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Шпора: ITC Clause

            Institute Time Clauses Hulls 1/11/95 Cl. 280 (ITC)            
                 (FOR USE ONLY WITH THE CURRENT MAR POLICY FORM)                 
              This insurance is subject to English law and practice              
     1. Navigation
1.1. The Vessel is covered subject to the provisions of this insurance at all
times and has leave to sail or navigate with or without pilots, to go on
trial trips and to assist and tow vessels or craft in distress, but it is
warranted that the Vessel shall not be towed, except as is customary or to
the first safe port or place when in need of assistance, or undertake towage
or salvage services under a contract previously arranged by the Assured and
/or Owners and/or Managers and/or Charterers. This Clause 1.1. shall not
exclude customary towage in connection with loading and discharging.
1.2. This insurance shall not be prejudiced by reason of the Assured entering
into any contract with pilots or for customary towage which limits or exempts
the liability of the pilots and/or tugs and/or towboats and/or their owners
when the Assured or their agents accept or are compelled to accept such
contracts in accordance with established local law or practice.
1.3. The practice of engaging helicopters for the transportation of
personnel, supplies and equipment to and/or from the Vessel shall not
prejudice this insurance.
1.4. In the event of the Vessel being employed in the trading operations
which entail cargo loading or discharging at sea from or onto another vessel
(not being a harbour or inshore craft) no claim shall be recoverable under
this insurance for loss of or damage to the Vessel or liability to any other
vessel arising from such loading or discharging operations, including whilst
approaching, lying alongside and leaving, unless previously notice that the
Vessel is to be employed in such operations has been given to the
Underwriters and any amended terms of cover and any additional premium
required by them have been agreed.
1.5. In the event of the Vessel sailing (with or without cargo) with the
intention of being (a) broken up, or (b) sold for breaking up, any claim for
loss of or damage to the Vessel occurring subsequent to such sailing shall be
limited to the market value of the Vessel as scrap at the time when the loss
or damage is sustained, unless previous notice has been given to the
Underwriters and any amendments to the terms of cover, insured value and
premium required by them have been agreed. Nothing in this Clause 1.5. shall
affect claims under Clauses 8 and/or 10.
     2. Continuation.
Should the Vessel at the expiration of this insurance be at sea and in
distress or missing, she shall, provided notice be given to the Underwriters
prior to the expiration of this insurance, be held covered until arrival at
the next port in good safety, or if in port and in distress until the Vessel
is made safe, at a pro rata monthly premium.
     3. Breach of Warranty.
Held covered in case of any breach of warranty as to cargo, trade, locality,
towage, salvage services or date of sailing, provided notice be given to the
Underwriters immediately after receipt of advices and any amended terms of
cover and any additional premium required by them be agreed.
     4. Classification.
4.1. It is the duty of the Assured, Owners and Managers at the inception of
and throughout the period of this insurance to ensure that
4.1.1. the Vessel is classed with a Classification Society agreed by the
underwriters and that her class within that Society is maintained,
4.1.2. and recommendations requirements or restrictions imposed by the
Vessel’s Classification Society which relate to the Vessel’s seaworthiness or
to her maintenance in a seaworthy condition are complied with by the dates
required by that Society.
4.2. In the event of any breach of duties set out in Clause 4.1. above,
unless the Underwriters agree to the contrary in writing, they will be
discharged from their liability under this insurance as from the date of the
breach provided that if the Vessel is at sea at such date the Underwriters’
discharge from liability is deferred until arrival at her next port.
4.3. Any incident condition or damage in respect of which the Vessel’s
Classification Society might make recommendations as to repairs or other
action to be taken  by the Assured, Owners or Managers must be promptly
reported to the Classification Society.
4.4. Should the Underwriters wish to approach the Classification Society
directly for information and/or documents., the Assured will provide the
necessary authorisation.
