Policy Exceptions


(ii) the operation of any command or logic which has been programmed or incorporated into anything referred to in (a) and (b) above.


However,


(a) We shall not exclude any claim for subsequent loss or destruction of or damage to any property or consequential loss which itself results from a Defined Contingency, but only to the extent that such claim would otherwise be insured by this policy


(b) Exceptions 4 (a) and (b) do not apply to the Terrorism Section, when insured by this policy.


Definition


The following definition only applies to this exception


‘Defined Contingency’


fire, lightning, explosion, aircraft and other aerial devices or articles dropped from them, riot, civil commotion, strikers, 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, or theft.


(5) any Damage whatsoever resulting directly or indirectly from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss


(a) Terrorism (b) Civil commotion in Northern Ireland


(c) any action taken in controlling, preventing, suppressing or in any way relating to (a) and/or (b) above.


Terrorism means


(i) in respect of Damage occurring in England Wales and Scotland only (but not the territorial seas adjacent thereto as defined by the Territorial


20


Sea Act 1987 nor the Isle of Man or the Channel Islands) acts of persons acting on behalf of or in connection with any organisation which carries out activities directed towards the overthrowing or influencing by force or violence of Her Majesty’s government in the United Kingdom or any other government de jure or de facto


(ii) in respect of Damage occurring in any territory not specified in (i) above any act or acts including but not limited to


n the use or threat of force and/or violence and/or


n harm or damage to life or to property {or the threat of such harm or damage) including but not limited to harm or damage by nuclear and/or chemical and/or biological and/or radiological means


caused or occasioned by any person(s) or group(s) of persons or so claimed in whole or in part for political, religious, ideological or similar purposes.


In any action, suit or other proceedings where We allege that any Damage results from Terrorism as defined above and is therefore not covered under this Policy the burden of proving that any such Damage is covered under this Policy will be upon You.


(6) Damage directly caused by pressure waves from aircraft or other aerial devices travelling at sonic or supersonic speeds.


(7) Damage caused by or contributed to or arising from


(a) disappearance (b) unexplained or inventory shortage.


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