of using other property or facilities of other concerns or other necessary expenses.

In no event, however, shall Insurers also be liable under this extra expense section for Loss of Income, nor for the cost of repairing or replacing any property that has been damaged or destroyed, except cost in excess of the normal cost of such repair or replacements necessarily incurred for the purpose of reducing the total amount of extra expenses.

c. Any salvage of property obtained for temporary use during the period of restoration which remains after resumption of operations shall be taken into consideration in the adjustment of any loss hereunder

FAILURE OF PUBLIC SUPPLIES FROM PUBLIC UTILITIES CLAUSE (TIME EXCESS: 3 DAYS)

It is hereby agreed and declared that this Insurance shall, subject to the conditions of this policy and to all provisions and limitations contained therein, extend to include loss as described therein resulting from interruption of the supply of electric power (or gas) to the premises of the Insured due to damage by Fire or Lightning or Explosion or Impact of aircraft occurring at any electric power station or substation (or gas works) in Indonesia, but excluding any transmission lines

Failure of Public Utilities Clause (3 days time excess)

It is agreed that loss resulting from interruption of or interference with the business directly or indirectly arising from damage ti property at any

Generating station or sub-station of the public electricity supply undertaking

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Premises of the public gas supply undertaking or of any natural gas producer linked directly therewithWater works or pumping station of the public water supply undertaking shall be deemed to be loss resulting from damage to property used by the Insured at the premises

Provided that this policy shall not be liable fro any loss insured by this Memorandum unless the failure of supply of electricity gas or water exceeds a period 3 days and the liability under this Memorandum shall apply only such period in excess of 3 days

FAILURE OF PUBLIC UTILITIES CLAUSE.

It is hereby agreed and declared that loss as insured by this Section resulting from interruption of or interference with the Business directly or indirectly arising from Damage ( as within defined ) to property of or used by any electricity station or sub-station, gas works or water works of the public supply undertaking from which the Insured obtains electric current, gas or water shall be deemed to be loss resulting from damage to property used by the Insured at the Premises. However, loss arising therefrom shall not be deemed to be insured until (Time excess as per policy schedule) of uninterrupted interference arising therefrom shall be occurred.

FEA WARRANTY

Warranted under penalty of nullity of this policy that during the currency of this policy an adequate portable extinguisher shall be defined as one unit of approved extinguisher per 250 m3 of floor area of the building, each unit to be in good condition, working order and regularly maintained

The following sizes and types of equipment constitute one unit :

- Small bore hydraulic hose reels - 9 kg carbon Dioxide Extinguisher - 4.5 kg Dry Powder Extinguisher- 3 kg Halon Extinguisher- 10 liters Foam Extinguisher- 10 liters Water Extinguisher

if the Extinguisher are of smaller capacity than sizes outlined above he provided the Total weight or volume of Extinguisher fulfils the above requirements then the discount of 2.5% may still be granted

FINES AND DAMAGES FOR BREACH OF CONTRACT CLAUSE

The insurance under this items is limited to fines or damages for breach of contract and the amount payable as indemnity there under shall be such sums as the Insured shall be legally liable to pay and shall pay in discharge of fines or damages, incurred solely in consequence of the incident, for non-completion or late completion of orders

FIRE BRIGADES CHARGES CLAUSE

It is hereby understood and agreed that the reasonable charges raised by any local authority for the provision of Fire Fighting Appliances called for the purpose of protecting the premises shall be recoverable hereunder.

FIRE EXTINGUISHING COSTS CLAUSE

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The insured by this Policy extends to cover loss of or damage to the fire extinguishing appliances caused by the Insured perils.This extension is deemed to include the cost reasonably incurred of refilling the fire extinguishing appliances providing always that such cost is incurred as a direct result of the use of the fire extinguishing appliances for the extinguishment of fire endangering the safety of the insured property. The Company will not be liable for the first NIL for each and every loss in respect of the costs of refills.Provided always that the liability of the Company in respect of such wages and costs shall be limited to those necessarily and reasonably incurred in extinguishing fires at or adjoining the situation of the property insured by this policy or immediately threatening to involve such property.Provided further that otherwise the insurance under this endorsement and the policy shall be subject to all the terms, limitations, stipulations, exclusions, provisos and exceptions printed on, expressed in, endorsed upon or attached to the policy and provided also that all of the conditions of the policy (except in so far as they may be hereby varied) shall apply as if they had been incorporated herein.

FIRE EXTINGUISHMENT EXPENSES CLAUSE

It is hereby agreed that withstanding anything in the Within Policy contained to the contrary, but subject to the Provisos hereafter contained, the insurance under this Policy extends to include:-

1) Wages of the Insured’s employees other than full members of a Works Fire Brigade.

2) The cost of replenishment of Fire fighting appliances and destruction of or damage to materials (including employees’ clothing and personal effects) unless otherwise specifically insured.

Provided always that the liability of the Company in respect of such wages and costs shall be limited to these necessarily and reasonably incurred in extinguishing fires at or adjoining the situation of the property insured by this policy or immediately threatening to involve such property.

Provided further that otherwise the insurance under the endorsement and the policy shall be subject to all the terms, limitations, stipulations, exclusions, provisos and exceptions printed or expressed in, endorsed upon or attached to the policy and provided also that all of the conditions of the policy (except in so far as they may be hereby varied) shall apply as if they had been incorporated herein.

FIRST LOSS BASIS CLAUSE The insurance by this Policy is arranged on the basis of First Loss up to amount stated in the Schedule of this Policy.

FIRST LOSS INSURANCE

This policy is issued as a First Loss Insurance up to an amount of USD 5,000,000.00 anyone accident being part of the total value USD 150,000,000.00.

It is further understood and agreed that in the event of the total value at risk being at the time of any loss within the meaning of this Policy of greater value than the sum of USD 150,000,000.00 the Insured shall be considered as being their own Insurers for the difference and shall bear a ratable proportion of the first loss accordingly.

FIRST LOSS UNDER INSURANCE CLAUSE

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The Insurance by this Policy is based on First Loss Basis at the Sum Insured of US$ 15,000.00With the Total declared value at risk of the property insured US$ 15,000.00If the Total Value of the Property insured by this Policy shall at the time of a loss be greater than the Total declared value at risk the Insurers shall bear only the proportion of the loss which the declared value bears to the total value at the time of the loss provided that the Sum Insured shall be the Insurer s maximum liability under this Policy.Condition 14 of this Policy is deemed to be deleted.

FLOOR SPACE RATIO INDEX ( PLOT RATIO ) CLAUSE Subject to the terms, Conditions and Limit(s) or Sub-Limit(s) of Liability of this Policy, in the event of any building(s) being damaged so as to constitute total loss or Constructive Total Loss and, as a result of the exercise of Statutory powers and/or authority by any Government departments, Local Goverments or any other Statutory Authorities reinstatement of such building(s) as before is prohibited and reinstatement is only permissible subject to a reduced floor space ration index: The Insurers agree to pay in addition to any amount payable on reinstatement of such building(s) the difference between: (a) The actual total loss of reinstatement incurred in accordance with the reduced floor space

ratio index and(b) The cost od reinstatement which would have been incurred had a reduced floor space

ratio index not been applicable In arriving at the amount payable under (a) and (b) above any payments made by the Insurers shall include the extra cost of reinstatement, including demolition or dismantling of The Insured Property, necessarily incurred to comply with the requirements of any Act of Parliament of Regulation made thereunder or any By-law or Regulation of any Municipal or other Statutory Authority. Any payment made for difference between (a) and (b) above shall be made as soon as the said difference is ascertained upon completion of the rebuilding works and certified by the architect acting on behalf of the Insured in the reinstatement of the building(s). 

GENERAL INTEREST CLAUSE

Certain of the Property insured may be the subject of hire purchase lease or other agreements and the interest of the other parties to these arrangements is noted in this insurance, the nature and extent of such interest to be disclosed by the Insured in the event of damage.GUEST PERSONAL EFFECT CLAUSE

The Indemnity afforded by this Policy extends to include legal liability of the insured in respect of clothing and/or personal effects of guest/visitors the amount of indemnity under this extensions being not exceed the limit of liability in respect of any one event.

Subject otherwise to term exceptions and conditions of this policy

HARBOUR BLOCKAGE CLAUSE Any loss resulting from interruption of or interference with the Business in consequence of blockage of the local port or harbour which causes disruption to shipping and is caused by stranding, grounding, sinking or capsize and/or through collision or contact of any vessel or craft with any other vessel, craft, structure or other object of any kind shall be deemed to be

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loss resulting from Damage to property used by the Insured at the premises for the purpose of the Business.

  HAZARDOUS GOODS CLAUSE

Unless otherwise specifically provided in this policy, hazardous goods usual to the trade and/or business are allowed to be stored in quantities and manner as permitted by Law, By-Law or Municipal Regulation.

HEATING AND POWER CLAUSE

The use electric, gas and other lighting, heating and power usual to trades and occupations allowed as provided by Law, By Law or Municipal Regulation

HOT – WORK PERMIT WARRANTY

Pengelasan / Pemotongan / Penggilingan

1. Periksa area kerja dan semua ruangan di sekelilingnya2. Siapkan peralatan pemadam kebakaran3. Ketahui lokasi gulungan selang dan bagaimana petugas pemadan kebakaran bisa

menggunakannya. Jika diperlukan, selang itu harus sudah terurai sebelum pekerjaan dilakukan

4. Pindahkan cairan –cairan yang mudah terbakar5. Tutupi semua lubang dan semua barang yang mudah terbakar disekitar 15 meter

area kerja dengan selimut anti api atau material lain yang tahan api6. Siapkan orang kedua yang senantiasa ikut mengawasi7. Tetap awasi area kerja setidaknya selama satu jam setelah pekerjaan diselesaikan8. Segera hentikan semua pekerjaan jika instalasi pemadam kebakaran belum dipasang

dengan baik9. Periksa area yang memungkinkan terjadinya ledakan gas, bila kegiatan mengukur

tekanan gas dilakukan 10. Pindahkan semua sampah dan seluruh material dari lantai. Jika diperlukan

lantai dari kayu dibasahi. 11. Gunakan hanya peralatan yang sudah disetujui dan sudah dicek

Perbaikan atap

1. Periksa area kerja2. Pastikan penetrasi dari atap / ujung atap / sandaran atap. Jika ada keraguan, ambil

contoh atap untuk memastikan bahwa atap tidak mudah terbakar.3. Ketika memindahkan puing-puing atap yang berjatuhan, penyekatan atap seharusnya

tidak kelihatan.4. Ketel / boiler bumen jangan pernah diletakkan di atap5. Botol gas propene harus disiapkan dalam batasan tingkat yang sudah ditentukan.

Lebih baik jika botol gas tersebut diletakkan dibawah tanah.6. Setidaknya ada dua peralatan pemadam kebakaran masing-masing seberat 12 kg

yang disiapkan di atap. Lebih baik jika telephone disiapkan ditempat terdekat untuk menghubungi petugas pemadam kebakaran dengan sangat mudah.

7. Kegiatan memperbaiki atap setidaknya dilakukan oleh dua orang8. Jika diperlukan untuk memakai foam plastik untuk penyekatan atap, hanya sejumlah

untuk 1 (satu) hari kerja yang diijinkan dibawa diatap.9. Selama istirahat, segera setelah pekerjaan diselesaikan, dan satu jam setelah

pekerjaan selesai, periksalah bahwa tidak ada partikel-partikel yang mengganggu tertinggal di area kerja.

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IMPACT BY OWN VEHICLES CLAUSE

It is noted and agreed that the cover relating to impact of vehicles shall include vehicles owned or used by the Insured.

INCREASE / DECREASE CLAUSE

In case it appears that after termination of any financial year the Gross Profit insured within this policy has been less or more than the insured amount stated in the policy, the Insurer(s) shall, after receipt of a statement to that concerning of the auditor / accountant replay to the insured the premium or Insured has to pay an additional policy schedule.Mentioned statement of the auditor / accountant ought to be presented to the Insurer(s) within 3 mouths after termination of the concerning financial year, after which the Insurer(s) is entitled in case of negligence delivering such statement to charge the insured for an additional premium 10%.

INCREASE CLAUSE (10% OF TOTAL SUM INSURED)

If during the period of Insurance actual the Total project Value shall be in excess of the Estimated Total Value the Total Sum Insured under this Policy shall be automatically increased by the amount of such excess but not exceeding in all 10% of the Total Sum Insured shown in the schedule and the Insured shall make to Insurers an additional premium payment in respect of such increase.

