Y2K Exclusion
1: Neither this Policy, nor any indemnity nor cover provided under it shall apply to or cover any loss or damage (including consequential loss or damage), legal liability, claim, cost, or expense, whether preventative, remedial or otherwise, nor shall there be any liability whatsoever on the part of the Company / Corporation in respect of any claim of whatsoever nature or kind on foot of the Policy, directly or indirectly caused by (whether proximately or otherwise) or consisting of, or connected with or arising from:
| (a) the actual or alleged failure, malfunction, inability or inadequacy of any of the following (whether the property of the Insured or not or whether under the control of or operated or used by or on behalf of the Insured or not and whether occurring before during or after the Year 2000): | |||
| (i) any computer, computerised system, computer network, electronic equipment; | |||
| (ii) any microchip, micro processor, integrated circuit or similar device, whether or not embedded in or forming part of a computer or any other thing, device, installation or system of any kind whatsoever; | |||
| (iii) any computer software (including but not restricted to application software and system software); | |||
| (iv) any other equipment, media, or system for processing, storing or retrieving data; | |||
| (v) any code or component of any of the foregoing; | |||
| (vi) any other product, equipment, service, installation, data or function that directly or indirectly use or rely upon or are connected with in any manner whatsoever any of the items listed in paragraphs (i) to (v) above of this endorsement, to do correctly or omit to do any of the following | |||
| (i) read, accept, interpret, process or recognise any date as its true calendar date | |||
| (ii) capture, save or retain or correctly to manipulate, interpret, calculate, compare, differentiate, sequence or process in any way whatsoever any data or information or command or instruction (whether directly or indirectly) as a result of or associated or connected in any way with, treating any date otherwise than its true calendar date; | |||
| (iii) capture, save, retain, manipulate, interpret, calculate, compare, differentiate, sequence or process in any way whatsoever any data or information (whether directly or indirectly) as a result of or connected in any way with the use or operation of any command or instruction which has been programmed, integrated or incorporated into any computer software or data being the command or instruction which causes or contributes to (whether proximately or otherwise) the loss or corruption of data or information or of any command or instruction or the inability or failure to correctly capture, save, retain, manipulate, interpret, calculate, compare, differentiate, sequence or process such data on of after any date. | |||
| (b) Any advice, assessment, inspection testing, audit, evaluation, correction, conversion, design, redesign, renovation, repair, maintenance, rewriting, rectification or replacement of or any failure to advise, assess, test, audit, evaluate, correct, convert, design, redesign, renovate, repair, rewrite, rectify or replace any of the equipment or software listed at paragraph 1(a) of this endorsement in respect of any of the problems mentioned in the said paragraph 1(a), whether provided, performed, carried out or done by you, for you, or at your order or request or otherwise. | |||
2: This endorsement applies irrespective of whether any of the matters specified in paragraph 1 hereof occur prior or subsequent to or contemporaneously or in association or concurrently with any other cause or event or occurrence whatsoever or howsoever arising and irrespective of whether or not the claim under the Policy is based primarily or proximately on such other cause, event or occurrence.
3: This endorsement applies irrespective of the cause or reason for the failure, malfunction, inability or inadequacy and irrespective of whether or not any attempt was made to carry out repairs or modifications to avoid or mitigate the effects of the same.
4: This endorsement is incorporated into and forms an integral part of any and every policy or cover issued or entered into or renewed by the Company/Corporation irrespective of the precise cover provided by any such Policy and all references to "Policy" in this endorsement shall be construed accordingly.
5: The Other terms of each Policy into which this endorsement is incorporated shall be read subject to this endorsement and any conflict between those other terms and the contents of this endorsement. This paragraph of the endorsement shall not however prejudice the operation of or affect in any way, the following paragraph hereof.
6: This endorsement does not amount to an express or implied admission or acceptance that apart from this endorsement the Policy would otherwise provide cover or impose a liability on the Company/Corporation in respect of any of the matters specified in paragraph 1 hereof and the Policy cover or liability imposed pursuant to the policy shall not be augmented or increased in any way whatsoever by the terms of this endorsement.
7: The incorporation or inclusion of this endorsement to the Policy shall not affect the Company's or Corporation's right to contend that quite independently of this endorsement, the Policy provides no indemnity or cover and has no application or imposes no liability on the Company or Corporation in respect of any of the matters specified in paragraph 1 hereof and the inclusion or incorporation of this endorsement in the Policy shall not constitute any express or implied admission to the contrary.
Note : This endorsement does not apply to any employers liability cover provided by this Policy in respect of the Business carried out in the United Kingdom and/or Northern Ireland.
Top
