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EFFICACY CLAUSE

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EFFICACY CLAUSE Powered By Docstoc
					CD201 - INEFFICACY - LIMIT OF LIABILITY CLAUSE

Notwithstanding anything contained herein to the contrary the liability of the Underwriters
under Subsection D3 of Section D for damages arising out the failure or inadequacy
(whether full or partial) of any Products Supplied to perform the function for which they
were intended shall not exceed in respect of any one occurrence or series of
occurrences consequent upon or attributable to one source or original cause and in the
aggregate in respect of any one Period of Insurance the sum of £………..

The Insured shall be responsible for the first (insert detail - usually 10%) percent of all
damages costs and expenses payable in respect of each and every claim made against
the Insured in respect of such failure or inadequacy (whether full or partial) of any
Products Supplied to perform the function for which they were intended subject to the
Insured being responsible for a minimum amount of £…………… and a maximum
amount of £ ………. in respect of each and every claim.




DRAFTING NOTES

1.     This clause is intended to be used on those cases where the trade usually
       carries an inefficacy exclusion, but after referral TMT have agreed to provide a
       limited amount of cover.

2.     The limit concerned and coinsurance elements should be agreed with TMT.

				
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Jun Wang Jun Wang Dr
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