CERTIFICATE OF INSURANCE

So far as is in its power the Named Insured shall cause its employees and all other
persons interested in the Insured Event,
to comply with the foregoing;
No such examination under oath or examination of books or documents, nor any other
act of the Underwriters or their
representatives in connection with any investigation hereunder, shall be deemed a
waiver of any defence which the
Underwriters might otherwise have. All such examinations and acts shall be deemed
to have been made or done without
prejudice to the Underwriters� liability.
as soon as is practicable provide to the Underwriters or their representative a
signed and sworn proof of loss, in such form
as may be required by the Underwriters, to substantiate the occurrence, nature,
cause and amount of loss claimed under
this Insurance Contract.
2.1.9
allow the Underwriters the right, if they so wish, to:2.1.10
take such steps as they deem necessary to prevent, mitigate or minimise a loss;a.
take over and conduct the defence or settlement of claims made against the Named
Insured that may be covered by this
Insurance Contract;
b.
pursue all rights or remedies available to the Named Insured whether or not payment
has been made hereunder.c.
FRAUDULENT CLAIMS
If the Named Insured makes a fraudulent claim under this Insurance Contract,
Underwriters:
If Underwriters exercise their rights under clause 2.2 c. above Underwriters shall
not be liable to the Named Insured in respect of
a relevant event occurring after the time of the fraudulent act. A relevant event
is whatever gives rise to Underwriters� liability under
the Insurance Contract (such as the occurrence of a loss, the making of a claim, or
the notification of a potential claim) and
Underwriters need not return any of the Premium paid.
FRAUDULENT CLAIMS � GROUP INSURANCE
If this Insurance Contract provides cover for any person who is not a party to the
contract (�a covered person�), and a fraudulent claim
is made under the contract by or on behalf of a covered person, Underwriters may
exercise the rights set out in clause 2.2 a. to c.
above as if there were an individual insurance contract between Underwriters and
the covered person. However, the exercise of any
of those rights shall not affect the cover provided under the contract for any
other person.
2.2
are not liable to pay the claim; anda.
may recover from the Named Insured any sums paid by Underwriters to the Named
Insured in respect of the claim; andb.
may by notice to the Named Insured treat the Insurance Contract as having been
terminated with effect from the time of the
fraudulent act.
c.
observe and comply with the requirements of any law, ordinance, court or regulatory
body of whatever jurisdiction;3.1
make all necessary arrangements for the successful fulfilment of the Insured
Event(s) (which for the avoidance of doubt shall
include, but not be limited to, the provision of sufficient allowances for travel
time, set up and/or rehearsal time) in a prudent and timely
manner;
3.2
ensure that all necessary contractual arrangements have been made and confirmed in
writing with the Named Insured and that all
necessary authorisations (which for the avoidance of doubt shall include, but not
be limited to, the obtaining of licences, permits, visas,
copyright and patents) are obtained in a timely manner and valid for the period of
the Insured Event(s);
3.3
pay the premium due in accordance with the terms (including dates) set out in the
Schedule.3.4
MISREPRESENTATION OR NON-DISCLOSURE
In deciding to accept this Insurance Contract and in setting the terms and Premium,
Underwriters have relied on the information the
Named Insured has given to them. The Named Insured must take care when answering
any questions Underwriters ask whether
prior to inception, at renewal or when any change is made to the policy at the
Named Insured�s request by ensuring that all
information provided is accurate and complete.
If Underwriters establish that the Named Insured deliberately or recklessly
provided false or misleading information Underwriters
will treat this Insurance Contract as if it never existed and decline all claims.
If Underwriters establish that the Named Insured carelessly provided Underwriters
with false or misleading information it could
adversely affect this Insurance Contract and any claim. For example, Underwriters
may:
4.1
treat this Insurance Contract as if it had never existed and refuse to pay all
claims and return the Premium paid. Underwriters
GLIDEWEC190501C0007 6
Underwriters or the insurance broker or other intermediary who arranged this
Insurance Contract will write to you if Underwriters:
If the Named Insured becomes aware that information they have given Underwriters is
inaccurate, the Named Insured must inform
the insurance broker or other intermediary who arranged this Insurance Contract
without delay.
treat this Insurance Contract as if it had never existed and refuse to pay all
claims and return the Premium paid. Underwriters
will only do this if Underwriters provided the Named Insured with insurance cover
which Underwriters would not otherwise
have offered;
a.
amend the terms of this Insurance Contract. Underwriters may apply these amended
terms as if they were already in place if a
claim has been adversely impacted by the Named Insured�s carelessness;
b.
reduce the amount Underwriters pay on a claim in the proportion the Premium the
Named Insured has paid bears to the
premium Underwriters would have charged the Named Insured.
c.
intend to treat this Insurance Contract as if it never existed; ora.
need to amend the terms of this Insurance Contract.b.
