Factores de riesgo

“Equipment” means any device, equipment, machine, medium, system (whether computer or otherwise and including any embedded system), hardware, firmware, software, or any part or component of any of the foregoing (including any circuit, processor, or chip).

“Year 2000 Conformity”

means that the:

(a) performance; (b) operation; or (c) functionality;

(including but not limited to the ability to create, recognise, process, calculate, manipulate, retain, deal with, or store data) is not in any way adversely affected or prejudiced by the manner in which any date or any year:

(d) before; (e) during; or (f) after;

the year 2000 is described, interpreted, or recognised (including but

not limited to the recognition of any date as its true calendar date or

any period of time as its true period of time).

“Shortage in Turnover” and “Additional Working Costs”

have the same meanings as in Section 2.

Exclusions

(a) We will not pay for any claim under Section 4 directly or indirectly arising from

or in any way connected with the failure or inability of any equipment to meet Year 2000 Conformity.

(b) (i) We will not pay for any claim under Sections 1 or 2 directly or indirectly

arising from or in any way connected with the failure or inability of any equipment to meet Year 2000 Conformity.

(ii) Notwithstanding the provisions of paragraph (b)(i), we will pay for a claim

for:

(A) subsequent loss, destruction, or damage under Section 1; and (B) Shortage in Turnover or Additional Working Costs under Section 2;

not otherwise excluded, caused by:

(I) fire; (II) explosion;

(III) escape of liquids resulting from bursting, leaking, discharging,

or overflowing of pipes, tanks, fixed room heating, or water apparatus; or

(IV) impact by vehicle, aircraft, or watercraft;

but we will not pay for such Shortage in Turnover or Additional Working

Costs where it results from any continuing failure or inability of any

equipment to meet Year 2000 Conformity after the lost, destroyed or damaged Property is repaired or replaced.

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SECTION 6 – GENERAL EXCLUSIONS (continued)

Excluded Circumstances

(2) Warlike Activities or Nuclear Material

We will not pay for loss, destruction, damage, or the incurring of a liability directly or

indirectly caused by, or contributed to, or in consequence of:

(a) war, invasion, acts of foreign enemy, hostilities (whether war be declared or

not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalisation, requisition, or destruction of, or damage to property by or under the order of any government, public, or local authority or looting, sacking, or pillage following any of the above;

(b) nuclear weapons material; or

(c) ionising radiations, contamination, radioactivity from any nuclear fuel or nuclear

waste, or from the combustion of nuclear fuel, or from any self-sustaining process of nuclear fission.

(3) Consequential Loss

We will not pay for any loss, destruction, damage, or liability directly or indirectly

caused by or contributed to by consequential loss of any description to the Business.

(4) Fraudulent Claims

We will not pay if you, or anyone acting on your behalf or with your knowledge or

connivance, should make a claim knowing or reasonably suspecting the same to be false or fraudulent. Making a fraudulent claim is a criminal offence. We may report to the

police any person who lodges a fraudulent claim.

(5) Intentional Act We will not pay a claim if you or someone else with your knowledge deliberately

caused any part of the loss, destruction, damage, or liability.

(6) Terrorism We will not pay for loss, destruction, damage, cost, expense or the incurring of a

liability directly or indirectly caused by, or contributed to by, resulting from, or arising out of or in connection with any act of terrorism, as defined herein, regardless of any other cause or event contributing concurrently or in any other sequence to the loss. An act of terrorism includes any act, or preparation in respect of action, or threat of action designed to influence the government de jure or de facto of any nation or any political division thereof, or in pursuit of political, religious, ideological, or similar purposes to intimidate the public or a section of the public of any nation by any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or government(s) de jure or de facto, and which:

(a) involves violence against one or more persons; or (b) involves damage to property; or

(c) endangers life other than that of the person committing the action; or (d) creates a risk to health or safety of the public or a section of the public; or (e) is designed to interfere with or disrupt an electronic system.

We will also not pay for loss, destruction, damage, cost, expense or the incurring of a

liability directly or indirectly caused by, contributed to by, resulting from, or arising out of or in connection with any action in controlling, preventing, suppressing, retaliating against, or responding to any act of terrorism.

Provided that in accordance with the Terrorism Insurance Act 2003, the above exclusion will not apply in respect to an act deemed by the Federal Treasurer to be a “declared terrorist incident”.

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