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Appendix 4

PROJECT INSURANCES

1. The following insurances has been procured and maintained for the Project:

(a) Construction All Risks (CAR);

(b) Third Party Liability (TPL) - With Indemnity Limit of RM25 million any one
accident/event, unlimited during the period of insurance; and

(c) Workmen’s Compensation (WC),

(hereinafter collectively referred to as the “Project Insurances”).

The policies of the Project Insurances are as attached herein.

2. All deductibles referred to in the attached policies shall be for the account of and be paid
by the Subcontractor regardless of cause of such loss or damage or liability. Any losses
as a result of any breach of conditions and/or warranties applicable to the Project
Insurances shall also be for the account of the Subcontractor. The Subcontractor shall be
responsible for the deductible amount if the claim made on the Project Insurances in
respect of the Works that was caused or contributed, whether directly or indirectly, by the
Subcontractor and/or the Subcontractor’s servants, agents and/or independent
subcontractors.

3. In so far as the Subcontractor is dissatisfied with the terms and conditions of the Project
Insurances, the Subcontractor may effect at its own cost such additional insurance as it
may consider necessary.

4. The Subcontractor will comply and ensure that their subcontractors comply with the terms
and conditions of the Project Insurances and the procedures for claims notification and
administration thereunder and shall do nothing nor omit to do anything which might render
the Project Insurances voidable or cause the premiums for the Project Insurances to be
increased.

5. The Subcontractor shall ensure that all the foregoing insurances procured shall be
endorsed (to the extent permitted by law) to note the interest of the Main Contractor and
the Employer, and to indemnify the Main Contractor and the Employer and the Main
Contractor’s and Employer’s Representatives, delegates or assistants and their respective
employees and others acting on or their behalf fully without any right of subrogation
against them, in respect of claims that may be made against them arising out of or in the

A4 – 1
course of the design and execution of the Works or their duties in connection therewith or
incidental thereto. Any deficiencies in the coverage or policy limits of the Subcontractor’s
insurances shall be the sole responsibility of the Subcontractor.

6. All monies received from insurers pursuant to any claim shall be paid to the Subcontractor
by instalments on the on Interim Payment Certificates. The Subcontractor shall apply such
monies to make good the loss or damage suffered or reimburse the person who has made
good or pay any person make good the loss or damage.

7. Notwithstanding that employees of the Subcontractor shall be covered by the Workmen’s


Compensation insurance effected by the EPCC Contractor and/or Employer, the
Subcontractor shall register their respective employees and contribute under the Social
Security Scheme (SOCSO) (if so applicable) and comply with the provisions of the
Employee’s Social Security Act, 1969.

8. The Subcontractor shall not violate or knowingly permit any violation of any conditions or
terms of the policies of insurance described herein.

9. The Subcontractor shall furnish to the Main Contractor and the Employer such information
with respect to any insurances taken out by the Subcontractor pursuant to the Subcontract
(or as to any matter which may be relevant to such insurances) as the Main Contractor and
the Employer may from time to time reasonably request including, without limitation, a copy
of and access to the original of any policy effected pursuant to the Subcontract.

10. In the event of any claims that may arise pursuant to any policy procured either by
Employer, EPCC Contractor, Main Contractor or Subcontractor, the Subcontractor shall
provide relevant assistance at its own cost to pursue such claim under the policy provided
the claim arose out of the performance of the Works.

11. The coverage referred to above shall be set forth in full in the respective policy forms, and
the foregoing descriptions of such policies are not intended to be complete, nor to alter or
amend any provision of the actual policies. Neither the provision by the Employer, Main
Contractor or Subcontractor nor the content of any insurance policy or certificate, nor the
Main Contractor and Employer’s approval thereof, shall limit or relieve the Subcontractor of
any of its obligations under the Subcontract.