     5. Termination.
     This Clause 5 shall prevail notwithstanding any provisions whether written
typed or printed in this insurance inconsistent therewith.
Unless the Underwriters agree to the contrary in writing, this insurance
shall terminate automatically at the time of
5.1. change of the Classification Society of the Vessel, or change,
suspension, discontinuance, withdrawal or expiry of her Class therein, or any
of the Classification Society’s periodic surveys becoming overdue unless an
extension of time for such survey be agreed by the Classification Society,
provided that if the Vessel is at sea such automatic termination shall be
deferred until arrival at her next port. However where such change,
suspension, discontinuance or withdrawal of her Class or where a periodic
survey becoming overdue has resulted from loss or damage covered by Clause 6
of this insurance or which would be covered b an insurance of the Vessel
subject to current Institute War and Strikes Clauses Hulls - Time such
automatic termination shall only operate should the Vessel sail from her next
port without the prior approval of the Classification Society or in the case
of a periodic survey becoming overdue without the Classification Society
having agreed an extension of time for such survey.
5.2. any change, voluntary or otherwise, in the ownership or flag, transfer
to new management, or charter on a bareboat basis, or requisition for title
or use of the Vessel, provided that, if the Vessel has cargo on board and has
already sailed from her loading port or is at sea in ballast, such automatic
termination shall if required be deferred, whilst the Vessel continues her
planned voyage, until arrival at final port of discharge if with cargo or at
port of destination if in ballast. However, in the event of requisition for
title or use without the prior execution of a written agreement by the
Assured, such automatic termination shall occur fifteen days after such
requisition whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made provided that a total
loss of the Vessel, whether by insured perils or otherwise, has not occurred
during the period covered by this insurance or any extension thereof.
     6. Perils.
6.1. This insurance covers loss of or damage to the subject-matter insured
caused by
6.1.1. perils of the sea rivers lakes or other navigable waters
6.1.2. fire, explosion
6.1.3. violent theft by persons from outside the Vessel
6.1.4. jettison
6.1.5. piracy
6.1.6. contact with land conveyance, dock or harbour equipment or installation
6.1.7. earthquake volcanic eruption or lightning
6.1.8. accident in loading discharging or shifting cargo or fuel
6.2. This insurance covers loss of or damage to the subject-matter insured
caused by
6.2.1. bursting of boilers breakage of shafts or any latent defect in the
machinery or hull
6.2.2. negligence of Master Crew or Pilots
6.2.3. negligence of repairers or charterers provided such repairers or
charterers are not an Assured hereunder
6.2.4. barratry of Master Officers or Crew
6.2.5. contact with aircraft, helicopters or similar objects, or objects
falling therefrom
provided that such loss or damage has not resulted from want of due diligence
by the Assured, Owners, Managers or Superintendents or any of their onshore
management.
6.3. Master Officers Crew or Pilots not to be considered Owners within the
meaning of this Clause 6 should they hold shares in the Vessel.
     7. Pollution Hazard.
This insurance covers loss of or damage to the Vessel caused by any
governmental authority acting under the powers vested in it to prevent or
mitigate a pollution hazard or damage to the environment, or threat thereof,
resulting directly from damage to the Vessel for which the Underwriters are
liable under this insurance, provided that such act of governmental authority
has not resulted from want of due diligence by the Assured, Owners or
Managers to prevent or mitigate such hazard or damage, or threat thereof.
Master Officers Crew or Pilots not to be considered Owners within the meaning
of this Clause 7 should they hold shares in the Vessel.
     8. 3/4th Collision Liability.
8.1. The Underwriters agree to indemnify the Assured for three-fourth of any
sum or sums paid by the Assured to any other person or persons by reason of
the Assured becoming legally liable by way of damages for
8.1.1. loss of or damage to any other vessel or property on any other vessel
8.1.2. delay to or loss of use of any such other vessel or property thereon
8.1.3. general average of, salvage of, or salvage under contract of, any such
other vessel or property thereon,
where such payment by the Assured is in consequence of the Vessel hereby
insured coming into collision with any other vessel.