INCREASE IN BUSINESS CLAUSE

If during the course of this insurance the insured interest increases, the insurer risk is regarded to be in line with the increased amount arising thereform, but only to a maximum of 30% of the latest insured amount. Ultimately six months after the expiration of the Insurance year wherein no event has occurred which resulted in a claim on this policy, the insured shall present to the insurer an accounting declaration prepared by a member of a recognized accountant’s association prepared by a member of a recognized accountant’s association. In this declaration the real extent of the insured interest (by which is incant the total Gross Profit as defined in this Policy) of the expiring insurance will be statedIf it is evident from this that the sum insured is bigger or smaller than the insured amount an additional premium or a return premium is due on the difference of these amounts, but only to a maximum of 30% of the insured amount an on the basis of the annual premium

If an event occurs in an insurance year which would read lead to a claim on this policy, then at the time of loss the real extent of the insured interest of the current insurance year shall be ascertained by experts and, in case this amount turns out to be bigger than the insured amount an additional premium is due on the whole insurance year on the basis of the annual premium is due on the difference of these amounts but only at the most 30% of the insured amount. @Ultimately six months after the expiration of such an insurance year a declaration as meant in the 3rd clause of this clause will be presented to the insurer and with the due account taken of the maximum percentage of 30% - an additional premium (on the basis of the annual premium) is due if it is evident from the declaration that the real extent of the insured amount multiplied by the paid amount of a claim to loss and costs, has exceeded the amount fixed at the time of loss. Return premium of such an insurance year will not be issued. This Increased/decreased clause is applicable on this policy as of the inception date

INDONESIAN JURISDICTION CLAUSE

Notwithstanding anything contained herein is the contrary, it is agreed that the indemnity provided herein shall not apply to :

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1. Compensation for damages in respect of judgements not in the first instance delivered by or obtained from a court of competent Jurisdiction within Indonesia.

2. Costs and expenses of litigation recovered by any claimant from the insured which are not incurred in and recoverable in Indonesia.

INFLATION CLAUSE The sum insured shall be deemed to be automatically increased each day during the period of insurance in accordance with the rate of inflation applicable to the Property Insured (as valued for the purposes of this Insurance) in the currency of the local Policy applying.

This extention will only apply if the Insured at such renewal of the Local Policy increases the Sum Insured in line with the rate of inflation during the previous Period of Insurance.This extention does not apply to stock and work in progress. 

INLAND TRANSIT CLAUSE It is understood and agreed that this policy is extended to indemnify the Insured against loss or damage to materials (whether temporary or permanent) and any other goods or object intended for incorporation in the works whilst such materials goods or object are in transit by road or rail or inland waterway anywhere in Java & Bali unless more specially insured under a separate Marine Cargo Insurance Policy but the Insurer Liability under this extension shall not exceed Rp. 500,000,000.00 per anyone conveyance. 

INTERNAL FIRE ENDORSEMENTIt is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to cover loss or damage due to fire or chemical explosion having originated within

Item(s)No(s)contained in the specification of the Policyor due to the extinguishing of such fire or to direct lightning, but all loss or damage outside the item(s) of machinery due to the spreading of such fire or chemical explosion or the extinguishing of such fire or such direct lightning shall be excluded.

INTERNAL REMOVAL CLAUSE

It is understood and agreed that in the event of removal of property from one building to another at any of the situations covered by this Policy being inadvertently not advised to the Insurer, the insurance on such property shall follow removal, the necessary adjustments in Sum Insured and premium being made as from the date of removal as soon as the oversights is discovered. Provided however that the liability of the Insurer shall not exceed the Sum Insured hereunder.

IT CLARIFICATION AGREEMENT

Property damage covered under this Agreement shall mean physical damage to the substance of property.

Physical damage to the substance or property shall not include damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure.

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Consequently the following are excluded from this Agreement:

A. Loss of or damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure, and any business interruption losses resulting from such loss or damage. Notwithstanding this exclusion, loss or damage to data or software, which is the direct consequence of insured physical damage to the substance of property, shall be covered.

B. Loss or damage resulting from an impairment in the function, availability, range of use or accessibility of data, software or computer programs, and any business interruption losses resulting from such loss or damage.

JURISDICTION: INDONESIAN JURISDICTION CLAUSE

In return for a premium of The Jurisdiction Clause to which this policy is subject is hereby amended to read as follows:It is understood and agreed that the insurers agree to indemnify the insured against claims brought against them under his policy in respect of:1. Conpensation for damage in respect of judgements delivered or obtained through a court

of competent jurisdiction within The Republic of Indonesia2. Cost and expenses of litigation recovered by any claimant from the insured which are

incurred in and recoverable in The republic of Indonesia

Provided that in respect of judgements delivered or obtained through a court in The Republic of Indonesia, the insurer’s liability shall be limited to include costs and expenses in respect of any one claim or number of claims arising out of one cause.Subject otherwise to the terms, conditions and exceptions of this policy.

KLAUSULA KEWAJIBAN TERTANGGUNG (WARRANTY)TentangKEPEMILIKAN DAN PENGELOLAAN GUDANG

Dengan ini Tertanggung menegaskan telah menerima baik semua persyaratan dan ketentuan dalam Polis termasuk Klausula Kewajiban Tertanggung (Warranty) ini dan telah membayar lunas premi yang diperhitungkan/dbebankan oleh Perusahaan Asuransi/Penanggung atas pertanggungan di bawah Polis ini.

Selanjutnya Tertanggung dengan ini menyatakan telah memahami dan menerima baik serta menyetujui sepenuhnya isi serta maksud dari pada Klausula Kewajiban Tertanggung (Warranty) ini dan akan mematuhi sepenuhnya. Persyaratan asuransi serta ketentuan-ketentuan yang ditetapkan oleh Perusahaan Asuransi / Penanggung mengenai kepemilikan dan pengelolaan gudang serta penyimpanan barang dalam gudang seperti yang tercantum di bawah ini selama masa berlakunya Polis.

1. Mengenai Kepemilikan Bangunan/Gudang

Bangunan/Gudang yang bersangkutan adalah milik Tertanggung atau disewa langsung oleh Tertanggung dari pemilik bangunan/gudang tersebut dan tidak akan dipindahkan kepemilikannya atau disewakan ulang baik sebagian atau seluruhnya kepada pihak lain/pihak ketiga sebelum diberitahukan dan disetujui secara tertulis kepada/oleh Perusahaan Asuransi/Penanggung dalam Polis ini.

2. Mengenai Kepemilikan Barang-barang yang disimpan di dalamnya

Barang-barang yang disimpan di dalam bangunan/gudang yang bersangkutan sepenuhnya milik Tertanggung sendiri dan tidak terdapat barang-barang titipan (untuk disimpan di dalam bangunan /gudang dimaksud) milik pihak lain siapapun

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mereka sebelum diberitahukan dan disetujui secara tertulis kepada/oleh Perusahaan Asuransi/Penanggung. Barang-barang yang telah dijual yang karena kelazimannya atau dibenarkan dalam kontrak jual beli masih berada dalam bangunan / gudang karena belum diambil oleh pembelinya dikecualikan dari ketentuan ini.

3. Mengenai Pengelolaan Gudang

Pengelolaan bangunan/gudang dan barang-barang yang ditimbun di dalamnya dilakukan oleh dan menjadi tanggung jawab sepenuhnya dari Tertanggung dan dilarang adanya pnyertaan pihak lain siapapun mereka dalam pengelolaan bangunan/gudang tersebut sebelum diberitahukan dan disetujui secara tertulis kepada/oleh Perusahaan Asuransi/Penanggung dalam Polis ini.

Tertanggung dengan ini menyatakan persetujuannya, bahwa dalam hal ia melakukan penyimpangan atas ketentuan-ketentuan dan/atau persyaratan tersebut di atas, maka serta merta Polis ini BATAL ,tanpa pemberitahuan terlebih dahulu oleh Perusahaan Asuransi/Penanggung dalam Polis ini.

LAND TRANSIT CLAUSE

It is understood and agreed that this policy is extended to indemnify the Insured against loss or damage to materials (whether temporary or permanent) and any other goods or object intended for incorporation in the works whilst such materials goods or object are in transit by road or rail or inland waterway within INDONESIA area unless more specially insured under a separate Marine Cargo Insurance Policy.

LANDSCAPING CLAUSE (US$ 20,000.00)

It is hereby noted and agreed that this Policy extends to include landscaping, which terms shall mean lawns, gardens, ornamental plant shrubs and trees. The Insurer’s liability for anyone loss or series of losses arising out of anyone situation shall not exceed the sub-limit of liability stated in the schedule against “Landscaping”.

LANDSLIDE AND SUBSIDENCE CLAUSE

In consideration of the payment of an additional premium as arranged, this policy shall also cover the peril of subsidence, landslip or landslide except:

a. the first deductible as mentioned in the Policy Schedule, of any loss any one occurrence or series of accidents or occurrence up to a maximum period of 72 consecutive hours as form the start of the subsidence, landslip or landslide.

b. Subsidence, landslip or landslide caused by:- faulty construction of the building or structure- faulty design of the building or structure- soil damage due to human action- nuclear reaction

LARCENY

The Insurance by this Policy is extended to include the risk of larceny which for the purpose of this extension shall mean theft of the property from the premises without forcible entry or exit. The company shall not be liable for the first US$ 100.00 of any loss or damage arising from this extension.

LEASED PROPERTY CLAUSE

This Policy extends to indemnify any other party having an interest in the property insured by virtue of and in accordance with the terms of mortgage, Leasing, Hiring or Renting Agreement, provided such property is not more specifically insured.

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LOSS OF DAMAGED GOODS CLAUSE

In case of damage to property bearing brands labels and trademarks the sale of which carries in any way a guarantee of the Insured, the salvage value of such damaged property shall be determined after the removal in the customary manner of all brands labels and trade marks which might be taken to indicate that the guarantee of the Manufacturer or the Insured attached to said property. However notwithstanding anything to the contrary elsewhere herein, it is understood and agreed that in case of damage to goods insured under this Policy due to a peril insured against, the Insured or their representatives are to retain control of all damaged goods. The Insured, however agreed wherever practicable to recondition or sell such goods, the sale being made after removal of all brands labels or trademarks, with the Insurer being entitled to the proceeds of the sale. Where the use or disposal or sale of damage goods would be in the opinion of the Insured or their representatives detrimental to their interest such damage shall be treated as a constructive total loss and the Insured shall destroy the damaged goods in the presence of a representative of the Insurer and the Insured.

COMMENT no salvage. Consider additional premium and/or deductible.

LEASING CLAUSE

Noted and agreed that the property insured by this Policy is owned by the following Leasing Company, i.e.:

PT. Exim SB Leasing

and that inconsequence thereof, it has been agreed with the said Leasing Company and the Insured, that in care of loss if any payable under this Policy; any payment up to the amount to which the said Leasing Company is entitled for rentals principal, interest accrued and other cost shall be made to the said Leasing Company without prejudice to the rights the insured may have on any balance of the sum insured.

This clause to be null and void on receipt of advice from the Leasing Company that it is no longer interested in the property insured under this Policy.

LEEWAY CLAUSEIn the event of gross revenue earned during any annual period of insurance (or during the accounting period of 12 months more nearly concurrent with any period of insurance) as certified by the Insured’s auditors being greater that the sum insured thereon, the Insured will be held covered to the extent of 10% of the sum insured hereof and pro-rata additional premium not exceeding 10% of the premium paid on such sum insured for such period of insurance will be charged in respect of the difference

LENDER’S INTEREST CLAUSE  It is hereby noted and agreed that the property Insured under this Policy has been pledged with  “………….”  and until such time as the said Bank shall have notified the Insurer, in the contrary, the Insurer/the Underwriters shall advice the said Bank :a.   If they propose to cancel or give notice of cancellation of any such insurance, at least 30

days before such cancellation is to take effects b.   of :

(a)   any material alteration and/or(b)  termination of expiry 

of any such insurance at least 30 days before such alteration, termination, of expiryc.   Promptly of any default in the payment of any premium or failure to renew any such

insurance.d.  Of any act or omission or of any event of which the Insurer has knowledge and which they

consider might invalidate or render unenforceable in whole or in part of any such insurance

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e.   Of any claim under the Policy exceeding US$. 10,000.00. It shall be further noted that in the event of loss, if any, payable under this Policy, any payment up to the amount to which the said bank is entitled for principal, interest accrued and costs shall be made to the said Bank without prejudice to the rights of the Insured for the difference and the said Bank shall act in its capacity as joint insured subject to the terms, conditions and restrictions contained in the policy.

LESSORS INTEREST CLAUSEIt is noted and agreed that

PT. EXIM SB LEASINGSummitmas I, 8th fl.Jl. Jend. Sudirman Kav. 61-62JAKARTA SELATAN

(hereinafter referred to as the Lessors) are the owners of the Property insured under (Item ......) and that such Property is the subject of a Leasing Agreement made between the Lessors on the one part and the Insured on the other part. It is further understood and agreed that any payment made in respect of loss or damage (which loss or damage is not made good by repair, reinstatement or replacement) under the terms shall be made to the Lessors as long as they are the owners of the property. It is understood and agreed that notwithstanding any provision in the Leasing Agreement to the contrary, this policy is issued to the Insured as the principal party and not as agent or Trustee for the Lessors and nothing herein shall be considered as constituting the Insured an agent or Trustee for the Lessors or as an assignment (whether legal or equitable) by the Insured to the Lessors of his rights, benefits and claims under this policy, and further, nothing herein shall be construed as creating any right in the Lessors to sue the Insurer in any capacity whatsoever for any alleged breach of its obligations hereunder.