ATTACHMENTS:

i. Contractor’s All Risk Policy

ii. Workmen’s Compensation Policy

A4 – 2
MALAYSIA RAIL LINK SDN BHD

E-8-15 PLAZA MONT KIARA,


NO. 2 JALAN KIARA
MONT KIARA
50480 KUALA LUMPUR

CONTRACTOR'S
ALL RISKS
POLICY

Policy No. : W/17/EC00/036718/KUL-83


Account No. : W16640/KUL-5

PRIVACY POLICY
For information on our privacy policy, please visit our website www.lonpac.com/web/my/privacy_policy_my
Bagi maklumat mengenai polisi privasi kami, sila lawat laman web kami www.lonpac.com/web/my/privacy_policy_my

PRODUCT DISCLOSURE SHEET


For general information on our products, you can refer to the Product Disclosure Sheet at www.lonpac.com/web/my/product-disclosure-sheet
Bagi maklumat am mengenai produk kami, sila rujuk Lembaran Pendedahan Produk di www.lonpac.com/web/my/product-disclosure-sheet
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

Insured : Refer Below Replacing C/Note No : N/A

Address : E-8-15 PLAZA MONT KIARA


NO. 2 JALAN KIARA MONT KIARA Replacing Policy No : N/A
50480 KUALA LUMPUR Account No : W16640/KUL-5 L /

Insured (in full) : MALAYSIA RAIL LINK SDN BHD AS THE EMPLOYER, CHINA COMMUNICATIONS
CONSTRUCTION COMPANY LTD. AND/OR CHINA COMMUNICATIONS CONSTRUCTION
COMPANY (M) SDN BHD AS THE EPC CONTRACTOR, AND/OR ANY EMPLOYER
REPRESENTATIVES AND/OR ANY SUPERVISORS AND/OR ANY SUB-CONTRACTORS
AND/OR ANY SUPPLIERS AND/OR ANY CONSULTANTS TO THE EXTENT REQUIRED BY
THE CONTRACT BUT ONLY IN RESPECT OF THEIR MANUAL ON-SITE ACTIVITIES FTRR&I

Period Of Insurance : From 16-04-2017 To 30-06-2024


MAINTENANCE/DEFECTS-LIABILITY PERIOD : 01-07-2024 To 30-06-2026 ( both dates inclusive )
(Subject to the provisions concerning the Period of Cover)

Policy Premium : RM As agreed

Gross Premium : RM As agreed Goods and Services Tax : RM As agreed per law
Stamp Duty : RM As agreed per law

Policy Premium : RM As agreed Total Due : RM As agreed

TITLE OF CONTRACT :
EAST COAST RAIL LINK PROJECT, MALAYSIA

SITE OF CONSTRUCTION :
FROM WAKAF BHARU TO ITT GOMBAK FOR THE CONTRACTOR’S OTHER AREAS OF
WORK, SUCH AS OFFSITE STORAGE, CAMPS, YARDS, OFFICES

SECTION I : MATERIAL DAMAGE

INSURED ITEMS SUM INSURED (RM)

1 Total Contract Value } RM46,000,000,000.00

2 Materials or Items supplied by the } INCLUDED


Principal(s)

3 Construction Plant And Machinery NOT COVERED

4 Removal Of Debris REFER ENDORSEMENT

5 Professional Fees REFER ENDORSEMENT

6 Principal's Existing Property Or REFER ENDORSEMENT


Property Belonging To Or Held In Care,
Custody Or Control By The Insured

Page 1 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

Total Sum Insured Under Section I RM46,000,000,000.00

Limit of Indemnity under Section I in respect of each and every loss or damage and/or series of losses
arising out of any one event

RISK LIMITS OF INDEMNITY

Earthquake, volcanism, tsunami RM46,000,000,000.00

Storm, cyclone, flood, inundation,


landslide RM46,000,000,000.00

SECTION II : THIRD PARTY LIABILITY


Applicable only to the Period of Cover and not during the Maintenance/Defects-Liability
Period, as appearing above

INSURED ITEMS LIMITS OF INDEMNITY IN RESPECT OF


ANY ONE ACCIDENT OR SERIES OF
ACCIDENTS ARISING OUT OF ONE EVENT

Bodily injury or illness RM25,000,000.00


(whether fatal or not) Any one accident/event and
and/or unlimited during Policy period
Property Damage