8.2. The indemnity provided by this Clause 8 shall be in addition to the
indemnity provided by the other terms and conditions of this insurance and
shall be subject to the following provisions:
82.1. where the insured Vessel is in collision with another vessel and both
vessels are to blame, then unless the liability of one or both vessels
becomes limited by law, the indemnity under this Clause 8 shall be calculated
on the principle of cross-liabilities as if the respective Owners had been
compelled to pay to each other such proportions of each other’s damages as
may have been properly allowed in ascertaining the balance of sum payable by
or to the Assured in consequence of the collision,
8.2.2. in no case shall the Underwriters’ total liability under Clauses 8.1.
and 8.2. exceed their proportionate part of three-fourths of the insured
value of the Vessel hereby insured in respect of any one collision.
8.3. The Underwriters will also pay three-fourths of the legal costs incurred
by the Assured or which the Assured may be compelled to pay in contesting
liability or taking proceedings to limit liability, with the prior written
consent of the Underwriters.
Exclusions
8.4. Provided always that this Clause 8 shall in no case extend to any sum
which the Assured shall pay for or in respect of
8.4.1. removal or disposal of obstructions, wrecks, cargoes or any other
thing whatsoever;
8.4.2. any real or personal property or thing whatsoever except other vessels
or property on other vessels
8.4.3. the cargo or other property on, or the engagements of, the insured
Vessel;
8.4.4. loss of life, personal injury or illness;
8.4.5. pollution or contamination, or threat thereof, of any real or personal
property or thing whatsoever (except other vessels with which the insured
Vessel is in collision or property on such other vessels) or damage to the
environment, or threat thereof, save that this exclusion shall not extend to
any sum which the Assured shall pay for or in respect of any salvage
remuneration in which the skill and efforts of the salvors in preventing or
minimising damage to the environment as is referred to Article 13 paragraph 1
(b) of the International Convention on Salvage, 1989 have been taken into
account.
     9. Sistership
Should the Vessel hereby insured come into collision with or receive salvage
services from another vessel belonging wholly or in part to the same Owners
or under the same management, the Assured shall have the same rights under
this insurance as they would have were the other vessel entirely the property
of Owners not interested in the Vessel hereby insured; but in such cases the
liability for the collision or the amount payable for the services rendered
shall be referred to a sole arbitrator to be agreed upon between the
Underwriters and the Assured.
     10. General Average and Salvage
10.1. This insurance covers the Vessel’s proportion of salvage, salvage
charges and/or general average, reduced in respect of any under-insurance,
but in case of any general average sacrifice of the Vessel the Assured may
recover in respect of the whole loss without first enforcing their right of
contribution from other parties.
10.2. Adjustment to be according to the law and practice at the place where
adventure ends, as if the contract of affreightment contained no special
terms upon the subject; but where the contract of affreightment so provides
the adjustment shall be according to the York-Antwerp Rules.
10.3. When the Vessel sails in ballast, not under charter, the provisions of
the York-Antwerp Rules, 1994 (excluding Rules XI (d), XX and XXI) shall be
applicable, and the voyage for this purpose shall be deemed to continue from
the port or place of departure until the arrival of the Vessel at the first
port or place thereafter other than a port or place of refuge or a port or
place of call for bunkering only. If at any such intermediate port or place
there is an abandonment of the adventure originally contemplated the voyage
shall thereupon be deemed terminated.
10.4. No claim under this Clause 10 shall in any case be allowed where the
loss was not incurred to avoid or in connection with the avoidance of a peril
insured against.
10.5. No claim under this Clause 10 shall in any case be allowed for or in
respect of
10.5.1. special compensation payable to a salvor under Article 14 of the
International Convention on Salvage, 1989 or under any other provision in any
statute, rule, law or contract which is similar in substance;
10.5.2. expenses or liabilities incurred in respect of damage to environment,
or the threat such damage, or as a consequence of escape or release of
pollutant substances from the Vessel, or the threat of such escape or
release.