LESSORS INTEREST CLAUSE

It is noted and agreed that ………….. (here in after referred to as the Lessors) are the owners of the Property insured under (Item …….) and that such Property is the subject of a Leasing Agreement made between the lessors on the one part and the insured on the other part. It is further understood and agreed that any payment made in respect of loss or damage (which loss or damage is not made good by repair, reinstatement or replacement) under the terms of this Policy shall be made to the Lessors as long as they are the owners of the property. It is understood and agreed that notwithstanding any provision in the Leasing Agreement to the contrary, this Policy is issued to the Insured as the principal party and not as agent or Trustee for the Lessors and nothing herein shall be considered as constituting the Insured an agent or Trustee for the Lessors or as an assignment (whether legal or equitable) by the Insured to the Lessors of his rights, benefits and claims under this Policy, and, further, nothing herein shall be construed as creating any right in the Lessors to sue the Insurer in any capacity whatsoever for any alleged breach of its obilgations hereunder.

LOADING AND UNLOADING CLAUSE

It is hereby declared and agreed that the Insurer will indemnify the Insured in respect of Bodily Injury, loss or damage in connection with the loading or unloading of any vehicle, or trailer unless an indemnity is provided by another insurance.

Provided always that the total liability of the Insurer under this Policy shall not in any way exceed the limit of indemnity specified in this Policy.

Subject otherwise to the terms, Exceptions and Conditions of this Policy.

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Lock and Keys Clause - IBS

This policy covers the cost of replanting locks and/or keys and/or combinations where if as a result of burglary, theft or any attempt threat the keys and/or combinations are stolen or if there are reasonable grounds to believe the locks and/or keys and/or combinations may have been duplicated also the cost of opening safes and/or strongrooms as a result of theft of keys and/or combinations

LOCKS AND KEYS

The Sum Insured extends to include the cost of replacing locks and keys and/or combination if, as a result of theft or any attempt thereat, keys and/or combination are stolen, or if there are any reasonable grounds to believe that they have been duplicated, also the cost of opening locked safes and/or strongrooms as a result of theft of keys and/or combination.

LOSS NOTIFICATION CLAUSE (7 DAYS)

Notwithstanding anything contained herein to the contrary it is agreed that this insurance will not be prejudiced by any inadvertent delays, errors or omission in notifying the Company of any circumstances or events giving rise or likely to give rise to a claim under this Policy.

LOSS OF DAMAGED GOODS CLAUSE

In case of damage to property bearing brands labels and trademarks the sale of which carries in any way a guarantee of the Insured, the salvage value of such damaged property shall be determined after the removal in the customary manner of all brands labels and trade marks which might be taken to indicate that the guarantee of the Manufacturer or the Insured attached to said property. However notwithstanding anything to the contrary elsewhere herein, it is understood and agreed that in case of damage to goods insured under this Policy due to a peril insured against, the Insured or their representatives are to retain control of all damaged goods. The Insured, however agreed wherever practicable to recondition or sell such goods, the sale being made after removal of all brands labels or trademarks, with the Insurer being entitled to the proceeds of the sale. Where the use or disposal or sale of damage goods would be in the opinion of the Insured or their representatives detrimental to their interest such damage shall be treated as a constructive total loss and the Insured shall destroy the damaged goods in the presence of a representative of the Insurer and the Insured.

COMMENT no salvage. Consider additional premium and/or deductible.

LOSS PAYABLE CLAUSE

All payment in respect of indemnifiable losses hereunder shall be made to the Insured, PT JAYA KONSTRUKSI MANGGALA PRATAMA or to their order.

LOSS PREVENTION EXPENSES CLAUSE/RESCUE TEAM COSTS

This Policy is held to include :

1. Wages of the Insured’s employees other than full time members of a Works Fire Brigade;

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2. The cost of replenishments or resetting of fire fighting appliances or apparatus and loss, destruction or damage to materials ( including employees effects );

3. Other costs ( including loss, destruction or damage to property to gain access );

ENDORSEMENT 320 – COVER FOR LUBRICATING OIL OR REFRIGERANT

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, and subject to the Insured having paid the agreed extra premium, the Insurers shall indemnify the Insured for loss of lubricating oil or refrigerant in

Item(s) No(s)Contained in the specification of the Policy,Caused by an indemnifiable accident to the above-named items, subject to - a separate sum insured being provided in the specification of the Policy for the lubricating

oil or the refrigerant,- a deduction of proper depreciation according to the average life expectancy indicated by

the manufacturer or otherwise to be determined at the time of the loss.

MACHINERY BREAKDOWN Any sudden and unforeseen loss or damage and includes loss or damage resulting from :

- Careless incompetent or negligent acts of employees or third parties - Structural defects, materials defects or defects of design or assembly - Fortuitous working accidents such as vibration, maladjustment loosening of parts

abnormal stresses metal fatigue, centrifugal force excessive speed defective or accidental lack of lubrication seizure water hammer or local overheating failure of or foreign devices

- Falling, impact, collision or similar occurrences, obstruction or the entry of foreign bodies

- Storm, frost or drifting ice - The effects of electrical current following excessive or insufficient voltage, failure of

insulation, short circuits, open circuits or arcing or the effects of static electricity - Explosion and Implosion of Boilers and Chillers

MACHINERY BREAKDOWN EXTENSION COVER

Notwithstanding of anything contained in the policy to the contrary this insurance is extended to cover any unforeseen and sudden damage to any machinery described in the policy from mechanical and electrical breakdown with limit USD 50,000.00 each and every loss and USD. 100,000.00 in aggregate.

MATERIAL DAMAGE PROVISO WAIVER

It shall not be a condition precedent to liability in respect of interruption or interference in consequent of damage that payment shall have been made or liability admitted under the insurance covering the interest of the insured in the property at the premises against such damage if no such payment shall have been made nor liability admitted solely owing to the operation of a proviso in such insurance excluding liability for losses below a specified amount.

MILLENIUM EXCLUSION CLAUSE

The Policy is hereby amended as follows:

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A.    We will not pay for Damage or Consequential Loss directly or indirectly caused by, consisting of, or arising from, the failure of any computer, data processing equipment or media microchip, operating systems, microprocessor (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 inability to:7. Correctly recognize any date as its true calendar date;8. Capture, save, or retain and/or correctly manipulate, interpret or process any date or

information or command or instruction as a result of treating any date otherwise than as its true calendar date; and/or

9. 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 we will not pay for the repair or modification of any part of an electronic data processing system or its related equipment, to correct deficiencies or features of logic or operation.

C.    It is further understood that we will not pay for Damage or Consequential Loss arising from the failure, inadequacy, or malfunction of any advice, consultation, design evaluation, inspection, installation, maintenance, repair or supervision done by you or for you or by or for others to determine, rectify or test, any potential or actual failure, malfunction or inadequacy described in A, above.

Such damage or Consequential Loss described in A, B, or C above, is excluded regardless of any other cause that contributed concurrently or in any other sequence.

This Endorsement shall not exclude subsequent Damage or Consequential Loss, not otherwise excluded, which itself results from a Defined Peril. Defined Peril shall mean: Fire, Lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, hurricane, cyclone, riot, strike, civil commotion, vandalism, malicious mischief, earthquake, volcano, tsunami.

MINOR ALTERATION AND REPAIR CLAUSE

Minor alteration, additions and repairs to building plant fixtures and fittings and machinery and minor works in progress are allowed and the insurance by this Policy shall not be prejudiced by this.

MINOR ALTERATION AND REPAIR CLAUSE

Minor alteration, additions and repairs to building plant fixtures and fittings and machinery (exclusive of any Sprinkler Installation) and minor works in progress are allowed and the insurance by this Policy shall not be prejudiced by this.

MINOR ALTERATIONS AND REPAIRS CLAUSE

Minor alterations, additions and repairs to building, plant fixtures and fittings, and machinery (exclusive of any Sprinkler Installations) and minor works in progress are allowed and the insurance by this Policy shall not be prejudiced by this.

MISDESCRIPTION CLAUSE

It is understood that this insurance shall not be prejudiced by any alteration or misdescription of occupancy provided the Insured shall notify the Company immediately they become aware of the same and to pay additional premium if required from the date of the inception of the increased hazard.

MITIGATION EXPENSES CLAUSE

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The insurance afforded by this policy extends to cover an expense reasonably incurred by or on behalf of the insured for works carried out and/or equipment supplied and all of the like purpose of mitigating, containing or suppressing loss, destruction or damage by any cause hereby insured against spreading, occurring at or adjacent to or immediately threatening the situation of any property insured by this policy (limit USD 100,000.00 any one loss)

MOLD AND FUNGI ENDORSEMENT

A. This policy only issues physical loss or damage to property insured by mold, mildew, fungus or spores, when directly caused by damage to property insured during the period by one of the following listed perils :

Fire, earthquake, explosion, lightning, windstorm, hail, flood or water, direct impact of vehicle, aircraft or vessel, riot or civil commotion, vandalism or malicious mischief or accidental discharge of fire protection equipment

This coverage is subject to all limitations of the policy and in addition to each of the following specified limitations :

1. The said property must be insured for declared physical loss or damage by that listed peril

2. The insured must report to the insurer the existence and cost of the physical loss or damage by mold, mildew, fungus, or spores as soon as practicable, but not latter than 6 months after the listed peril first caused any physical loss or damage to such insured property during the policy period. This policy does not insure any physical loss or damage by mold, mildew, fungus or spores first reported to the insurer after that 6 months period

B. Except as set forth in the foregoing section A, this policy does not insure any loss, damage, claim, cost, expense, or other sum directly or indirectly arising out of relating to mold, mildew, fungus or spores of any type, nature or description

MONEY IN SAFE EXTENSION COVER (LIMIT IDR.10,000,000.00)

It is hereby noted and agreed that this policy covers Money of the Insured or for which the Insured has assumed responsibility in expectation of insurable interest is defined as Cash Bank, Currency Note, Postal Orders and Money Cheques, Giro Cheques, Travellers Cheques, Postage Stamps VAT Purchase Invoice stored in a Safe Deposit Box within the said premises.

Cover in respect of money is defined shall be covered under this policy subject to a limit IDR.10,000,000.00 each and every loss, it shall be a condition of cover provided hereunder that the loss of money covered this policy shall be reported to Insurers within 7 (seven) days of the date of loss.

MOTOR CYCLING RISKS CLAUSE

It is hereby declared and agreed that this Policy is extended to cover the insured person whilst mounting, riding or dismounting from any motorcycle except for the purpose of racing pacemaking or speed testing.

Mould Clause (maximum USD 25,000.00)

It is hereby noted and agreed that in the event of loss or damage to the moulds hereby insured, the amount of indemnity in respect thereof shall be limited to the value of the

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materials together with the cost of labour expended in reproducing such moulds (excluding of any cost of design)

NEW BUSINESS CLAUSE

For the purpose of any claim arising from damage occurring before the completion of the first year’s trading of the business at the premises, the term “Gross Rental”,”Annual Gross Rental” and “Standard Gross Rental” shall bear the following meanings and not as within stated.

Gross Rental: The money paid of payable to the Insured by tentants in respect of rental of the premises.

Annual Gross Rental:Proportional equivalent, for a period of twelve months, of the Gross Rental realized during the period between the Business and the date of the Incident.

Standard Gross Rental:The proportional equivalent, for a period equal to the Indemnity Period, of the Gross Rental realized during the period between the commencement of the Business and the date of the Incident.

to which such adjustments shall be made as may be necessary to provide for the trend of the Business and for the variations in the business either before or after the damage or which would have affected the Business had the damage not occured, so that the figures thus adjusted shall represent as nearly as may be reasonably practicable the results which but for the damage would have been obtained during the relative period after the damage.

NEW BUSINESS CLAUSE (FOR GROSS PROFIT)

For the purpose of any claim arising from damage occurring before the completion of the first year’s trading of the business at the premises, the term “Gross Profit ”,”Annual Gross Profit” and “Standard Gross Profit” shall bear the following meanings and not as within stated.

Rate of Gross Profit The rate of Gross Profit earned on the Turnover during the period between the date of the commencement of the Business and the date of the Incident

Annual Turnover The Proportional equivalent, for a period of twelve months, of the Turnover realised during the period between the commencement of the Business and the date of the Incident

Standard Turnover The proportional equivalent, for a period equal to the Indemnity Period, of the Turnover realised during the period between the commencement of the Business and the date of the Incident

to which such adjustments shall be made as may be necessary to provide for the trend of the Business and for variations in or other circumstances affecting the Business either before or after the Incident or which would have affected the Business had the Incident not occurred, so that the figures thus adjusted shall represent as nearly as may be reasonably practicable the results which but for the Incident would have been obtained during the relative period after the Incident

NEW BUSINESS CLAUSE

For the purpose of any claim arising from damage occurring before the completion of the first year’s trading of the business at the premises, the term “Gross Profit ”,”Annual Gross Profit”

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and “Standard Gross Profit” shall bear the following meanings and not as within stated.