CHOICE OF LAW & JURISDICTION : Federal Court Of Malaysia

THE DEDUCTIBLES (EACH AND EVERY LOSS) :


SECTION I : 1) Underground Works and Tunneling Works=15% of the
loss amount, minimum RM1,500,000.00

2) Earthquake, Volcanism, Tsunami=15% of loss amount,


minimum RM880,000.00

3) Storm, Rainstorm, Cyclone, Flood, Inundation,


Landslide, Maintenance, SRCC=10% of loss amount,
minimum RM440,000.00

4) All Other Risks=RM130,000.00

SECTION II : 1) Third Party Property Damage=RM20,000.00

2) Bodily Injury=Nil

Unless more specifically mentioned under the attached clauses.

The highest/largest deductible being applicable for each and every loss

Page 2 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

ENDORSEMENTS :
This policy is subject to the following Endorsements, Clauses, Warranties and / or
Special Exclusion(s) as printed herein or added thereon or attached thereto and form
part of this policy

CONDITION PRECEDENT
-------------------
1. The validity of this Policy is subject to the condition precedent
that:
a) for the risk insured, the named insured has never had any
insurance terminated in the last 12 months due solely or in
part to a breach of any Premium Warranty condition; or
b) if the named insured has declared that it has breached any
Premium Warranty condition in respect of a previous policy
taken up with another insurer in the last 12 months:

i) the named insured has fully paid all outstanding premium


for time on risk calculated by the previous insurer based
on the customary short period rate in respect of the
previous policy; and
ii) a copy of the evidence of premium paid from the previous
insurer to this effect is first provided by the named
insured to the Company before cover incepts.

Page 3 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

For Consumer Insurance Contracts (Insurance wholly for purposes unrelated


to the Insured’s trade, business or profession)

This Policy is issued in consideration of the payment of premium as


specified in the Policy Schedule and pursuant to the answers given in the
Insured’s Proposal Form (or when the Insured applied for this insurance)
and any other disclosures made by the Insured between the time of
submission of the Insured’s Proposal Form (or when the Insured applied for
this insurance) and the time this contract is entered into. The answers
and any other disclosures given by the Insured shall form part of this
contract of insurance between the Insured and Lonpac Insurance Bhd
(hereinafter called “the Company”). However, in the event of any pre-
contractual misrepresentation made in relation to the Insured’s answers or
in any disclosures given by the Insured, only the remedies in Schedule 9
of the Financial Services Act 2013 will apply.

This Policy reflects the terms and conditions of the contract of insurance
as agreed between the Insured and the Insurer.

For Non-Consumer Insurance Contracts (Insurance for purposes related to


the Insured’s trade, business or profession)

This Policy is issued in consideration of the payment of premium as


specified in the Policy Schedule and pursuant to the answers given in the
Insured’s Proposal Form (or when the Insured applied for this insurance)
and any other disclosures made by the Insured between the time of
submission of the Insured’s Proposal Form (or when Insured applied for
this insurance) and the time this contract is entered into. The answers
and any other disclosures given by the Insured shall form part of this
contract of insurance between the Insured and Lonpac Insurance Bhd
(hereinafter called “the Company”). In the event of any pre-contractual
misrepresentation made in relation to the Insured’s answers or in any
disclosures made by the Insured, it may result in avoidance of the
Insured’s contract of insurance, refusal or reduction of the Insured’s
claim(s), change of terms or termination of the Insured’s contract of
insurance.

This Policy reflects the terms and conditions of the contract of insurance
as agreed between the Insured and the Insurer.

Now this Policy of insurance witnesses that subject to the Insured having
paid to the Insurers the premium mentioned in the Schedule and subject to
the terms, exclusions, provisions and conditions contained herein or
endorsed hereon the Insurers will indemnify the Insured in the manner and
to the extent hereinafter provided.