10.6. Clause 10.5. shall not however exclude any sum which the Assured shall
pay to salvors for or in respect of salvage remuneration in which the skill
and efforts of the salvors in preventing or minimising damage to the
environment as is referred to in Article 13 paragraph 1 (b) of the
International Convention on Salvage, 1989 have been taken into account.
     11. Duties of Assured (Sue & Labour)
11.1. In case of any loss or misfortune it is the duty of the Assured and
their servants and agents to take such measures as may be reasonable for the
purpose of averting or minimising a loss which would be recoverable under
this insurance.
11.2. Subject to the provisions below and to Clause 12 the Underwriters will
contribute to charges properly and reasonably incurred by the Assured their
servants or agents for such measures. General average, salvage charges
(except as provided for in Clause 11.5.), special compensation and expenses
as referred to in Clause 10.5. and collision defence and attack costs are not
recoverable under this Clause 11.
11.3. Measures taken by the Assured or the Underwriters with the object of
saving, protecting or recovering the subject-matter insured shall not be
considered as a waiver or acceptance of abandonment or otherwise prejudice
the rights of either party.
11.4. When expenses are incurred pursuant to this Clause 11 the liability
under this insurance shall not exceed the proportion of such expenses that
the amount insured hereunder bears to the value of the Vessel as stated
herein, or to the sound value of the Vessel at the time of the occurrence
giving rise to the expenditure if the sound value exceeds that value. Where
the Underwriters have admitted a claim for total loss and property insured by
this insurance is saved, the foregoing provisions shall not apply unless the
expenses of suing and labouring exceed the value of such property saved and
then shall apply only to the amount of the expenses which is in excess of
such value.
11.5. When a claim for total loss of the Vessel is admitted under this
insurance and expenses have been reasonably incurred in saving or attempting
to save the Vessel and other property and there are no proceeds, or the
expenses exceed the proceeds, then this insurance shall bear its pro rata
share of such proportion of the expenses, or of the expenses in the excess of
the proceeds. As the case may be, as may reasonably be regarded as having
been incurred in respect of the Vessel, excluding all special compensation
and expenses as referred to in Clause 10.5.; but if the Vessel be insured for
less than its sound value at the time of the occurrence giving rise to the
expenditure, the amount recoverable under this clause shall be reduced in the
proportion to the under-insurance.
11.6. The sum recoverable under this Clause 11 shall be in addition to the
loss otherwise recoverable under this insurance but shall in no circumstances
exceed the amount insured under this insurance in respect of the Vessel.
     12. Deductible
12.1. No claim arising from a peril insured against shall be payable under
this insurance unless the aggregate of all such claims arising out of each
separate accident or occurrence (including claims under Clause 8, 10 and 11)
exceeds the deductible amount agreed in which case this sum shall be
deducted.
Nevertheless the expense of sighting the bottom after stranding, if
reasonably incurred specially for that purpose, shall be paid even if no
damage be found. This Clause 12 shall not apply to a claim for total loss or
constructive loss of the Vessel or, in the event of such a claim, to any
associated claim under Clause 11 arising from the same accident or
occurrence.
12.2. Claims for damage by heavy weather occurring during a single sea
passage between two successive ports shall be treated as being due to one
accident. In the case of such heavy weather extending over a period not
wholly covered by this insurance the deductible to be applied to the claim
recoverable hereunder shall be the proportion of the above deductible that
the number of days of such heavy weather falling within the period of this
insurance bears to the number of days of heavy weather during the single sea
passage. The expression «heavy weather» in this Clause 12.2. shall be deemed
to include contact with floating ice.
