Policy Conditions
(b) If the other insurance is subject to a condition of Average and this policy is not, this policy will become subject to the same condition of Average.
(c) If the Property Insured covered by the other insurance is subject to a provision excluding proportional payment in whole or in part, the payment We make will be limited to the proportion of loss, destruction or damage as the Sum Insured bears to the value of the property.
(6) Discharge of Liability We may at any time pay (a) the Limit of Indemnity or
(b) the Sum Insured or
(c) a smaller amount for which a claim can be settled
after deduction of any sum already paid.
We will not be liable for any further payment except for costs and expenses incurred prior to the payment of the claim or with Our consent.
(7) Fraud
We will at Our option avoid the policy from the inception of this insurance or from the date of the claim or alleged claim, or avoid the claim
(a) if a claim made by You or anyone acting on Your behalf to obtain a policy benefit is fraudulent or intentionally exaggerated, whether ultimately material or not
or
(b) a false declaration or statement is made or fraudulent device put forward in support of a claim.
(8) Identification
The policy and The Schedule will be read as one contract.
(9) Non Disclosure, Misrepresentation or Misdescription
The policy is voidable if there has been any misrepresentation, misdescription or failure to disclose any material fact by You or anyone acting for You.
(10) Option for Settlement We may at Our option
(a) repair, reinstate or replace any equipment damaged or
(b) pay the amount of the Damage. We will not indemnify You in respect of
(i) temporary repairs carried out without Our consent
(ii) the cost of any alterations, additions, improvements or overhauls carried out when any repair is undertaken.
(11) Our Rights
If Damage occurs which may lead to a claim We may
(a) enter the building or premises
(b) take possession of, or require to be delivered to Us, equipment which We will deal with in a reasonable manner
without incurring liability or reducing Our rights.
We will not indemnify You if You or anyone acting on Your behalf (i) do not comply with Our requirements (ii) hinder or obstruct Us.
(12) Reasonable Precautions
If in relation to any claim You have failed to fulfil any of the following conditions, You will lose Your right to indemnity or payment for that claim.
You must
(a) maintain The Premises, machinery, plant and equipment in a satisfactory state of repair.
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