GENERAL AVERAGE CLAUSE
The Named Insured shall maintain insurance adequate to cover the full value of a
total loss of Expenses, and Net Profit (where
covered), for each Insured Event, without any allowance for recoveries, savings or
waivers. Should the Named Insured fail to do so
then the Underwriters will not be liable for a greater proportion of any loss
covered hereunder than the Limit of Indemnity bears to
the full value of a total loss of Expenses and Net Profit (where covered) for the
relevant Insured Event(s).
4.2
DUTY TO TAKE AND MAINTAIN PRECAUTIONS
The Named Insured shall:
4.3
take all reasonable precautions to:4.3.1
prevent any loss or damage under this Insurance Contract, and shall use due
diligence and best efforts at all times to
prevent or minimize any loss covered hereunder;
4.3.1.1
maintain the Venue and any machinery, equipment and furnishings used in a good
state of repair;4.3.1.2
comply with all relevant statutory requirements, manufacturers� recommendations and
other regulations relating to the use,
inspection and safety of property and the safety of persons;
4.3.2
do all things reasonably practical to avoid or diminish a loss.4.3.3
SUBROGATION
Underwriters reserve the right to pursue action for recovery from any party,
whether before or after payment of a loss, at their sole
discretion and in the name of the Named Insured or otherwise. In the event of any
payment under this Insurance Contract,
Underwriters shall be subrogated to the extent of such payment to all rights of
recovery; and the Named Insured shall execute all
papers required and shall do everything that may be necessary to secure such
rights.
4.4
UNDERWRITERS� OPTION TO SALVAGE
In the event of loss or damage to property covered under this Insurance Contract
Underwriters shall have the option to take all or
any part of said property at the agreed or appraised value, in which case the Named
Insured shall take all steps necessary to
transfer title to, and perfect title in, Underwriters upon payment to the Named
Insured.
4.5
OTHER INSURANCE
No other Insurance Contract shall be effected by the Named Insured to protect the
interest insured hereunder without the prior
written approval of the Underwriters. In the event that such other Insurance
Contract is effected, the Underwriters reserve the right
to amend the terms and conditions of this Insurance Contract.
4.6
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
A person or company who is not a party to this Insurance Contract has no right
under the Contracts (Rights of Third Parties) Act 1999
to enforce any term of this Contract but this does not affect any right or remedy
of a third party which exists or is available apart from
that Act.
4.7
ABANDONMENT
There shall be no abandonment of property or goods to Underwriters.
4.8
NON-CANCELLATION BY UNDERWRITERS OR NAMED INSURED
This Insurance Contract cannot be cancelled by either Underwriters or the Named
Insured, except for non-payment of premium (or
terminated or avoided in accordance with Claims Condition 2.2 or General Conditions
4.1 ). In the event of non-payment of premium,
Underwriters may cancel this Insurance Contract upon ten (10) business days�
written notice to the Named Insured by certified or
registered mail at the mailing address shown in the Schedule and this Insurance
Contract shall terminate at the date and hour
specified in such notice.
4.9
ASSIGNMENT
This Insurance Contract may not be assigned in whole or in part without the prior
written consent of Underwriters.
4.10
RECORDS
The Named Insured shall keep an accurate record containing all relevant information
and particulars of the Event to determine loss
or damage, or premium and adjustment, and will allow Underwriters or their
representative to inspect or audit such records. Unless
delayed by legal proceedings, Underwriters� right to audit such records shall be
limited to a term of two years after the date of loss.
4.11
INCREASE IN LIMIT OF INDEMNITY
Any time prior to the commencement of the Event, the Named Insured can apply in
writing for increased Limit of Indemnity based
upon a revised financial estimate, provided that there has been no claim, or any
circumstances which may give rise to a claim.
Underwriters may grant such increased Limit of Indemnity and make an adjustment to
the premium at any rate required to reflect
the change in exposure to Underwriters.
4.12
GLIDEWEC190501C0007 7
WHAT IS NOT COVERED
The following exclusions are applicable to all parts of this Cancellation Insurance
Cover.
This Insurance Contract does not cover any loss directly or indirectly caused by,
arising out of, contributed to by, or resulting from:
DUE OBSERVANCE
The Named Insured shall observe and fulfil the terms and conditions contained
herein or endorsed hereon.
