[ii]
the difference between [a]
and [b]
the amount payable under any insurance effected by any other landlord former landlord tenant former tenant or any other insurance of this type
the amount payable by the Alternative Basis of Settlement under this Policy
if at the date of the occurrence the Assigned Premises is undergoing or awaiting refurbishment redevelopment renovation or demolition
but in no case under [i] or [ii] above shall the Company’s liability exceed the rateable portion of the Damage calculated according to the number of persons (whether or not insured) who have at any time held or who hold the reversion of the lease of the Assigned Premises
[d]
the Insured must take all reasonable steps including but not limited to making or joining in any necessary application to court to obtain release from its liabilities as former landlord or tenant of the Assigned Premises following disposal
For the purposes of this clause Assigned Premises shall mean any Buildings formerly owned by or leased by or leased to the Insured which has been assigned to a successor landlord or tenant prior to an occurrence which may form the subject of a claim for indemnity under [1] above
Seventy Two Hour Provision
Damage resulting from storm or flood occurring continuously or intermittently during any period of 72 hours shall be deemed to constitute one loss at each separate Premises for the purpose of the application of the Insured’s Contribution
Temporary Removal
This insurance extends to include any fixtures and fittings or other property within the definition of Buildings whilst temporarily at other premises for cleaning renovation or repair or other similar purposes and whilst in transit between the Buildings and such temporary locations by road rail or inland waterway but only to the extent that the property is not otherwise insured
Subrogation
Any claimant under this insurance shall at the request and at the expense of the Company take and permit to be taken all necessary steps in the name of the Insured for enforcing rights against any other party before or after any payment is made by the Company
The Company shall not enforce any rights against a tenant or lessee in respect of Damage to the part of the Buildings in the demise of that tenant or lessee or to common parts of the Building unless the Damage arises out of a criminal fraudulent or malicious act
26
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69