Rate of Gross Profit The rate of Gross Profit earned on the Turnover during the period between the date of the commencement of the Business and the date of the Incident

Annual Turnover The Proportional equivalent, for a period of twelve months, of the Turnover realised during the period between the commencement of the Business and the date of the Incident

Standard Turnover The proportional equivalent, for a period equal to the Indemnity Period, of the Turnover realised during the period between the commencement of the Business and the date of the Incident

to which such adjustments shall be made as may be necessary to provide for the trend of the Business and for variations in or other circumstances affecting the Business either before or after the Incident or which would have affected the Business had the Incident not occurred, so that the figures thus adjusted shall represent as nearly as may be reasonably practicable the results which but for the Incident would have been obtained during the relative period after the Incident

NEW LOCATION CLAUSE – Subject To 1st Class Construction, Non Pasar Risk or Public Warehouse

It is hereby declared and agreed that the company will hold cover any new locations acquired by the Insured during the Period of Insurance subject to the Sum Insured not exceeding of IDR. 100,000,000.00 any one location with max. 5 (five) new locations within the policy period and subject to review.

The Insured shall be declare to the company every quarterly and an additional premium shall be charged accordingly.

NEW LOCATIONS CLAUSE

It is hereby declared and agreed that the Company will hold cover any new locations acquired by the Insured during the Period of Insurance subject to:1. not more than IDR. 500,000,000.- any one location.2. 1st Class Construction3. Non Pasar Risk4. Additional PremiumThe Insured shall declare to the Company every quarterly and an additional premium shall be charged accordingly.

NEW REPLACEMENT VALUE CLAUSE

It is hereby agreed that in the event of the property Insured being lost destroyed or damaged, the basis upon which the amount payable under this Policy is to be calculated shall be the cost of replacing or reinstating the property of the same kind or type but not superior to or more extensive than the Insured properly when new, subject also to the terms and conditions of the Policy.

INDUSTRIES, SEEPAGE, POLLUTION AND CONTAMINATION CLAUSE NMA 1685 (SUDDEN AND ACCIDENTAL)

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This Agreement does not cover any liability for:

1) Personal Injury or Bodily Injury or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination, provided always that this paragraph (1) shall not apply to liability for Personal Injury or loss of or physical damage to or destruction of tangible property, or loss of use of such property damage or destroyed, where such seepage, pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of this insurance.

2) The cost of removing, nullifying or clean-up seeping, polluting or contaminating substances unless the seepage, pollution or contamination is caused by sudden, unintended and unexpected happening during the period of this Insurance.

3) Fines, penalties, punitive or exemplary damages.

This Clause shall not extend this Agreement to cover any liabilitiy which would not have been cover under this Agreement had this Clause not been attached.

ELECTRONIC DATA RECOGNITION CLAUSE EDRC B (NMA 2801)

SECTION 1This Policy does not cover any loss, damage, cost, claim or expense, whether preventative, remedial or otherwise, directly or indirectly arising out of or relating to:

a. the calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year 2000, or any other date change, including leap year calculations, by any computer system, hardware, programme or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not; or

b. any change, alteration, or modification involving the date change to the year 2000, or any other date change, including leap year calculations, to any such computer system, hardware, programme or software or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not.

This clause applies regardless of any other cause or event that contributes concurrently or in any sequence of the loss, damage, cost, claim or expense.

However this section shall not apply in respect of physical damage occurring at the insured’s premises arising out of the perils of fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, hurricane, cyclone, riot, strike, civil commotion, vandalism, malicious mischief, earthquake, volcano, tsunami, freeze or weight of snow.

SECTION 2 Notwithstanding Section 1 above, this Policy does not cover any costs and expenses, whether preventive, remedial, or otherwise, arising out of or relating to change, alteration or modification of any computer system, hardware, programme or software or any microchip, integrated circuit or similar device in computer or non-computer equipment, whether the property of the insured or not.

SECTION 3The date change to the year 2000, or any other date change, including leap year calculations, shall not in and itself be regarded as an event for the purpose of this Policy.

NOMINATED ADJUSTERS CLAUSE

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In the event of any claim under the Policy one of the following adjuster shall be appointed :d. PT. Japenansi Nusantarae. PT. Satria Dharma Pusaka Crawfordf. Any Other Adjuster as mutually agreed by the Insurers and the Insured.

NOMINATED ADJUSTERS CLAUSE

It is hereby noted and agreed that in the event of a loss the following Adjuster should be appointed and the preliminary and/or Final Report should be forwarded to the Agent and/or the Broker concern Nominated Adjuster :

g. PT. Japenansi Nusantara (GAB Robins)h. PT. Cunningham Lindsley Indonesia i. Any Other Adjuster as mutually agreed by the Insurers and the Insured.

NOMINATED ADJUSTERS CLAUSEIt is hereby noted and agreed that in the event of a loss the following Adjuster should be appointed and the preliminary and/or Final Report should be forwarded to the Agent and/or the Broker concern Nominated Adjuster :

j. PT. Japenansi Nusantara (Toplis and Harding Indonesia)k. PT. Satria Dharma Pusaka (Crawford THK)

And PT Tri Dharma Proteksi Insurance Broker is given the right to select and appoint the adjusters for and on behalf of the insurer

NON CANCELLATION CLAUSE

The Insurance Company undertakes to obtain the Mortgagee’s and/or Banker’s consent prior to the cancellation of the Policy if instructions have been received for the cancellation of the Policy and also to advise the Mortgagees and/or Bankers immediately of any other material changes which are proposed to be made in the terms of the insurance.

NON INVALIDATION CLAUSE

It is hereby agreed that this insurance shall not be invalidated by :a. Any change of occupancy or increase of risk taking place in the property insured

without the Insured's knowledge, provided that they shall, immediately on the same coming to their knowledge, advise the Insurers and pay any additional premium that may be required from the date of such increase of risk.

b. Workmen on the premises for the purpose of affecting repairs minor alterations or general maintenance purposes and the like.

NOTICE OF CANCELLATION 30 (THIRTY) DAYS – EXCEPT RSMD 4.1A + CC : 3 DAYS

Both the Insurer and the Insured are entitled to terminate this insurance upon 30 (thirty) days notice in writing being given. Such termination should be effected of the registered letter.

When the Insurer terminates the insurance, he is obliged to return pro rata premium for the unexpired period of insurance. If it is the Insured who terminates the insurance, premium will be calculated on the short term rate laid down in the current Fire Insurance Tariff of Indonesia for the completed period of insurance.

NOTIFIABLE DISEASE, VERMIN, DEFECTIVE SANITARY, ARRANGEMENTS, MURDER & SUICIDE

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Infectious or contagious disease manifested by any person whilst at the premises or an outbreak of a noticeable infectious or contagious disease within twenty-five miles of the premises or murder or suicide or any attempt thereat or fatal accident at the premises; Noticeable disease shall mean illness sustained by any person resulting from any human infectious or human contagious diseases (excluding Acquired Immune Deficiency Syndrome (AIDS) or any AIDS related condition) an outbreaks of which the competent local authority has stipulated shall be notified to them

NOTIFICATION CLAUSE

The present situation, manner of connection, construction, nature and interior of the buildings and also the trade carried on therein is known to us.

NUCLEAR ENERGY EXCLUSION CLAUSE

This agreement shall not apply the following:

(i) Nuclear energy risks in accordance with the Nuclear Energy Risks Exclusion Clause (Reinsurance) (1994) NMA 1975a (Worldwide exclusion USA and Canada)

(ii) Any other liability, loss, cost of expense of whatsoever nature directly or indirectly caused by, resulting from, arising out of or in connection with nuclear reaction, nuclear radiation or radioactive contamination regardless of any other cause contributing concurrently or in any other sequence to this loss, save were such liability, loss, cost or expense arises under insurances or reinsurances expressly exempted from Nuclear Energy Risk Exclusion Clause (Reinsurance) (1994) NMA 1975a (Worldwide excluding USA & Canada) in respect of which the Reinsured has specifically granted cover.

OCCUPIER’S LIABILITY

Notwithstanding of anything contained in the policy, this insurance is extended to cover for loss or damage to the tenants and guest’s property occurring at the insured premises, controlled by the insured security to which this policy applies as described in the schedule.Subject to the term, conditions and exceptions this policy.

OFFSITE STORAGE AND OPEN STORAGE CLAUSE, TEMPORARY STORAGE AND UNLISTED LOCATION (MAXIMUM IDR 1,000,000,000.00)

Subject to 5% of stock value with maximum IDR 1,000,000,000.00 and sufficiently protected and 30 days notice for automatic cover subject to additional premium

OUTBUILDINGS CLAUSE

The insurance by each item under buildings is understood to include walls, gates and fence, small outside buildings, extensions, annexes, exterior staircase, fuel installations, steel or iron framework and tanks in the said premises and the insurance by each item under contents extends to contents of each outbuilding, provided their values are included in the sum insured.

OUTPUT REPLACEMENT CLAUSE Notwithstanding anything contained herein to contrary, property insured this section which measurable output and which is capable of replacement with new item or items which perform a similar function is valued for insurance purposes as follows and values for settlement of any loss,destruction or damage in respect thereof shall be on the same basis: 

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(a) If property loss, destroyed or damaged is to be replaced by an items which has or have the same or a lesser total output, then the insurable value thereof is the new installed cost of such replacement item or items as would give the same total output as the property lost, destroyed or damaged.

 (b) If the property with the same total output as the lost, destroyed or damaged property is

not available within a reasonable time of the loss, destruction or damage then no deduction shall be made from any claim to allow for the improve output of the replacement property.

 Provided that in the event of partial loss where property is to be repaired this policy shall pay the cost of restoration of the property to a condition substantially the same as but not better or more extensive than its condition when new.  

OUTPUT SUBSTITUTED FOR TURNOVER

" It is agreed that in the event of a claim arising under this Policy, adjustment may at the option of the Insured, be based on "TURNOVER OR OUTPUT" or whatever other index of business activity affords the most equitable result, and, except in the definition of turnover, the word "Turnover" wherever used in this Policy shall read as  "TURNOVER OR OUTPUT OR ALTERNATIVE INDEX".  "Output" shall mean, sale value of goods manufactured by, or sold by the Insured in the course of the Business at the Premises."

OUTPUT REPLACEMENT CLAUSE

Where any Property Insured hereunder constitutes property which has a measurable function, capability or output and it is, or may become, necessary to replace such property with a new item or items which perform(s) a similar function or function then such property shall be valued for Insurance purpose as follows, and the value(s) of settlement of any claim in respect thereof shall be on the same basis :

a. Where and damaged property Insured is to be replaced by an item or items which have the same or a lesser total function, capacity or output, then the insurable value of such damaged property insured is the new installed cost of such replacement item or items as would give the same total function, capability or output as the damaged property insured

b. Where any damaged property insured is to be replaced by an item or items which have a greater total function, capability or output and the new installed cost of such replacement property is no greater that the replacement property is no greater than the replacement value of the damaged property insured, then no deductions shall be made from any claim for the improved function, capability or output of the replacement property

c. If any damaged property insured is to be replaced by an items which have a greater total function, capability or output and the new installed costs of such replacement property is greater than the replacement value of the damaged property insured, then the insurable value of such damaged property insured is either :

i. The estimated cost of reinstatement of such damaged property insured as defined in sub-clause (a) of the reinstatement and replacement Memorandum; or

ii. That proportion of the new installed cost of the replacement item or items which the output of the damaged property insured bears to the output of the replacement items or items; whichever amount is the greater

OUTPUT SUBSTITUTED FOR TURNOVER

" It is agreed that in the event of a claim arising under this Policy, adjustment may at the option of the Insured, be based on "TURNOVER OR OUTPUT" or whatever other index of

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business activity affords the most equitable result, and, except in the definition of turnover, the word "Turnover" wherever used in this Policy shall read as  "TURNOVER OR OUTPUT OR ALTERNATIVE INDEX".  "Output" shall mean, sale value of goods manufactured by, or sold by the Insured in the course of the Business at the Premises."

OUTSIDE PREMISES STORAGE  Where the Insured enters into a contract for the storage of his goods and/or merchandise at outside premises and the terms of such storage contain a disclaimer clause then this insurance shall not be prejudice by the Insured agreeing to such terms.  OVERHEAD TRANSMISSION AND DISTRIBUTION LINES EXCLUSION CLAUSE

Excluding losses in respect of overhead transmission and distribution lines and their supporting structures other than those on or within 150 meters (or 500 feet) of the insured premises.

It is understood and agreed that public utilities extension and/or suppliers extension and/or contingent business interruption coverages are not subject to this exclusion provided that these are not part of a transmitters’ and distributors’ policy

PARTIAL COMPLETION CLAUSE

If the whole or any part of the Contract Works insured by this Policy is taken over, occupied or put into use by the Principal or other prior to completion, the Insurers will not be liable for any loss damage or liability in respect of :

a. The occupant or their propertyb. The Contract Worksc. Third Party or their property

Arising from taking over, occupancy or use of any part of the Contract Works.