4.13
NON-RECOVERABLE ITEMS
The Premium and any expense incurred in the formulation of a claim shall not be
recoverable items.
4.14
NON-APPEARANCE
Non-appearance of any person or group(s) of persons unless declared to and agreed
by the Underwriters and stated in the
Schedule.
5.1
LACK OF CARE DILIGENCE OR PRUDENT BEHAVIOUR
The Named Insured�s lack of care, diligence or prudent behaviour, the result of
which would increase the risk and/or likelihood of a
loss hereunder.
5.2
CONTRACTUAL DISPUTE
Any contractual dispute or breach by the Named Insured or any Participant.
5.3
ALTERATIONS OR VARIANCE OF INSURED EVENT
Alterations or variance of Insured Event(s) unless declared to and agreed by the
Underwriters by endorsement to this Insurance
Contract.
5.4
ADVERSE WEATHER
Adverse Weather in respect of any Insured Event(s) where any portion is in the open
or under canvas or in Temporary Structures
unless agreed by the Underwriters by endorsement to this Insurance Contract.
5.5
WORK OF BUILDERS OR CONTRACTORS
Any work being carried out by builders or other contractors which renders the Venue
or its facilities unusable in whole or in part,
unless such work is unknown to the Named Insured at the inception of this Insurance
Contract or at the time of making the booking
whichever is the later.
5.6
NON-DECLARED EXPENSES AND GROSS REVENUE
Expenses and Gross Revenue which have not been declared to and agreed by the
Underwriters.
5.7
REDUCTION IN ATTENDANCE
Any reduction in attendance that is not specifically attributable to the necessary
Abandonment, Cancellation, Curtailment,
Postponement or Relocation of the Insured Event(s).
5.8
NON-COMPLIANCE WITH LAW ETC. AND FAILURE TO MAKE NECESSARY ARRANGEMENTS
The Named Insured failing to:
5.9
observe and comply with the requirements of any law, ordinance, court or regulatory
body of whatever jurisdiction;a.
make all necessary arrangements for the successful fulfilment of the Insured
Event(s) (which for the avoidance of doubt shall
include, but not be limited to, the provision of sufficient allowances for travel
time, set up and/or rehearsal time) in a prudent and
timely manner;
b.
ensure that all necessary contractual arrangements with the Named Insured are made
and confirmed in writing with the Named
Insured and that all necessary authorisations, (which for the avoidance of doubt
shall include, but not be limited to, the obtaining
of licences, permits, visas, copyright and patents) be obtained in a timely manner
and valid for the period of the Insured
Event(s).
c.
FRAUD MISREPRESENTATION CONCEALMENT
Any fraud, misrepresentation or concealment by the Named Insured.
5.10
WAR
Actual or threatened war, invasion, act of foreign enemies, hostilities (whether
war be declared or not), civil war, rebellion, revolution,
insurrection, military or usurped power; or
Civil commotion assuming the proportions of or amounting to a popular uprising,
riot, martial law or the act of any lawfully constituted
authority in the furtherance of maintaining public order.
5.11
SEIZURE OR DESTRUCTION
Seizure or destruction under quarantine or customs regulations, confiscation,
nationalisation or requisition or destruction of or damage
to property, by or under the order of any government or public or local authority,
or the handling of contraband or the engaging in illicit
trade or transportation.
5.12
ORDER FOR REPATRIATION ETC.
Any order for repatriation, internment, imprisonment, deportation or the refusal of
permit to enter any country where the Insured
Event(s) is to be held.
5.13
GLIDEWEC190501C0007 8
DEFINITIONS AND INTERPRETATIONS
Headings and notes are for information purposes only and are not to be construed as
part of this Insurance Contract.
Various words and phrases are used in this Insurance Contract and wherever they
appear in bold with their first letter in capitals, whether they
are used in the plural or singular form, they are deemed to have the meaning set
out below:
RADIOACTIVE AND NUCLEAR
Loss, liability, cost or expense regardless of any other cause contributing
concurrently or on any sequence, originating from, caused
by, arising out of, contributed by, resulting from, or otherwise in connection
with:
5.14
ionising radiations or contamination by radioactivity from any nuclear fuel or from
any nuclear waste from the combustion of
nuclear fuel
a.
the radioactive, toxic, explosive or other hazardous properties of any explosive
nuclear assembly or nuclear component thereofb.
nuclear reaction, nuclear radiation or radioactive contamination.c.
BIOLOGICAL OR CHEMICAL MATERIALS
Loss, liability, cost or expense regardless of any other cause contributing
concurrently or on any sequence, originating from, caused
by, arising out of, contributed by, resulting from, or otherwise 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.