1. General Exclusions

The Insurers will not indemnify the Insured in respect of loss, damage
or liability directly or indirectly caused by or arising out of or
aggravated by

a) war, invasion, act of foreign enemy, hostilities (whether war be


declared or not), civil war, rebellion, revolution, insurrection,
mutiny, riot, strike, lockout, civil commotion, military or usurped
power, a group of malicious persons or persons acting on behalf of
or in connection with any political organization, conspiracy,
confiscation, commandeering, requisition or destruction or damage by
order of any government de jure or de facto or by any public
authority;

b) nuclear reaction, nuclear radiation or radioactive contamination;

c) wilful act or wilful negligence of the Insured or of his


representatives;

Page 4 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

d) cessation of work whether total or partial.

In any action, suit or other proceeding where the Insurers allege that
by reason of the provisions of Exclusion a) above any loss, destruction,
damage or liability is not covered by this insurance the burden of
proving that such loss, destruction, damage or liability is covered
shall be upon the Insured.

Period of Cover

The liability of the Insurers shall commence, notwithstanding any date


to the contrary specified in the Schedule, directly upon commencement
of work or after the unloading of the items entered in the Schedule at
the site and shall continue until immediately after taking over or
after the first test operation or test loading is completed whatever is
the earlier, but not beyond four weeks (unless otherwise agreed in
writing) from the date of commencement of the test. If, however, a part
of a plant or one or several machine(s) is/are tested and/or put into
operation or taken over, the cover for that particular part of the
plant or machine(s) and any liability resulting therefrom ceases
whereas the cover continues for the remaining parts.

In the case of second-hand items, the insurance hereunder shall,


however, cease immediately on the commencement of the test.

The Insurers’ liability expires for parts of the insured contract works
taken over or put into service.

At the latest the insurance shall expire on the date specified in the
Schedule. Any extensions of the period of insurance are subject to the
prior written consent of the Insurers.

2. General Conditions

1. The due observance and fulfillment of the terms of this Policy in so


far as they relate to anything to be done or complied with by the
Insured and the truth of the statements and answers in the
questionnaire and proposal made by the Insured shall be a condition
precedent to any liability of the Insurers.

2. The Schedule and the Section(s) shall be deemed to be incorporated


in and form part of this Policy and the expression “this Policy”
wherever used in this contract shall be read as including the
Schedule and the Section(s). Any word or expression to which a
specific meaning has been attached in any part of this Policy or of
the Schedule or of the Section(s) shall bear such meaning wherever
it may appear.

3. The Insured shall at his own expense take all reasonable precautions
and comply with all reasonable recommendations of the Insurers to
prevent loss, damage or liability and comply with statutory
requirements and manufacturers’ recommendations.

4. a) Representatives of the Insurers shall at any reasonable time have


the right to inspect and examine the risk and the Insured shall
provide the representatives of the Insurers with all details and
information necessary for the assessment of the risk.

Page 5 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

b) The Insured shall immediately notify the Insurers by telegram


and in writing of any material change in the risk and cause at
his own expense such additional precautions to be taken as
circumstances may require, and the scope of cover and/or premium
shall, if necessary, be adjusted accordingly.

No material alteration shall be made or admitted by the Insured


whereby the risk is increased, unless the continuance of the
insurance is confirmed in writing by the Insurers.

5. In the event of any occurrence which might give rise to a claim


under this Policy, the Insured shall

a) immediately notify the Insurers by telephone or telegram as well


as in writing, giving an indication as to the nature and extent
of loss or damage;

b) take all steps within his power to minimize the extent of the
loss or damage;

c) preserve the parts affected and make them available for


inspection by a representative or surveyor of the Insurers;

d) furnish all such information and documentary evidence as the


Insurers may require;

e) inform the police authorities in case of loss or damage due to


theft or burglary.

The Insurers shall not in any case be liable for loss, damage or
liability of which no notice has been received by the Insurers
within 14 days of its occurrence.

Upon notification being given to the Insurers under this condition,


the Insured may carry out the repairs or replacement of any minor
damage; in all other cases a representative of the Insurers shall have
the opportunity of inspecting the loss or damage before any repairs or
alterations are effected. If a representative of the Insurers does not
carry out the inspection within a period of time which could be
considered adequate under the circumstances, the Insured is entitled
to proceed with the repairs or replacement.

The liability of the Insurers under this Policy in respect of any item
sustaining damage shall cease if said item is not repaired properly
without delay.