This endorsement is subject to the terms and conditions and exclusion of the Policy.

PAYMENT OF PREMIUM WARRANTYPAYMENT OF PREMIUM WARRANTY

(1) Notwithstanding the provisions of Article 257 of the Commercial Code (Kitab Undang-undang Hukum Dagang) and notwithstanding anything herein contained to the contrary, and subject only and without prejudice to clause 2 hereinafter set out, it is hereby declared and agreed that it is a condition precedent to liability under this Policy, any Renewal Certificate, Endorsement or Cover Note that any premium due must be paid and actually received in full by the company:a. when the period of insurance is 30 (thirty) days or more, within 30(Thirty)30(Thirty) days from

the inception date of coverage under the Policy, Renewal Certificate, Endorsement Cover Note.

b. when the period of insurance is LESS than 30 (thirty) days, within the period of insurance specified in the Policy, Endorsement, Renewal Certificate or Cover Note.

(2) In the event any of the above mentioned premium is not paid in full to and received by the Company, as described above in the manner and within the time stipulated above (the premium warranty period), the cover under this Policy, any Renewal Certificate, Endorsement or Cover Note shall be deemed to have terminated from the expiry of the premium warranty period and the company shall be discharged from all liability therefrom but without prejudice to any liability incurred before that date and the

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company will be entitled to a pro-rata time on risk premium subject to a minimum of IDR.50,000.00

PAYMENT ON ACCOUNT CLAUSE

It is hereby declared and agreed that progress payment on account of any loss recoverable under this Policy will be made to the Insured at such stages as may be mutually agreed upon if desired by the Insured and on production of an interim report by the loss adjuster (if appointed) provided that such payment are deducted from the finally agreed claim settlement figures.

Payment on Account Clause - IBS

It is hereby declared and agreed that process payment on account of any loss recoverable under this policy will be made to the insured at such stages as may be mutually agreed upon if desired by the Insured and on production of an interim report by the loss adjuster (if appointed) provided that such payments are deducted from the finally agreed claim settlement figures

PAYMENT ON ACCOUNT CLAUSE - TDP

Notwithstanding anything contained in this Policy to the contrary provided that liability has been admitted, progress pavements on account of any claim may be made to the insured at such intervals :75% of interim payment from the Loss and/or for such amount as may be agreed upon production of a report by the Loss Adjuster (if appointed) provided such pavements shall be deducted from the amount finally determined upon adjustment of the claim

PERILS EXTENSION CLAUSE (ACT OF GOD)

Nowithstanding anything contained in the terms, conditions and executions of this policy to the contrary, it is hereby noted and agreed that this insurance covers loss of or damage to the insured motor vehicle caused by or in consequence of the earthquake and / or volcanic eruption and / or flood and / or windstorm and / or Affiliated natural Catastrophe subject to terms and conditions of the policy.

PERSONAL PROPERTY ANYWHERE IN INDONESIA, INCLUDING PROPERTY OF CLUBS AT THE SITUATION (LIMIT US$ 5,000 PER OCCURENCE & US$ 100,000 IN THE AGGREGATE) (N - 692)

Clause (g) in Section 1 "The Indemnity" is amended to read:

(g) damage to:

(i) personal property (including money and negotiable instruments) of directors, partners, proprietors and employees of the Insured whilst engaged on the business of the Insured anywhere in the Republic of Indonesia other than whilst on the private premises of such director,

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partner, proprietor or employee; and

(ii) property of welfare, sport and social clubs of the Insured whilst such property is at the Situation.

PROVIDED THAT THE INDEMNITY AFFORDED BY THIS ENDORSEMENT:

(i) shall be limited to an amount of US$ 5,000 per occurrence and not exceeding US$ 100,000 in the aggregate and not subject to the Co-insurance memorandum contained in Section 1 of the Policy;

PLANS AND DOCUMENTS CLAUSE   It is understood and agreed that this Policy will also indemnify the Insured against the necessarily incurred costs of re-writing of plans and drawings or other contract document lost destroyed or damaged as a result of a peril insured hereunder providing such loss destruction or damage occurs at the Project Site. Such indemnification shall however be limited to : 1.       a maximum amount of IDR 100,000,000.00 each and every occurrence or series of

occurrences arising out of any one event.2.       the cost of labor expended in such re-writing or re-drawing including all necessary

overtime or research. 

PREMISES CLAUSE

Extends to cover property whilst on platform, alleys, yards, buildings and in the open within the compound.  PREVENTION OF ACCESS CLAUSE ( Time excess as per policy schedule)

It is hereby agreed and declared that loss as insured by under this policy resulting from interruption of or interference with the business in consequence damage (as within defined) to property within one half mile of the premises which shall prevent or hinder the use thereof access thereto, whether the premises or property of the Insured therein shall be damaged or not shall be deemed to be loss resulting from damage to property used by the Insured at the premises.

PREVENTIVE MEASURE CLAUSE

It is agreed that in the event of actual damage (or imminent damage) to the Insured Property, the Insurer will pay the reasonably cost necessary in preventing, minimising or reducing damage to the Insured Property, which the insured can prove were necessarily incurred immediately and urgently in an emergency.

PROFESSIONAL ACCOUNTANTS CLAUSE

Any particulars or details contained in the insured’s books account or other business books or documents which may be required by the Company for the purpose of investigation or verifying any claim hereunder may be produced by professional accountants if at the time they are regularly action as such for the insured and their report shall be prima facie evidence

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at the particular and details to which such report relates.

The Insurer will pay to the Insured the reasonable charges payable by the Insured to their professional accountants for producing such particulars or details or any other proofs, information or evidence as may be required by the Insurer under the terms of Claims Condition of this policy and reporting that such particulars or details are in accordance with the Insured’s books or documents.

Provided that the Sum of the amount payable under this clause and the amount otherwise payable under the policy shall in no case exceed the liability of the Insurer as stated.

PROFESSIONAL FEES CLAUSE

The Insurance by this Section includes in addition an amount in respect of Architects, Surveyors, and Consulting Engineers Fees or other professional fees and normally reimbursable expenses necessarily incurred by the Insured in the reinstatement of the Insured Property consequent upon its loss, destruction or damage but not for preparing any claims, it being authorized amount payable for such fees shall not exceed that authorized under scales authorized by the Royal Institute of British Architects, the Royal Institution of Chartered Surveyors, the Association of Consulting Engineers or of the equivalent body in the country of domicile of the professional body concerned.

PROGRESS CLAIM PAYMENT CLAUSE This insurance is extended to cover costs and expenses reasonably incurred by the insured following loss or damaged to the property insured to extract and compile information required by the company from the insured’s own records for the purpose of preparing a claim under the policy but excluding legal, investigation and research fees/expenses incurred for the purpose of contesting any issue over the Company’s liability under the Policy.

 Provided always that no amount shall be recoverable under this endorsement if subsequent to the incurring of any expenses, the Company shall deny liability for any claim in respect of which the expenses have been incurred (with or without consent of the Company)  

PROPERTY DAMAGE CLARIFICATION CLAUSE

It is hereby declared and agreed that property damage covered under this policy shall mean physical damage to the substance of the items insured.

Physical damage to the item(s) insured shall not include loss of or damage:

a) To data or software e.g. any detrimental change in data, software or computer programs caused by a deletion, corruption or deformation of the original structure. Notwithstanding this, however, loss of or damage to data or software which is the direct consequence of insured physical damage to the substance of the item(s) insured shall be covered.

b) Resulting from an impairment in the function, availability, range of use or accessibility of data, software or computer programs of the item(s) insured.

Consequently, any business interruption losses resulting from the above, shall not be covered by this policy.

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PROPERTY ELECTRONIC DATA AND INTERNET ENDORSEMENT

It is noted and agreed that this policy is hereby amended as follows:

The Insurer will not pay for Damage or Consequential loss directly or indirectly caused by, consisting of, or arising from:

7. Any functioning or malfunctioning of the internet or similar facility, or of any intranet or private network or similar facility.

8. Any corruption, destruction, distortion, erasure or other loss or damage to data, software, or any kind of programming or instruction set,

9. loss of use or functionality whether partial or entire of data, coding, program, software, any computer or computer system or other device dependent upon any microchip or embedded logic, and any ensuing inability or failure of the Insured to conduct business.

This endorsement shall not exclude subsequent damage or Consequential loss, not otherwise excluded, which itself results from a Defined Peril. Defined Peril shall mean: Fire, Lightning, Earthquake, explosion, Falling Aircraft, Flood, Smoke, Vehicle Impact, Windstorm or Tempest.Such Damage or Consequential loss described in 1, 2, or 3 above is excluded regardless of any other cause that contributed concurrently or in any other sequence.All Other terms, conditions and exclusions of this policy remain unchanged.

PROPERTY IN THE CARE, CUSTODY AND CONTROL

This policy is extended to cover the property in care, custody and control of the insured.

PROPERTY IN THE OPEN  The property insured under this policy is including property in the open within the premises

PROPERTY IN TRANSIT WITHIN THE REPUBLIC OF INDONESIA

The Policy extends to cover Property Insured (other than stocks or raw materials and finished goods) whilst in transit between port or ports, place or places within the Republic of Indonesia (including whilst being loaded onto or unloaded from conveying vessels and/or vehicles and/or aircraft).

It is agreed that the liability of the Insurer(s) shall not exceed the amount of the Sub-limit stated in the Schedule of the Policy against “Property in Transit within the Republic of Indonesia” in respect of any one loss or series of losses arising out of any one event or occurrence.

The cover granted by this extension shall be in respect of loss or damage arising out of and/or caused by fire, lightning, explosion, earthquake, impact of aircraft, riot, strikes, malicious damage, hijacking, civil commotion, sabotage and terrorism, storm, tempest, wind, rainwater, hail, theft of such property whether left in open air or not, water from or action by the sea, tidal wave or high water, erosion, subsidence, earth movement or collapse resulting therefrom.

PROGRESS CLAIM PAYMENT CLAUSE This insurance is extended to cover costs and expenses reasonably incurred by the insured following loss or damaged to the property insured to extract and compile information required by the company from the insured’s own records for the purpose of preparing a claim under the policy but excluding legal, investigation and research fees/expenses incurred for the purpose of contesting any issue over the Company’s liability under the Policy.

 Provided always that no amount shall be recoverable under this endorsement if subsequent to

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the incurring of any expenses, the Company shall deny liability for any claim in respect of which the expenses have been incurred (with or without consent of the Company)  PRORATA RETURN PREMIUM CLAUSE

Notwithstanding any contained to the contrary, cancellation of any policy arranged for this program, return premium, if shall be subject to prorate premium calculation basis

PRO-RATA REFUND PREMIUM CLAUSE

In the event of the Gross Profit earned (or a proportionately in creased multiple thereof when the maximum indemnity period exceeds twelve months) during the accounting period of twelve months most nearly concurrent with any period of insurance as certified by the Insured’s auditors being less than the sum insured thereon, a pro-rata sum insured for such period of insurance will be made in respect of the difference. If any damage shall have occurred, giving rise to a claim under this policy, such return shall be made in respect only of so much of the said difference as is not due to such damage.

PUBLIC AUTHORITIES CLAUSE

The insurance by this Policy extends to include such additional cost of reinstatement of the destroyed or damaged property thereby insured as may be incurred solely by reason of the necessity to comply with Building or other Regulations under or framed in pursuance of any Government Act or Bye-Law of any Municipal or Local Authority provided that :

1. The amount recoverable under this Extension shall not include:a. the cost incurred in complying with any of the aforesaid Regulations or Bye-Laws.i. In respect of destruction or damage occurring prior to the granting of this Extension.

ii. In respect of destruction or damage not insured by the Policy.iii. Under which notice has been served upon the insured prior to the happening of

the destruction or damage.iv. In respect of undamaged property or damage portions of property.

b. the additional cost that would have been required to make good the property damaged or destroyed to a condition equal to its condition when new had the necessity to comply with any of the aforesaid Regulations or Bye-Laws not arisen.

c. the amount of any rate, tax, duty, development or other charge or assessment, arising out of capital appreciation which may be payable in respect of the property or by the owner there of by reason of compliance with any of the aforesaid Regulations or Bye-Laws.

2. The work of reinstatement must be commenced and carried out within reasonable dispatch and in any case must be completed within twelve months after the destruction or damage or within such further time as the Insurer may (during the said twelve months) in writing allow and may be carried out wholly or partially upon another site (if the aforesaid Regulations or Bye-Laws so necessitate) subject to the liability of the Insurer under this Extension not being thereby increased.

3. If the liability of the Insurer under (any item of) the Policy apart from this Extension shall be reduced by the application of any of the terms and conditions of the Policy then the Liability of the Insurer under this Extension (in respect of any such item) shall be reduced in proportion.

4. The total amount recoverable under any item of the Policy shall not exceed the sum insured thereby.

5. All the conditions of the Policy except insofar as they may be hereby expressly varied shall apply as if they had been incorporated herein.