12.3. Excluding any interest comprised therein, recoveries against any  claim
which is subject to the above deductible shall be credited to the
Underwriters in full to the extent of the sum by which the aggregate of the
claim unreduced by any recoveries exceeds the above deductible.
12.4. Interest comprised in recoveries shall be apportioned between the
Assured and the Underwriters, taking into account the sums paid by the
Underwriters and the dates when such payments were made, notwithstanding that
by the addition of interest the Underwriters may receive a larger sum than
they have paid.
     13. Notice of Claim and Tenders
13.1. In the event of accident whereby loss or damage may result in a claim
under this insurance, notice must be given to the Underwriters promptly after
the date on which the Assured, Owners or Managers become or should have
become aware of the loss or damage and prior to survey so that a surveyor may
be appointed if the Underwriters so desire.
If notice is not given to the Underwriters within twelve months of that date
unless the Underwriters agree to the contrary in writing, the Underwriters
will be automatically discharged from liability for any claim under this
insurance in respect of or arising out of such accident or the loss or
damage.
13.2. The Underwriters shall be entitled to decide the port to which the
Vessel shall proceed for docking or repair (the actual additional expense of
the voyage arising from compliance with the Underwriters’ requirements being
refunded to the assured) and shall have a right of veto concerning a place of
repair or a repairing firm.
13.3. The Underwriters may also take tenders or may require further tenders
to be taken for the repair of the Vessel. Where such a tender has been taken
and a tender is accepted with the approval of the Underwriters, an allowance
shall be made at the rate of 30% per annum on the insured value for the time
lost between despatch of the invitations to tender required by the
Underwriters and the acceptance of a tender to the extent that such time is
lost solely as a result of tenders having been taken and provided that the
tender is accepted without delay after receipt of the Underwriters’ approval.
Due credit shall be given against the allowance as above for any amounts
recovered in respect of fuel and store and wages and maintenance of the
Master Officers and Crew or any member thereof, including amounts allowed in
general average, and for any amounts recovered from third parties in respect
of damages for detention and/or loss of profit and/or running expenses, for
the period covered by the tender allowance or any part thereof.
Where a part of the cost of the repair of damage other than a fixed
deductible is not recoverable from the Underwriters the allowance shall be
reduced by a similar proportion.
13.4. In the event of failure by the Assured to comply with the conditions of
Clauses 13.2. and/or 13.3. a deduction of 15% shall be made from the amount
of the ascertained claim.
     14. New for Old
Claims payable without deduction new for old.
     15. Bottom Treatment
In no case shall a claim be allowed in respect of scraping gritblasting and
/or other surface preparation or painting of the Vessel’s bottom except that
15.1. gritblasting and/or other surface preparation of new bottom plates
ashore and supplying and applying any «shop» primer thereto,
15.2. gritblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any renewed or refitted
plating damaged during the course of welding and/or repairs,
areas of plating damaged during the course of fairing, either in place or
ashore,
15.3. supplying and applying the first coat of primer/anti-corrosive to those
particular areas mentioned in 15.1. and 15.2. above,
shall be allowed as part of the reasonable cost of repairs in respect of
bottom plating damaged by an insured peril.
     16. Wages and Maintenance
No claim shall be allowed, other than in general average, for wages and
maintenance of the Master Officers and Crew or any member thereof, except
when incurred solely for the necessary removal of the Vessel from one port to
another for the repair of damage covered by the Underwriters, or for trial
trips for such repairs, and then only for such wages and maintenance as are
incurred whilst the Vessel is under way.
     17. Agency Commission
In no case shall any sum be allowed under this insurance either by way of
remuneration of the Assured for time and trouble taken to obtain and supply
information or documents or in respect of the commission or charges of any
manager, agent, managing or agency company or the like, appointed by or on
behalf of the Assured to perform such services.
     18. Unrepaired Damage
18.1. The measure of indemnity in respect of claims for unrepaired damage
shall be reasonable depreciation in the market value of the Vessel at the
time this insurance terminates arising from such unrepaired damage, but not
exceeding the reasonable cost of repairs.