6. The Insured shall at the expense of the Insurers do and concur in doing
and permit to be done all such acts and things as may be necessary or
required by the Insurers in the interest of any rights or remedies, or
of obtaining relief or indemnity from parties (other than those
insured under this Policy) to which the Insurers are or would become
entitled or which is or would be subrogated to them upon their paying
for or making good any loss or damage under this Policy, whether such
acts and things are or become necessary or required before or after
the Insured’s indemnification by the Insurers.

7. If any difference arises as to the amount to be paid under this Policy


(liability being otherwise admitted), such difference shall be referred
to the decision of an arbitrator to be appointed in writing by the
parties in difference or, if they cannot agree upon a single arbitrator,
to the decision of two arbitrators, one to be appointed in

Page 6 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

writing by each of the parties within one calendar month after having
been required in writing so to do by either of the parties, or, in case
the arbitrators do not agree, of an umpire to be appointed in writing
by the arbitrators before the latter enter upon the reference. The
umpire shall sit with the arbitrators and preside at their meetings.
The making of an award shall be a condition precedent to any right of
action against the Insurers.

8. If a claim is in any respect fraudulent, or if any false declaration is


made or used in support thereof, or if any fraudulent means or devices
are used by the Insured or anyone acting on his behalf to obtain any
benefit under this Policy, or if a claim is made and rejected and no
action or suit is commenced within three months after such rejection
or, in the case of arbitration taking place as provided herein, within
three months after the arbitrator or arbitrators or umpire have made
their award, all benefit under this Policy shall be forfeited.

9. If at the time any claim arises under the Policy there is any other
insurance covering the same loss, damage or liability, the Insurers
shall not be liable to pay or contribute more than their rateable
proportion of any claim for such loss, damage or liability.

10. DUTY OF DISCLOSURE

Consumer Insurance Contracts


Where the Insured have applied for this Insurance wholly for purposes
unrelated to the Insured’s trade, business or profession, the Insured
had a duty to take reasonable care not to make a misrepresentation in
answering the questions in the Proposal Form (or when the Insured
applied for this insurance) i.e. the Insured should have answered the
questions fully and accurately. Failure to have taken reasonable care
in answering the questions may result in avoidance of the Insured’s
contract of insurance, refusal or reduction of your claim(s), change of
terms or termination of the Insured’s contract of insurance in
accordance with the remedies in Schedule 9 of the Financial Services
Act 2013. The Insured were also required to disclose any other matter
that Insured knew to be relevant to Insurer’s decision in accepting the
risks and determining the rates and terms to be applied.

The Insured also have a duty to tell Insurer immediately if at any time
after the Insured’s contract of insurance has been entered into, varied
or renewed with Insurer any of the information given in the Proposal
Form (or when the Insured applied for this insurance) is inaccurate or
has changed.

Non-Consumer Insurance Contracts


Where the Insured have applied for this Insurance wholly for purposes
related to the Insured’s trade, business or profession, Insured had a
duty to disclose any matter that Insured know to be relevant to
Insurer’s decision in accepting the risks and determining the rates
and terms to be applied and any matter a reasonable person in the
circumstances could be expected to know to be relevant otherwise it may
result in avoidance of Insured’s contract of insurance, refusal or
reduction of Insured’s claim(s), change of terms or termination of
Insured’s contract of insurance.

The Insured also have a duty to tell Insurer immediately if at any time
after the Insured’s contract of insurance has been entered into, varied
or renewed with Insurer any of the information given in the Proposal
Form (or when the Insured applied for this insurance) is inaccurate or
has changed.

Page 7 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

3. Section 1 – Material Damage

The Insurers hereby agree with the Insured that if at any time during
the period of cover the items or any part thereof entered in the
Schedule shall suffer any unforeseen and sudden physical loss or damage
from any cause, other than those specifically excluded, in a manner
necessitating repair or replacement, the Insurers will indemnify the
Insured in respect of such loss or damage as hereinafter provided by
payment in cash, replacement or repair (at their own option) up to an
amount not exceeding in respect of each of the items specified in the
Schedule the sum set opposite thereto and not exceeding in any one
event the limit of indemnity where applicable and not exceeding in all
the total sum expressed in the Schedule as insured hereby.