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PUBLIC UTILITIES CLAUSE (Time Excess: 7 Days)

Any loss as insured by item no. of this Policy resulting from the interruption of or interference with the Business in consequence of loss destruction or damage at the under-noted situations or to property

As under-noted be deemed to be an incident.

Property at any generating station or sub-station of the Public electricity supply undertaking land based the premises of the Public gas Supply undertaking of or any natural gas producer linked directly therewith waterworks or pumping station of the Public water supply undertaking from the Insured obtains (electricity) (gas) (water) or (telecommunications service) all in Indonesia.

REBATE CLAUSE

In the event of Gross Profit earned as certified by the Insured's Auditors, for the financial year most nearly concurrent with the period of insurance being less than the sum insured hereon, a prorata premium not exceeding 50% of the premium paid on such sum insured for such period of insurance will be made in respect of the difference. If any damage shall have occurred giving rise to a claim under this Policy, such return shall be made in respect only of so much of the difference as is not due to such damage.

RECOMPILING RECORDS AND CLAIMS PREPARING COSTS

The insurance under the Policy is limited to:(e) cost of recompiling records but only for the value of the materials together with the

cost of clerical labour expended in producing such records and (f) reasonable charges incurred by the Insured for producing and certifying any

information as may be required by the Insured under the items of Condition II of the Policy.

It is further understood that the Company shall not be liable under this extension for an amount in excess 10% of claim.

REINSTATEMENT ADDITIONAL CLAUSE

It is hereby understood that in case of reinstatement of the sum insured referred to in Article XVII of the within policy, the additional premium shall be calculated on a prorate basis in accordance with the remaining of cover

REINSTATEMENT OF LOSS CLAUSE

In consideration of the Insured undertaking to pay an additional premium at the agreed rate on the amount of loss calculated on a pro-rata basis from the date of such loss to the expiry of the current period of insurance it is agreed that in the event of loss the insurance hereunder shall be maintained in force for the full sum insured.

REINSTATEMENT OF SUM INSURED CLAUSE (SUBJECT TO ADDITIONAL PREMIUM)

It is understood and agreed that in the event of loss or damage by any of the perils insured against to the property above described and in the absence of written notice by the Company or the insured to the contrary the amount of insurance cancelled by loss is to be

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automatically reinstated as from the date of loss. The Insured undertaking to pay such premium which may be required for such reinstatement from the date.

REINSTATEMENT VALUE CLAUSE

It is hereby declared and agreed that in the event of the property insured being destroyed or damaged the basis upon which the amount payable for interest insured (except stock) of the Policy is to be calculated shall be the cost of replacing or reinstating on the same site property of the same kind or type but not superior to or more extensive than the insured property when new, subject to the following Special Provisions and subject also to the terms and conditions of the Policy except insofar as the same may be varied hereby.

Special Provisionsi. The work of replacement or reinstatement (which may be carried out upon another site

and in any manner suitable to the requirements of the Insured subject to the liability of Insurer not being thereby increased) must be commenced and carried out with reasonable despatch and in any case must be completed within 12 months after the destruction or damage or within such further time as the Insurer may (during the said 12 months) in writing allow otherwise no payment beyond the amount which would have been payable under the Policy if this memorandum had not been incorporated therein shall be made.

ii. Until expenditure has been incurred by the Insured in replacing or reinstating the property destroyed or damage the Insurer shall not be liable for any payment in excess of the amount which would have been payable under the Policy if this memorandum had not been incorporated therein.

iii. If at the time of replacement or reinstatement the sum representing the cost which would have been incurred in replacement or reinstatement if the whole of the property covered had been destroyed exceeds the sum insured thereon at the breaking out of any fire or at the commencement of any destruction of or damage to such property by any other peril insured against by this Policy then the Insured shall be considered as being his own insurer for the excess and shall bear a ratable proportion of the loss accordingly. Each item of the Policy (if more than one) to which this memorandum applies shall be separately subject to the foregoing provision.

iv. No payment beyond the amount which would have been payable under the Policy if this memorandum had not been incorporated therein shall be made if at the time of any destruction or damage to any property insured hereunder such property shall be covered by any other insurance effected by or on behalf of the Insured which is not upon the identical basis of reinstatement set forth herein.

v. This memorandum shall be without force or effect if (a). The Insured fails to intimate to the Insurer within 6 months from the date of

destruction or damage or such further time as the Insurer may in writing allow his intention to replace or reinstate the property destroyed or damaged.

(b). The insured is unable or unwilling to replace or reinstate the property destroyed or damaged on the same or another site.

REMOVAL OF DEBRIS CLAUSE

On first loss basisThe insurance under this heading is not subject to the Average Clause.

1. In consideration of the payment of an additional premium this policy extends to indemnify the Insured in respect of:The cost of removal of debris, demolition and any temporary repairs necessary (including the Insured's legal liability for the cost of removal of debris, demolition and temporary repairs in regard to adjoining premises, roadways or waterways, as well as on the site), consequent upon the destruction of or damage to any property, insured by the Insured's Fire Policy (of Policies) occasioned by fire or any other perils thereby insured against.Provided always that such cost is not recoverable under any other Policy of Insurance;

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that the indemnity afforded by this insurance shall not apply to or include liability assumed by the Insured under agreement entered into after the commencing date of this insurance unless such liability would have attached to the Insured in the absence of such agreement.

2. Sum insured :which in no case shall exceed 10 % of the total sum insured on building(s) and/or contents.

REMOVAL PERMIT CLAUSE

It is hereby understood and agreed that this policy shall be extended to cover against all direct loss and/or damage caused by the removing of property hereunder insured, from locations or premises affected by the perils insured hereunder, and also to cover during the terms of ten (10) days, such property in any other place where it should be necessary to move the insured property in order to preserve it from the perils insured hereunder or to maintain if safe from the peril of the occurrence.

RENT CLAUSE

Insurance of Rent (if any) applies if (any of) the said building(s) or any part hereof is unfit for occupation is consequence of any of the perils hereby Insured and then the amount payable shall not exceed such proportion of the sum insured on Rent as the necessary period of unoccupancy bears to the term of Rent insured under the Policy.

Rental Value

(1) Rental Value loss sustained by the Insured resulting from the necessary untenantability caused by loss, damage, or destruction covered herein during the term of this Policy to real and personal property not excluded by this Policy, but not exceeding the reduction in rental value less charges and expenses which do not necessarily continue.

(2) "Rental Value" is defined as the sum of:

a. the total anticipated gross rental income from tenant occupancy of the described property as furnished and equipped by the Insured; and

b. the amount of all charges which are the legal obligation of the tenant(s) and which would otherwise be obligations of the Insured; and

c. the fair rental value of any portion of said property which is occupied by the Insured.

(3) Experience of the Business:

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a. In determining the amount of rental value covered hereunder for the purposes of ascertaining the amount of loss sustained, due consideration shall be given to the rental experience before the date of damage or destruction and to the probable experience thereafter had no loss occurred to real and personal property not excluded by this Policy.

b. With respect to alterations, additions, and property while in the course of construction, erection, installation, or assembly, due consideration shall be given to the available rental experience of the business after completion of the construction, erection, installation, or assembly.

REPLACEMENT VALUE CLAUSE

It is hereby agreed that in the event of the property Insured being lost destroyed or damaged, the basis upon which the amount payable under this Policy is to be calculated shall be the cost of replacing or reinstating the property of the same kind or type but not superior to or more extensive than the Insured properly when new, subject also to the terms and conditions of the Policy.

RETURN OF PREMIUM CLAUSE

In the event of the GROSS PROFIT earned during the Financial Year most nearly concurrent with any period of insurance as certified by the Insured’s Auditors being less than the SUM INSURED thereon, a PRO-RATA return of premium not exceeding 50% of the premium paid on such Sum Insured for such period of insurance will be made in respect of the difference. If any damage shall have occurred, giving rise to a claim under this Policy, such return shall be made in respect only of so much of the said difference as is not due to such damage.

RETURN PREMIUM CLAUSE (1/3 PREMIUM)

If the insured declares at the latest six months after the expiry of any of any policy year that the gross profit earned during the accounting period of twelve months most nearly concurrent with any period of Insurance, as certified by the Insured’s auditors, was less than the sum insured thereon, a pro rata return premium not exceeding one third of premium paid on such sum insured for period of insurance shall be made in respect of the difference

If any loss destruction or damage has occurred giving rise to a claim under this policy, such return shall be made in respect only if so much of said difference as is not due to such loss destruction or damage(this clause does not apply for EQVET)

SALVAGE AND RECOVERIES CLAUSE

All salvages, recoveries, and payment recovered or received subsequent to a loss settlement under this Policy shall be applied in proportion to the losses of the parties as if covered or received prior to the said settlement and the parties shall make all necessary adjustment hereto.

SALVAGE SALES

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If following the Damage giving rise to a claim under this policy the Insured shall hold a salvage sale during the Indemnity Period, Clause (a) of item 1 of the Specification shall for the purpose of such claim read as follows:

(b) In respect of Reduction in Turnover: The sum produced by applying the Rate of Gross Profit to the amount by which the Turnover during the Indemnity Period (less the Turnover for the period of the salvage sale) shall, in consequence of the Damage, fall short of the Standard Turnover, from which sum shall be deducted the Gross Profit actually earned during the period of the salvage sale.

INDUSTRIES, SEEPAGE, POLLUTION AND CONTAMINATION CLAUSE NMA 1685 (SUDDEN AND ACCIDENTAL)

This Agreement does not cover any liability for:

4) Personal Injury or Bodily Injury or loss of, damage to, or loss of use of property directly or indirectly caused by seepage, pollution or contamination, provided always that this paragraph (1) shall not apply to liability for Personal Injury or loss of or physical damage to or destruction of tangible property, or loss of use of such property damage or destroyed, where such seepage, pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of this insurance.

5) The cost of removing, nullifying or clean-up seeping, polluting or contaminating substances unless the seepage, pollution or contamination is caused by sudden, unintended and unexpected happening during the period of this Insurance.

6) Fines, penalties, punitive or exemplary damages.

This Clause shall not extend this Agreement to cover any liabilitiy which would not have been cover under this Agreement had this Clause not been attached.

SELF-COMBUSTION COVERAGE CLAUSE (4.8)

Subject to the Warranty underneath, it is hereby expressly understood and agreed that in consideration of the payment of an additional premium as arranged, this policy also covers loss or damage the whole or any part of the property insured under item …………of the Schedule of the policy caused by self-combustion or self-heating.

Warranted that the goods hereby insured shall be professionally stored.

SELLING PRICE CLAUSE

It is noted and agreed that in respect of goods sold but not yet delivered for which the Insured is responsible and with regard to which under the written or printed conditions of sale the Sale Contract is cancelled by reason of the loss or damage indemnified by this Policy either wholly or to the extent of the loss or damage, the liability of the Insurer shall be based on the contract price, and for the purpose of average the value of all goods, to which this clause would in the event of loss or damage be applicable shall be ascertained on the same basis.

SERVICE CLAUSE

The insurance by this Policy relating to machinery and equipment extends to include telephone, gas, water and electric instruments, meters, piping, cabling and the like and accessories thereof including similar property in adjoining yards or roadways or underground all the property of the Insured or of suppliers or others for which the Insured are responsible provided their values are included in the sum insured.

SILENT RISK INSURANCE

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Warranted that during the currency of this policy the said factory be silent and that the machinery be not worked, except for the purpose of keeping it in good order, no material being passed through it and that no repairs whatever to machinery be carried on and that no material or goods except spare machinery and/or accessories be stored in the building.

SINGLE DEDUCTIBLE CLAUSE

The deductible under this Policy is running in conjunction with the deductibles under the Policies no(s). …………………. and that only one deductible in either Policy will respond to a claim or loss (if any).

SINGLE DEDUCTIBLE CLAUSE

The deductible under this Policy is running in conjunction with the deductibles under the Policies no(s). JKT00-G-0505-00F0007064, JKT00-G-0505-00F0007051, JKT00-G-0505-00F0007040, JKT00-G-0404-01F0006854, JKT00-G-0404-01F0006857, JKT00-G-0404-01F0006858, JKT00-G-0404-01F00068560 and that only one deductible in either Policy will respond to a claim or loss (if any).

SMOKE AND VEHICLE IMPACT CLAUSE

It is hereby declared and agreed that the insurance hereunder is extended to cover:

4.11.1 VEHICLE IMPACT, which for the purpose of this Endorsement shall mean:Damage to the property insured directly resulting from actual physical contact of a vehicle with the property insured hereunder or with the building containing such property. Provided that the Insurer shall not be liable for any damage caused:(i) by any vehicle owned or operated by the Insured or by any tenant of the

insured premises;(ii) to fences, driveways, walkways or lawns;(iii) to any other vehicle including its contents, other than stock of vehicles in

process of manufacture or for sale.For the purpose of this Endorsement, ”vehicle” shall mean any vehicle running or land or tracks but not aircraft. It is further agreed that for each and every loss recoverable hereunder, the Insured shall bear Rp. 1,000,000.- (one million Rupiah).