18.2. In no case shall the Underwriters be liable for the unrepaired damage
in the event of a subsequent total loss (whether or not covered under this
insurance) sustained during the period covered by this insurance or any
extension thereof.
18..3. The Underwriters shall not be liable in respect of the unrepaired
damage for more than the insured value at the time this insurance terminates.
     19. Constructive Total Loss
19.1. In ascertaining whether the vessel is a constructive total loss, the
insured value shall be taken as the repaired value and nothing in respect of
the damage or break-up value of the Vessel or wreck shall be taken into
account.
19.2. No claim for constructive total loss based upon the cost of recovery
and/or repair of the Vessel shall be recoverable hereunder unless such cost
would exceed the insured value. In making this determination, only the cost
relating to a single accident or sequence of damages arising from the same
accident shall be taken into account.
     20. Freight Waiver
In the event of total or constructive loss no claim to be made by the
Underwriters for freight whether notice of abandonment has been given or not.
     21. Assignment
No assignment of or interest in this insurance or in any moneys which may be
or become payable thereunder is to be binding on or recognised by the
Underwriters unless a dated notice of such assignment or interest signed by
the Assured, and by the assignor in the case of subsequent assignment, is
endorsed on the Policy and the Policy with such endorsement is produced
before payment of any claim or return of premium thereunder.
     22. Disbursements Warranty
22.1. Additional insurances as follows are permitted:
22.1.1. Disbursements, Managers’ Commissions, Profits or Excess or Increased
Value of Hull and Machinery. A sum not exceeding 25% of the value stated
herein.
22.1.2. Freight, Chartered Freight or Anticipated Freight, insured for time. 
A sum not exceeding 25 % of the value stated herein less any sum insured,
however described, under 22.1.1.
22.1.3. Freight or Hire, under contract for voyage. A sum not exceeding
the gross freight or hire for the current cargo passage and next succeeding
cargo passage (such insurance to include, if required, a preliminary and
intermediate ballast passage) plus the charges of insurance. In the case of a
voyage charter where payment is made on a time basis, the sum permitted for
insurance shall be calculated on the estimated duration of the voyage, subject
to the limitation of two cargo passages as laid down herein. Any sum insured
under 22.1.2. to be taken into account and only the excess thereof may be
insured, which excess shall be the gross amount so advanced or earned.
22.1.4. Anticipated Freight if the Vessel sails in ballast and not under
Charter. A sum not exceeding the anticipated gross freight on next cargo
passage, such sum to be reasonably estimated on the basis of the current rate
of freight at time of insurance plus the charges of insurance. Any sum insured
under 22.1.2. to be taken into account and only the excess thereof may be
insured.
22.1.5. Time Charter Hire or Charter Hire for Series of Voyages. A sum
not exceeding 50% of the gross hire which is to be earned under the charter not
exceeding 18 months. Any sum insured under 22.1.2. to be taken into account and
only the excess thereof may be insured, which excess shall be reduced as the
hire is advanced or earned under the charter by 50% of the gross amount so
advanced or earned but the sum insured need not be reduced while the total of
the sums insured under 22.1.2. and 22.1.5. does not exceed 50% of the gross
hire still to be earned under the charter. An insurance under this Section may
begin on the signing of the Charter.
22.1.6. Premiums. A sum not exceeding the actual premiums of all
interests insured for a period not exceeding 12 months (excluding premiums
insured under the foregoing sections, but including, if required, the premiums
or estimated calls on any Club or War etc. Risk insurance) reducing pro rata
monthly.
22.1.7. Returns of Premium. A sum not exceeding the actual returns which
are allowable under any insurance but which would not be recoverable thereunder
in the event of a total loss of the Vessel whether by insured perils or
otherwise.
22.1.8. Insurance irrespective of amount against:
Any risk excluded by Clauses 24, 25, 26 and 27 below.