The Insurers will also reimburse the Insured for the cost of clearance
of debris following upon any event giving rise to a claim under this
Policy provided a separate sum therefore has been entered in the
Schedule.

3.1 Special Exclusions to Section 1


The Insurers shall not, however, be liable for

a) the deductible stated in the Schedule to be borne by the Insured


in any one occurrence;

b) consequential loss of any kind or description whatsoever


including penalties, losses due to delay, lack of performance, loss
of contract;

c) loss or damage due to faulty design, defective material or


casting, bad workmanship other than faults in erection.

d) the cost of replacement, repair or rectification of defective


material and/or workmanship, but this exclusion shall be limited to

the items immediately affected and shall not be deemed to exclude


loss of or damage to correctly executed items resulting from an
accident due to such defective material and/or workmanship;

e) wear and tear, corrosion, oxidation, deterioration due to lack


of use and normal atmospheric conditions;

f) loss or damage to construction plant, equipment and construction


machinery due to electrical or mechanical breakdown, failure,
breakage or derangement, freezing of coolant or other fluid,
defective lubrication or lack of oil or coolant, but if as a
consequence of such breakdown or derangement an accident occurs
causing external damage, such consequential damage shall be
identifiable;

g) loss of or damage to vehicles licensed for general road use or


waterborne vessels or aircraft;

h) loss of or damage to files, drawings, accounts, bills, currency,


stamps, deeds, evidences of debt, notes, securities, cheques,
packing materials such as cases, boxes, crates.

i) loss or damage discovered only at the time of taking an


inventory.

Page 8 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

Provisions applying to Section 1

Memo 1 – Sums insured


It is a requirement of this insurance that the sums insured stated
in the Schedule shall not be less than

for item 1: the full value of the contract works at the completion
of the construction, inclusive of all materials, wages, freight,
customs duties, dues, and materials or items supplied by the
Principal;

for items 2 and 3: the replacement value of construction plant,


equipment and machinery; which shall mean the cost of replacement of
the insured items by new items of the same kind and capacity;

and the Insured undertakes to increase or decrease the amounts of


insurance in the event of any material fluctuation in wages or
prices provided always that such increase or decrease shall take
effect only after the same has been recorded in the Policy by the
Insurers.

If, in the event of loss or damage, it is found that the sums


insured are less than the amounts required to be insured, then the
amount recoverable by the Insured under this Policy shall be reduced
in such proportion as the sums insured bear to the amounts required
to be insured. Every object and cost item is subject to this
condition separately.

Memo 2 – Basis of Loss Settlement


In the event of any loss or damage the basis of any settlement under
this Policy shall be

a) in the case of damage which can be repaired – the cost of repairs


necessary to restore the items to their condition immediately before
the occurrence of the damage less salvage, or

b) in the case of a total loss – the actual value of the items


immediately before the occurrence of the loss less salvage,

however, only to the extent the costs claimed had to be borne by the
Insured and to the extent they are included in the sums insured and
provided always that the provisions and conditions have been
complied with.

The Insurers will make payments only after being satisfied by


production of the necessary bills and documents that the repairs
have been effected or replacement has taken place, as the case may
be. All damage which can be repaired shall be repaired, but if the
cost of repairing any damage equals or exceeds the value of the
items immediately before the occurrence of the damage, the
settlement shall be made on the basis provided for in b) above.

The cost of any provisional repairs will be borne by the Insurers if


such repairs constitute part of the final repairs and do not
increase the total repair expenses.

The cost of any alterations, additions and/or improvements shall not


be recoverable under this Policy.

Page 9 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

Memo 3 – Extension of Cover


Extra charges for overtime, night work, work on public holidays,
express freight are covered by this insurance only if previously and
specially agreed upon in writing.