5.15
SEEPAGE POLLUTION CONTAMINATION
Seepage and/or pollution and/or contamination unless it is caused by a sudden and
identifiable incident which takes place in its
entirety at a specific time and place and is discovered during the Period of
Insurance and is a direct cause of a loss covered
hereunder.
5.16
FINANCIAL CLAUSES5.17
withdrawal, insufficiency or lack of finance howsoever causeda.
the financial failure of any ventureb.
lack of or inadequate receipts, sales or profits of any venturec.
variations in the rate of exchange, rate of interest or stability of any currencyd.
financial default, insolvency, or failure to pay of any person, corporation or
entity (including Local or National Government Entity)e.
all 5.17 a. to e. above, whether a party to this Insurance Contract or otherwise.
lack of or inadequate response or inadequate financial or other support or
withdrawal of such support by any partyf.
lack of or inadequate attendance or insufficient interest prior to the date and
time scheduled for any Insured Event.g.
COMMUNICABLE DISEASE
Any Communicable Disease or threat or fear of Communicable Disease (whether actual
or perceived) which leads to:
Any loss directly or indirectly caused by, resulting from or in connection with any
action taken in controlling, preventing, suppressing or
in any way relating to a Communicable Disease is also excluded.
5.18
the imposition of quarantine or restriction in movement of people or animals by any
national or international body or agency; ora.
any travel advisory or warning being issued by a national or international body or
agency.a.
NATIONAL COURT OR RELIGIOUS MOURNING
National, court or religious mourning whether declared or not.
5.19
TERRORISM5.20
Any act of Terrorism and/or Threat of Terrorism (whether actual or perceived)
regardless of any other cause or event
contributing concurrently or in any other sequence to the loss;
5.20.1
Any loss resulting from or in connection with any action taken in controlling,
preventing, suppressing or in any way relating to
any act of Terrorism or fear thereof.
5.20.2
OTHER INSURANCE
Any happening which is insured by or would, but for the existence of this Insurance
Contract, be insured by any other insurance(s)
except for any excess beyond the amount which would have been payable under such
other insurance(s) had this Insurance Contract
not been effected.
5.21
INDUSTRIAL ACTION
Industrial action or labour disputes whether actual or threatened unless Period of
Insurance predates the commencement of the
Insured Event by at least 90 days.
5.22
TELEVISION TRANSMISSION
The failure of any Television Transmission in connection with the Insured Event
unless agreed to by Underwriters by endorsement
to this Insurance Contract.
5.23
ABANDONMENT
Means the inability to complete the Insured Event(s) once commenced.
6.1
APPLICATION6.2
GLIDEWEC190501C0007 9
Means any application form, and any supporting documents attached to it, signed by
the Named Insured or submitted electronically.
The information contained in the Application has been relied upon by Underwriters
in issuing this Insurance Contract.
CANCELLATION
Means the inability to proceed with the Insured Event(s) prior to commencement.
6.3
COMMON CARRIER
Means any land, air or water conveyance operating under a valid license providing
for the transportation of passengers for hire.
6.4
COMMUNICABLE DISEASE
Means a disease the causative agents of which may pass or be carried from one
person or animal to another person or animal directly
or indirectly.
6.5
CURTAILMENT
Means the unavoidable partial closure of the Insured Event(s).
6.6
DEDUCTIBLE
Means the amount where added by endorsement and which shall be deducted from the
final adjusted loss before Underwriters�
liability is determined.
6.7
EVENT(S), INSURED EVENT(S)
Means any Event which is insured under this Insurance Contract and referred to in
the Schedule, and includes installation and
dismantling of the Event(s) up to and including the date that the Named Insured
vacates the Venue as shown in the Schedule.
6.8
EXPENSES
Means the total of all costs and charges which would have been incurred by the
Named Insured in organising, running and providing
services for the Insured Event(s) had a loss not occurred, as specified in the
Schedule.
6.9
GROSS REVENUE
Means all monies which would have been paid or payable to the Named Insured from
every source arising out of the Insured
Event(s) had a loss not occurred, as specified in the Schedule.
6.10
INSURED PERSON
Means any insured person as specified in the Schedule.
6.11
LIMIT OF INDEMNITY
Means the limits shown for each Insured Event and in the aggregate across all
Events, applicable to each part of this Insurance
Contract as set out in the Schedule.
6.12
NAMED INSURED
Means the association, exposition management company, or other entity named in the
Schedule which is sponsoring or managing the
Event and is solely entitled to payment in the event of a loss.
6.13
NET PROFIT
Means the amount by which Gross Revenue exceeds Expenses.