22.2. Warranted that no insurance on any interests enumerated in the
foregoing 22.1.1. to 22.1.7. in the excess of the amounts permitted therein
and no other insurance which includes the total loss of the Vessel P.P.I.,
F.I.A. or subject to any other like term, is or shall be effected to operate
during the currency of this insurance by or for account of the Assured,
Owners, Managers or Mortgagees. Provided always that a breach of this
warranty shall not afford the Underwriters any defence to a claim by a
Mortgagee who has accepted this insurance without knowledge of such breach.
     23. Returns for Lay-up and Cancellation
23.1. To returns as follows:
23.1.1. pro rata net for each uncommenced month if this insurance be
cancelled by agreement,
23.1.2. for each period of 30 consecutive days the Vessel may be laid up in a
port or in a lay-up area provided such port or lay-up area is approved by the
Underwriters
(a) .............................................. per cent net not under repair
(b) ............................................. per cent net under repair.
23.1.3. The Vessel shall not be considered to be under repair when work is
undertaken in respect of ordinary wear and tear of the Vessel and/or
following recommendations in the Vessel’s Classification Society survey, but
any repairs following loss of or damage to the Vessel or involving structural
alterations, whether covered by this insurance or otherwise shall be
considered as under repair.
23.1.4. If the Vessel is under repair during part only of a period for which
a return is claimable, the return shall be calculated pro rata to the number
of days under 23.1.2. (a) and (b) respectively.
23.2. PROVIDED ALWAYS THAT
23.2.1. a total loss of the Vessel, whether by insured perils or otherwise,
has not occurred during the period covered by this insurance or any extent
thereof;
23.2.2. in no case shall a return be allowed when the Vessel is lying in
exposed or unprotected waters, or in a port or lay-up area not approved by
the Underwriters;
23.2.3. loading or discharging operations or the presence of cargo on board
shall not debar returns but no return shall be allowed for any period during
which the Vessel is being used for the storage of cargo or for lightering
purposes;
23.2.4. in the event of any amendment of the annual rate, the above rates of
returns shall be adjusted accordingly;
23.2.5. in the event of any return recoverable under this Clause 23 being
based on 30 consecutive days which fall on successive insurances effected for
the same Assured, this insurance shall only be liable for an amount
calculated at pro rata of the period rates 23.1.2. (a) and or (b) above for
the number of days which come within the period of this insurance and to
which a return is actually applicable. Such overlapping period shall run, at
the option of the Assured, either from the first day of a period of 30
consecutive days as provided under 23.1.2. (a) or (b) above.
     The following clauses shall be paramount and shall override anything
contained in this insurance inconsistent therewith.
     24. War Exclusion
In no case shall this insurance cover loss damage liability or expense caused by
24.1. war civil war revolution rebellion insurrection, or civil strife
arising therefrom, or any hostile act by or against a belligerent power
24.2 capture seizure arrest restrain or detainment (barratry and piracy
excepted), and the consequences thereof or any attempt thereat
24.3. derelict mines torpedoes bombs or other derelict weapons of war.
     25. Strikes Exclusion
In no case shall this insurance cover loss damage liability or expense caused by
25.1. strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
25.2. any terrorist or any person acting from a political motive
     26. Malicious Acts Exclusion
In no case shall this insurance cover loss damage liability or expense caused by
26.1 the detonation of an explosive
26.2. any weapon of war
and caused by any person acting maliciously or from a political motive.
     27. Radioactive Contamination Exclusion Clause
In no case shall this insurance cover loss damage liability or expense
directly or indirectly caused by or contributed to by or arising from
27.1. ionising radiations from or contamination by radioactivity from any
nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel
27.2. the radioactive, toxic, explosive or other hazardous or contaminating
properties of any nuclear installation, reactor or other nuclear assembly or
nuclear component thereof
27.3 any weapon of war employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force or matter.