4.11.2 INDUSTRIAL SMOKE, which for the purpose of this Endorsement shall mean:Loss or damage to the property insured resulting from smoke due to a sudden, unusual and faulty operation of any heating or cooking units connected to a chimney by a smoke pipe or by a vent pipe, which is in or on the insured premises, excluding, however, smoke from fireplaces or industrial apparatus.

SMOKE ENDORSEMENT

The term "SMOKE" shall mean only smoke due to a sudden, unusual and faulty operation of any heating or cooking unit, only when such unit is connected to a chimney by a smoke pipe or by a vent pipe, and while in or the premises described on this policy, excluding, however, smoke from fireplaces or industrial apparatus.

Deductible (Excess)

1% of the total sum insured in any risk, any one occurrence or Rp.2.000.000,- whichever is less. This does not apply to the Impact of vehicles Endorsement and the Smoke Endorsement.

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SOFTWARE AND DATA-RELATED LOSSES EXCLUSION

1. The Insurance by this Policy excludes any Software Loss except:1.1. Software Loss resulting solely from direct physical loss of direct physical damage to

the equipment, hardware, media or device on which the programme, computer software or operating systems, programming instructions, or data are transported, processed or contained.

1.2. Direct physical loss or direct physical damage to tangible property by Fire or Explosion that result from a Software Loss. For the purposes of this endorsement, electronic data, programme(s), computer software or operating system(s), programming instruction(s) and data are not tangible property.

2. Software Loss means loss of or damage to any programme(s), computer software or operating system(s), programming instruction(s) or data arising out of resulting from any failure, malfunction, deficiency, deletion, fault, Virus, deletion or corruption or any loss of use, reduction in functionality, cost expense or liability resulting therefrom.

Software Loss includes, but not limited to, loss or damage resulting from any authorized or unauthorized access in, of or to any computer, communication system, file server, networking equipment, computer system, computer hardware, data processing equipment, computer memory, microchip, microprocessor (computer chip), integrated circuit or similar device in computer equipment, any program, computer software or operating systems, programming instructions or data.

3. Virus means software, data or code that affects the operation or functionality of any computer, communication system, file server, networking equipment, computer system, computer hardware, data processing equipment, computer memory, microchip, microprocessor (computer chip), integrated circuit or similar device in computer equipment, program, computer software or operating systems, programming instructions or data including, but not limited to, any destructive program, computer code, computer virus, worm, logic bomb, denial of service attack, smurf attack, vandalism, Trojan Horse or any other data introduced into any electronic system causing deletion, destruction, degradation, corruption, malfunction or compromise of or to data, software or electronic business systems.

SPECIAL ELECTRIC SHORT CIRCUIT COVERAGE CLAUSE

It is hereby expressly understood and agreed that in consideration of the payment of an additional premium as arranged, this policy also covers loss or damage to any generator, motor, transformers, and/or any other electrical machine and/or electrical installation except household appliances insured under item ..... of the Schedule of the Policy caused by short circuit or self heating

SPECIAL ELECTRICAL SHORT CIRCUIT CLAUSE

It is hereby expressly understood and agreed that in consideration of the payment of an additional premium as arranged, the policy also covers any loss or damage to any generator, motor, transformer, and/or any other electrical machine and/or electrical installation caused by short circuit and self heating

SPECIAL ELECTRICAL SHORT CIRCUIT CLAUSE (Limit IDR. 20,000,000.00)

It is hereby expressly understood and agreed that in consideration of the payment of premium as arranged, this policy also covers loss or damaged to any generator, motor, transformer, and/or any other electrical machine and/or electrical installation except

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household appliances insured under the schedule of the policy caused by short circuit of self heating subject to maximum limit of IDR. 20,000,000.00  any one accident.

However, this cover is inapplicable if the risk is covered under "Machinery Breakdown" or any other  special policy.

SPECIAL ELECTRICAL SHORT CIRCUIT CLAUSE

It is hereby expressly understood and agreed that in consideration of the payment of an additional premium as arranged, the policy also covers any loss or damage to any generator, motor, transformer, and/or any other electrical machine and/or electrical installation caused by short circuit and self heating

SPECIAL ELECTRICAL SHORT CIRCUIT CLAUSE (Limit IDR. 20,000,000.00)

It is hereby expressly understood and agreed that in consideration of the payment of premium as arranged, this policy also covers loss or damaged to any generator, motor, transformer, and/or any other electrical machine and/or electrical installation except household appliances insured under the schedule of the policy caused by short circuit of self heating subject to maximum limit of IDR. 20,000,000.00  any one accident.

However, this cover is inapplicable if the risk is covered under "Machinery Breakdown" or any other  special policy.

SPECIAL ELECTRICAL SHORT CIRCUIT CLAUSE (Limit IDR. 20,000,000.00)

It is hereby expressly understood and agreed that in consideration of the payment of premium as arranged, this policy also covers loss or damaged to any generator, motor, transformer, and/or any other electrical machine and/or electrical installation except household appliances insured under the schedule of the policy caused by short circuit of self heating subject to maximum limit of IDR. 20,000,000.00  any one accident.

However, this cover is inapplicable if the risk is covered under "Machinery Breakdown" or any other  special policy.

SPECIAL SELF-COMBUSTION COVERAGE CLAUSE

Subject to the Warranty underneath, it is hereby expressly understood and agreed that in consideration of the payment of an additional premium as arranged, this policy also covers loss or damage the whole or any part of the property insured under item .... of the Schedule of the policy caused by self-combustion or self-heating.

Warranted that the goods hereby insured shall be professionally stored

SPONTANEOUS COMBUSTION CLAUSE

It is hereby agreed and declared that this insurance covers loss of or damage to the insured property caused by its own spontaneous combustion, notwithstanding anything stated to the contrary on the printed conditions of the policy.

SPRINKLER LEAKAGE CLAUSE

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It is hereby agreed and declared that the insurance under the Policy shall extend to cover loss or damage to the property insured caused by water accidentally discharged or leaking from the Automatic Sprinkler Installation subject to First Loss sum insured (subject to a maximum limit as stated in the policy schedule) any one location and further subject to all the usual conditions of the Policy and the following special conditions :

1. The liability of Insurer shall in no case under this endorsement and the Policy exceed the sum insured by each item of the Policy.

2. It is expressly stipulated and made a condition thereof that the insured shall maintain the function of alarm or watchman service insofar as it is under his control or supervision.

3. Further provided that such discharge or leakage of water shall not be occasioned by or happen through:

a. Repairs or alterations to the buildings or premises.b. The automatic sprinkler installation being either repaired, removed or extended.c. The order of the Government or of any d. municipal local or other competent Authority.

e. Explosion, the blowing – up of buildings or blasting.f. Defects in construction or condition of which the Insured is aware.g. Condensation or deposits on the Automatic Sprinkler Installation.

Additional premium for this extension is 5%o of the first loss limit.

STOCK DECLARATION CLAUSE

10. In consideration of the premium by this Policy being provisional in that it is calculated on 75% of the sum insured hereby and is subject to adjustment on expiry of each period of insurance:- The insured agrees to declare to the Insurer in writing the value of his stocks (other

than retail), less any amount insured by Policies other than declaration policies, on the following basis namely the average of the values at risk during the month and to make such declaration within thirty days of the last day of the calendar month, such declaration to be signed by the Insured or by a responsible person authorized to sign on his behalf.

- If other policies on a declaration basis cover the stocks hereby insured the declaration shall be made so as to apportion to each policy a share of the value of the stocks insured under such declaration policies, pro rata to the respective amounts named in the policies.

- In the event of a declaration not being made within the 30 days mentioned above then the Insured shall be deemed to have declared the sum hereby as the value at risk.

- On the expiry of each period of insurance the premium shall be calculated at the rate quoted on the average sum insured, namely the total of the values declared or deemed to have been declared divided by the number of declarations due to have been made. If the resultant premium be greater than the provisional premium the Insured shall pay the difference, if it be less the difference shall be repaid to the Insured but such repayment shall not exceed one third of the provisional premium.

11. The basis of value for declarations shall be the market value and any loss hereunder shall be settled on the basis of the market value immediately anterior to the loss.

12. If at the time of any loss, there be any other subsisting insurance of insurance on other than a declaration basis, whether effected by the Insured or by any other person or persons, covering the stocks hereby insured, this Policy shall apply only to the excess of the value of such stocks at the time of loss over the sum insured by such insurance or insurances, and this Insurer shall not be liable to contribute more than that proportion of such loss which such excess (or, if there be other declaration insurances covering the same stocks, a rateable proportion of such excess), but not exceeding the sum insured hereby, bears to the total value of the stocks.

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13. If after the occurrence of a loss it is found that the amount of the last declaration previous to the loss is less than the amount that ought to have been declared, then the amount which would have been recoverable by the Insured shall be reduced in such proportion to the amount of the said last declaration bears to the amount that ought to have been declared.

14. Notwithstanding the occurrence of a loss it is understood that the sum insured will be maintained at all times during the currency of the Policy and the Insured therefore undertakes to pay extra premium on the amount of any loss pro rata from the date of such loss to the expiry of the period of insurance, the premium being calculated at the rate applicable to the stock destroyed and such extra premium shall not be taken into account in, and shall be distinct from, the final adjustment of premium.

15. In the event of this Policy being cancelled by the Insured during its currency (whether stocks exist or not) the premium to be retained by the Insurer shall be the appropriate short period premium calculated on the average amount insured up to the date of the cancelment, or 50% of the provisional premium whichever is the greater but if the Policy is cancelled by the Insured after a loss has occurred the premium to be retained by the Insurer shall be the pro rata proportion of the premium calculated on the average amount insured on the date of cancelment plus the pro rata proportion if the premium from the date of loss to the expiry of the period of insurance on the amount of the loss paid, or 50% of the provisional premium whichever is the greater.

16. The maximum liability of the Insurer shall not exceed the sum insured hereby and premium shall not be receivable on values insured thereof. The sum insured may, however, be increased by prior agreement with the Insurer in which event the new sum insured and the date from which it is effective will be recorded on the Policy by endorsement.

17. If the stocks hereby insured shall at the time of loss be collectively of greater value than the sum insured thereon, then the Insured shall be considered as being his own insurer for the difference and shall bear a rateable proportion of the loss accordingly. Every time, if more than one Sum Insured exist on stocks (other than retail) it shall be separately subject to this condition.

18. It is warranted that every other Policy on a declaration basis covering the stocks insured hereby shall be identical in wording with this Policy.

This insurance is subject in all respect to the printed conditions of the Policy except in so far as they may be varied by these special.

STRUCTURAL ALTERATION CLAUSE

Subject to article III of the within policy, it is hereby understood that structural alteration and extension of the buildings mentioned in this is allowed, as are the erection of new buildings, installation, reinstallation, replacement of machines, tools, implements, piping or other installations required for the process carried on, parts of installation and objects as well as to move all these within the premises In case of removal or demolition of an insured object this insurance will cover the new items substituting the removed or demolished objects up to the original amount insured.

SUBSIDENCE AND COLLAPSE ETC. CLAUSE (19.2 (a) COVER)

Notwithstanding anything contained to the contrary in Section II of this Policy, its is noted and agreed that the indemnity granted under section II of this Policy is extended to include liability in respect of damage to property, land or buildings caused by vibration or by the removal or weakening of support.

Provided that :

1. Indemnity upon discovery of damage to the third party property caused by vibration or by the removal or weakening of support due or alleged to be due to any operations of the Insured shall suspend operations, carry out repairs and install additional

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supports to the damaged property if the Insured shall fail to comply with this special provision the Insurers shall be under no liability for any claims in respect of the damaged property.

2. The Insurers shall not be liable for :

a. Claims in respect of damage to buildings under demolition or declared by the public Works Department to be dangerous

b. Any expenses incurred in taking safety measures to prevent damage to Third Party Property.

c. Claims in respect of loss or damage to buildings or other structures caused by cracking or otherwise unless the stability of the buildings or structure or the safety of its users is impaired.

d. The first US$. 7,500,000.00 or 10% of the loss in respect of each and every claim for loss of or damage to Third Party Property due to vibrations or weakening or removal of support. Whichever is the greater.

Subject otherwise to the terms, exceptions and conditions of this policy.

SUBSIDIARY COMPANY CLAUSE

Where the term “Subsidiary Companies” is used herein, it shall be deemed to include any company or its subsidiary which may be formed, purchased or acquired by the insured during the period of insurance.

SUE AND LABOUR CLAUSE In case of actual loss, it shall be lawful and necessary for the Insured, his or her factors, servants and assigns, to sue, labour and travel for, in and about the defence, safeguard and recovery of the property covered hereunder and part thereof without prejudice to this insurance, nor shall the acts of the insured or the company in recovering, saving and preserving the property covered in case of loss be considered a waiver or an acceptance of abandonment. The expenses so incurred shall be borne by the insured and the company proportionately to the extent of their respective interests.  