6.14
PARTICIPANT(S)
Means any party who performs or would perform any essential function needed for the
successful fulfillment of the Event(s) including
the Event(s) organiser, sponsors or financial supporters.
6.15
PERIOD OF INSURANCE
Means the period specified in the Schedule.
6.16
POSTPONEMENT
Means the unavoidable rescheduling of the Insured Event(s) to another time.
6.17
PRELIMINARY ARRANGEMENTS
Means such arrangements as a reasonable organizer would have made bearing in mind
the Event Venue size and type of Event(s),
the likely number of anticipated attendees and the period of time before the
opening of the Event.
6.18
RELOCATION
Means the unavoidable removal of the Insured Event(s) to another location.
6.19
TEMPORARY STRUCTURE
Means any structure that can be readily and completely dismantled and removed from
the Venue between periods of actual use.
6.20
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 organisation(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.
6.21
THREAT OF TERRORISM
Means a threat confirmed by local or national government authorities or security
services as having posed, or in their judgment appear
6.22
GLIDEWEC190501C0007 10
ENDORSEMENTS
Any endorsements to the Insurance Contract are set out below and are subject to the
terms, conditions, warranties, deductibles and/or
exclusions in the Insurance Contract save where expressly provided for herein.
Adverse Weather � Cancellation Insurance
W/R/B # 005 Adverse Weather � Cancellation Insurance
Notwithstanding any provision to the contrary within this Insurance Contract or any
endorsement thereto, this Insurance Contract is extended,
for the Insured Event to cover the perils of Adverse Weather.
Where used in this endorsement these terms will have the following meanings:
ADVERSE WEATHER
Means extreme weather conditions which:
occur on the day(s) of the Event and which are deemed by the organiser of the
Insured Event on the date of the Event to pose a serious
threat to the safety of those attending the Event;
and/or
occur after the Insurance Effective Date and which result in conditions which the
local authority responsible consider to pose a serious
threat to the safety of those attending the Event;
and/or
occur after the Insurance Effective Date and which prevent the Named Insured or the
organiser of the Event from undertaking the
necessary set up to enable the Event to proceed due to concern for the safety of
those responsible for the necessary set up, and/or reason
of physical impossibility.
and/or
occur on the day(s) of the Event and where the Event is conducted under defined
sporting rules or laws and in the opinion of an
independent umpire/referee or match official(s) the Event cannot proceed as
required under the defined sporting rules or laws.

INSURANCE EFFECTIVE DATE

Means the Opening Date of an Insured Event as specified in the Schedule.
All other terms and conditions and exclusions in the Insurance Contract this
endorsement attaches to remain unchanged.
Temporary Structures Extension
W/R/B # 007 Temporary Structures Extension
Notwithstanding any provision to the contrary within this Insurance Contract or any
endorsement thereto, this Insurance Contract is extended
to cover Insured Event(s) in the open or under canvas or in a temporary structure.
Cover under this extension must have been agreed by
the Underwriters in writing and included in the Schedule.
All other terms and conditions and exclusions in the Insurance Contract this
endorsement attaches to remain unchanged.
SANCTIONS
There shall be no benefit under this Insurance Contract to the extent of providing
cover, payment of any claim or the provision of any benefit
where doing so would breach any sanction, prohibition or restriction imposed by law
or regulation.
to have posed, a real risk of bodily injury or death to those attending the Event
or physical damage to any property, whether or not
such a threat subsequently proves to have been a hoax.
TERRITORIAL LIMITS
Unless stated otherwise, Territorial Limits means worldwide coverage, provided that
suit, if any, is brought within the United States of
America.
6.23
UNDERWRITERS
Means W. R. Berkley UK Limited, an appointed representative of W. R. Berkley
Syndicate Management Limited.
6.24
VENUE
Means the location where the Event(s) take place.
6.25
GLIDEWEC190501C0007 11
SEVERAL LIABILITY NOTICE
The subscribing insurers' obligations under insurances to which they subscribe are
several and not joint and are limited solely to the extent of
their individual subscriptions. The subscribing insurers are not responsible for
the subscription of any co-subscribing Insurer who for any
reason whatsoever does not satisfy all or part of its obligations.
CHOICE OF LAW & JURISDICTION
Unless the Named Insured requested and the Underwriters agreed otherwise in writing
this Contract of Insurance is mutually agreed to be
governed and construed in accordance with the laws of England and Wales whose
courts shall have exclusive jurisdiction.
GLIDEWEC190501C0007 12
Tx4 Payable for All Events
Tx3 Payable for All Events
Total Premium for All Events