SUPPLIERS AND CUSTOMERS EXTENSION CLAUSE (ONLY AGAINST FIRE, LIGHTNING, EXPLOSION, AIRCRAFT DAMAGE AND SMOKE – FOR LIMIT USD 250,000.00 ANYONE OCCURRENCE AND IN THE AGGREGATE)

It is further noted and agreed that interruption of or interference with the business in consequence of an accident (as otherwise herein defined) at the premises of the Insured’s suppliers and/or customers shall also be deemed to be loss resulting from damage to property insured at the insured’s own premises provided that the liability hereunder subject to the terms and conditions of the policy (the list of suppliers and customers as per attached)

Suppliers and Customers Extension Clause (US$ 1,000,000.00)

This policy is expected to cover loss as insured by this policy resulting from interruption and/or interference with the Insured Business in consequence of destruction or damage caused by contingency insured hereunder to the property of the insured’s suppliers and customers

SUPPLIERS/CUSTOMERS PREMISES

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Subject to the terms, conditions and exclusions of the certificate, loss resulting from interruption of or interference with the Business in consequence of Damage:

a. property of suppliers, manufactures or processors of components, goods, materials, suppliers of service or other facilities and their suppliers

b. property of customers

c. property whilst in transit by road, rail or inland waterway,

anywhere in the World due to the insured Events insured by the Specification shall be deemed to be loss resulting for Damage to property of the Insured.

TEMPORARY REMOVAL CLAUSE

It is hereby agreed that the property insured by this policy (other than any stock in trade or merchandise) is covered in respect of the perils hereby insured against whilst temporarily removed for cleaning, renovation, repair or other similar purposes, elsewhere on the same premises or any other premises in the republic of Indonesia and in transit thereto and therefrom by road, rail or inland waterway.

Provided always that :

1. The amount recoverable under this extension in respect of each item of this policy shall not exceed the amount which would have been recoverable had the loss occurred in that part of the premises from which the property is temporarily removed nor, in respect of any loss occurring elsewhere than at the said premises, 10% of the sum insured by this policy after deducting therefrom the value of any building (exclusive of fixtures and fittings), stock in trade or merchandise hereby insured.

2. This extension does not apply to property if and so far as it is otherwise insured.3. As regards losses occurring elsewhere than at the premises from which the property is

temporarily removed this extension does not apply to :A. Motor vehicles and motor chassis licensed for normal road use,B. Property held by the insured in trust, other than machinery and plant

This clause is subject otherwise to all the terms and conditions of the policy to which it is attached

TEMPORARY REMOVAL CLAUSE

It is hereby agreed that the property insured by this policy (other than any stock in trade or merchandise) is covered in respect of the perils hereby insured against whilst temporarily removed for cleaning, renovation, repair or other similar purposes, elsewhere on the same premises or any other premises in the republic of Indonesia and in transit thereto and therefrom by road, rail or inland waterway.

Provided always that :

1. The amount recoverable under this extension in respect of each item of this policy shall not exceed the amount which would have been recoverable had the loss occurred in that part of the premises from which the property is temporarily removed nor, in respect of any loss occurring elsewhere than at the said premises, 10% of the sum insured by this policy after deducting therefrom the value of any building (exclusive of fixtures and fittings), stock in trade or merchandise hereby insured.

2. This extension does not apply to property if and so far as it is otherwise insured.3. As regards losses occurring elsewhere than at the premises from which the property is

temporarily removed this extension does not apply to :A. Motor vehicles and motor chassis licensed for normal road use,B. Property held by the insured in trust, other than machinery and plant

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This clause is subject otherwise to all the terms and conditions of the policy to which it is attached

TENANTS IMPROVEMENTS CLAUSE

The insurance by this Policy extends to include tenants improvements and alteration to Landlord’s property insofar as the Insured is responsible therefore.

TENANTS LIABILITY CLAUSE

It is hereby understood and agreed that property in the charge of or under the control of the Insured or any servant of the Insured shall be deemed not to include Premises (including Fixtures and Fittings) leased or rented to the Insured including residence occupied by expatriates.

Subject otherwise to the Terms Exceptions and Conditions of this Policy.

THEFT ENDORSEMENT It is hereby noted and agreed that in consideration of the Insured having paid an additional premium, this policy is extended to cover loss and or damage to the insured property caused by Theft without any visible violent or forcible entry to the insured premises, provided always that :

a. This endorsement shall be deemed to exclude property stored in the open air.b. This endorsement does not cover:

loss and/or damage whilst the building containing the property Insured hereby is totally unoccupied for 5 (five) consecutive days.

loss and/or damage to the insured property unless the Insured can prove that Theft has occurred.

the first IDR.2,500,000.00 for any claim. Theft by the person under control, care and custody of the Insured

This clause is subject otherwise to all the terms and conditions of the policy.

THEFT INCLUSION CLAUSE

It is hereby declared and agreed that notwithstanding anything contained herein to the contrary this policy is extended to cover theft of insured property during a fire or other peril covered under the terms of this policy, but this extension does not cover theft by employees.

72 HOURS CLAUSE (EARTHQUAKE, VOLCANIC ERUPTION & TSUNAMI)

It is agreed that any loss or damage to the Insured Property arising during any one period of seventy two (72) consecutive hours, caused by earthquake, volcanic eruption and tsunami shall be deemed as a single event and therefore to constitute one occurrence with regard to the Deductible provided herein. For the purposes of the foregoing the commencement of any such seventy two (72) hour period shall be decided at discretion of the Insured it being understood and agreed, however, that there shall be no overlapping in any two or more such seventy two (72) hour periods in the event of damage occurring over a more extended period of time.

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TRANSMISSION AND DISTRIBUTION LINES EXCLUSION CLAUSE

All transmission and distribution lines, including wires, cables, poles, pylons, standards, towers and any equipment of any type which may be attendant to such installations, including substations of any description. This exclusion includes but is not limited to transmission or distribution of electrical power, telephone or telegraph signals, and all communication signals whether audio or visual.

This exclusion applies to above and bellow ground equipment which are more than 300 meters (or 1000 feet) from an insured structure.

This exclusion applies both to physical loss or damage to the equipment and all business interruption, consequential loss, and/or other contingent losses related to transmission and distribution lines.

TURNOVER ELSEWHERE AFTER DAMAGE

If during the Indemnity Period goods shall be sold or services shall be rendered elsewhere than at the Premises for the benefit of the Business either by the Insured or by the others on the Insured's behalf, the money paid or payable in respect of such sales or services shall be brought into account in arriving at the Turnover during the Indemnity Period.

TURNOVER/OUTPUT ALTERNATIVE

At the option of the Insured the term 'Output' may be substituted for the term 'Turnover' and, for the purpose of this Policy, 'Output' shall mean the sale and/or invoice value of goods manufactured and/or processed by the Insured in course of the Business at the Premises. Provided that only one such meaning shall be operative in connection with any one event involving Damage.

If the meaning set out above be used, the memorandum 'Turnover Elsewhere After Damage' shall be altered to read as follows:

"if during the Indemnity Period goods shall be manufactured and/or processed other than at the Premises for the benefit of the Business either by the Insured or by others on the Insured's behalf the sale and/or invoice value of the goods so manufactured and/or processed shall be brought into account in arriving at the Output during the Indemnity Period".

UNDAMAGED GOOD CLAUSE

The Policy extends to include any loss incurred less the amount of any salvage monies obtained in respect of undamaged stock and/or materials in trade becoming unusable for any reason whatsoever resulting solely from an occurrence of loss or damage insured by this Policy.

UNINSURED STANDING CHARGES

If any standing charges of the business be not Insured by this policy (having been deducted in arriving at the gross profit as defined herein) the in computing the amount recoverable hereunder as increase in cost of working, that proportion only of any additional expenditure shall be brought into account which the gross profit bears to the sum of the gross profit and uninsured standing charges.

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Upward Adjustment Clause (10%)

In the event of the Gross Revenue earned during any annual period of insurance (or during the accounting period of 12 months more nearly concurrent with any period of insurance) as certified by the Insured’s Auditors being greater than Sum Insured thereon, the Insured will be held covered to the extent of 10% of the Sum Insured thereof and pro-rata additional premium not exceeding 10% of the premium paid on such Sum Insured for such period of Insurance will be charged in respect of the difference

VALUATION CLAUSE ‘A’

In the case of damage, each amount mentioned for the buildings, machinery and tools will be accepted by us to represent separately the actual value of the respective covered risks, immediately before the fire, as if, in accordance with article 275 of the commercial code, a valuation had taken place.

VEHICLE LOAD CLAUSE

In the event of the Insured’s Property being left loaded in vehicles or freight containers overnight while in, on or about the premises hereby insured the Insurer will indemnify the Insured for the loss of or damage to such Property caused by fire or any other peril insured hereby, providing always that the Insurer’s Liability shall not exceed the sum insured of such Property under the Policy.

VEHICLE/CONTAINER LOAD CLAUSE

In the event of any of the Insured’s vehicles/and/or containers being left loaded overnight whilst in and/or on the premises described in the specification hereto the Company will indemnify the Insured in respect of such load in the event of loss or damage by any of the perils insured against by this Policy.

WAIVER OF SUBROGATION

Subrogation right of the Insurers against Companies where the Insured have interest in or Companies having an interest in the Insured is hereby waived by the Insurers.

WAIVER OF SUBROGATION CLAUSE (FOR SUBSIDIARIES ONLY)

Any claimant under this policy shall at the request and at the expenses of the underwriters do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by underwriters for the purpose of endorsing any rights and remedies or of things shall be or become necessary or required before or after indemnification by the company. The rights of subrogation against associated, affiliated and/or individual connected therewith is hereby waived.

WAR AND TERRORISM EXCLUSION ENDORSEMENT NMA 2920

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss.

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For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.

If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured.

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

08/10/2001NMA2920

WAR AND CIVIL WAR EXCLUSION CLAUSE

This agreement does not cover any liability assumed by the Insured for loss or damage directly or indirectly occasioned by happening through or in consequence of war, invasion, acts of foreign enemies, hostilities or war-like operations (whether war be declared or not), civil war, mutiny, civil commotion assuming the proportions of or amounting to popular rising, military rising, insurrection, rebellion, revolusion, military or usurped power, martial law, confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any Government or public or local authotiy.

WARRANTY A (STORAGE OF HAZARDOUS GOODS) Warranted under penalty of nullity of this Policy that during its currency, storage in the premises of the following materials is permitted only up to the limit quantities stated below, namely :i) Paints (limit 600 liters)ii) Mineral oil or other liquid giving off flammable vapor with flash-point not less than 930

C (2000 F) (limit 400 liters)iii) Kerosene oil or other liquids giving off flammable vapor with flash-point not less than

380 C (1000 F) (limit 1.200 liters)iv) Petrol or other liquids giving off flammable vapor with flash-point below 380 C (1000 F)

(limit 30 liters) v) Matches (limit 30 kg or 4 cases or cartons whichever is higher) vi) Fire cracker (limit 30 kg or 4 cases or cartons whichever is higher) 

WARRANTY B (STORAGE OF HAZARDOUS GOODS) Warranted under penalty of nullity of this Policy that during its currency, storage in the premises of the following materials is permitted only up to the limit of quantities stated below, namely: i.) Paints (No limit)ii.) Mineral oil or other liquids giving off flammable vapor with flash-point not less than 930 C

(2000 F) (No limit)iii.) Kerosene oil or other liquids giving off flammable vapor with flash-point not less than 38 0

C (1000 F) (1.800 liters or 400 gallons)

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iv.) Benzene, petrol or other liquids giving off flammable vapor with flash-point below 380 C (1000 F) (900 liters or 200 gallons)

v.) Matches (30 kg or 4 cases or cartons whichever is higher)  WARRANTY C (STORAGE OF HAZARDOUS GOODS) Warranted under penalty of nullity of this Policy that during its currency, the storage of goods and the quantity of the goods stored in or upon the within mentioned premises are in compliance with the Regulations and Laws of the Republic of Indonesia.

 WORKMENS CLAUSE

Workmen are allowed in and about any of the described premises for the purpose or making new erections or alteration, repair, decoration, plant installation, general maintenance and the like without prejudice to the terms and conditions of the Policy.

Y2K ABSOLUTE EXCLUSION CLAUSE (Property and Business Interruption)

" We will not pay for loss or damage caused directly or indirectly by any failure, malfunction or inadequacy of computer operating systems or networks, computer hard and software, microprocessors, integrated circuits or any other computerized or electronic equipment or components arising out of Y2K events or other change of dates (e.g. Sept. 09th, 1999). However, resulting direct physical damage to insured property or business interruption damage following this direct physical damage, will be insured if not otherwise excluded by this policy."

Y2K PARTIAL EXCLUSION CLAUSE (Property and Business Interruption)

" We will not pay for loss or damage caused directly or indirectly by any failure, malfunction or inadequacy of computer operating systems or networks, computer hard and software, microprocessors, integrated circuits or any other computerized or electronic equipment or components arising out of Y2K events or other change of dates (e.g. Sept. 09th, 1999). However, resulting direct physical damage to insured property or business interruption damage following this direct physical damage, will be insured if not otherwise excluded by this policy."