Memo 4 – Surrounding Property


Loss of or damage to property located on or adjacent to the site and
belonging to or held in care, custody or control of the Principal(s)
or the Contractor(s) shall only be covered if occurring in direct
connection with the erection, construction or testing of the items
insured under Section 1 and happening during the Period of Cover,
and provided that a separate sum therefore has been entered in the
Schedule under Section 1, item 4. This cover does not apply to
construction/erection machinery and construction/erection plant and
equipment.

4 Section 2 – Third Party Liability

The Insurers will indemnify the Insured up to but not exceeding the
amounts specified in the Schedule against such sums which the Insured
shall become legally liable to pay as damages consequent upon

a) accidental bodily injury to or illness of third parties (whether fatal


or not),

b) accidental loss of or damage to property belonging to third parties

occurring in direct connection with the construction or erection of the


items insured under Section 1 and happening on or in the immediate
vicinity of the site during the period of cover.

In respect of a claim for compensation to which the indemnity provided


herein applies, the Insurers will in addition indemnify the Insured
against

a) all costs and expenses of litigation recovered by any claimant from the
Insured, and

b) all costs and expenses incurred with the written consent of the
Insurers,

provided always that the liability of the Insurers under this Section
shall not exceed the limits of indemnity stated in the Schedule.

4.1 Special Exclusions to Section 2

The Insurers will not indemnify the Insured in respect of

1. the deductible stated in the Schedule to be borne by the Insured in any


one occurrence;

2. the expenditure incurred in doing or redoing or making good or


repairing or replacing anything covered or coverable under Section 1 of
this Policy;

3. damage to any property or land or building caused by vibration or by


the removal or weakening of support or injury or damage to any person or
property occasioned by or resulting from any such damage (unless
especially agreed upon by endorsement);

Page 10 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

4. liability consequent upon

a) bodily injury to or illness of employees or workmen of the


Contractor(s) or the Principal(s) or any other firm connected with the
project which or part of which is insured under Section 1, or members of
their families;

b) loss of or damage to property belonging to or held in care, custody or


control of the Contractor(s), the Principal(s) or any other firm connected
with the project which or part of which is insured under Section 1, or an
employee or workman of one of the aforesaid;

c) any accident caused by vehicles licensed for general road use or by


waterborne vessels or aircraft;

d) any agreement by the Insured to pay any sum by way of indemnity or


otherwise unless such liability would have attached also in the absence of
such agreement.

4.2 Special Conditions applying to Section 2

1. No admission, offer, promise, payment or indemnity shall be made or


given by or on behalf of the Insured without the written consent of the
Insurers who shall be entitled, if they so desire, to take over and

conduct in the name of the Insured the defence or settlement of any claim
or to prosecute for their own benefit in the name of the Insured any claim
for indemnity or damages or otherwise and shall have full discretion in
the conduct of any proceedings or in the settlement of any claim and the
Insured shall give all such information and assistance as the Insurers may
require.

2. The Insurers may so far as any accident is concerned pay to the Insured
the limit of indemnity for any one accident (but deducting there from in
such case any sum or sums already paid as compensation in respect thereof)
or any lesser sum for which the claim or claims arising from such accident
can be settled and the Insurers shall thereafter be under no further
liability in respect of such accident under this Section.

5. Endorsements Section 1

1. Endorsement 001 - Cover for Loss or Damage due to Strike, Riot and
Civil Commotion (SRCC)

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, and subject to the Insured having paid the agreed
extra premium, this Policy shall be extended to cover loss or damage
due to strike, riot and civil commotion which for the purpose of this
Endorsement shall mean (subject always to the special conditions
hereinafter contained) loss of or damage to the property insured
directly caused by

1. the act of any person taking part together with others in any
disturbance of the public peace (whether in connection with a strike
or lockout or not) not being an occurrence mentioned in item 2 of the
special conditions hereof,

2. the action of any lawfully constituted authority in suppressing or


attempting to suppress any such disturbance or in minimizing the
consequences of any such disturbance,

Page 11 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

3. the wilful act of any striker or locked-out worker performed in


furtherance of a strike or in resistance to a lockout,

4. the action of any lawfully constituted authority in preventing or


attempting to prevent any such act or in minimizing the consequences
of any such act.

Provided that it is hereby further expressly agreed and declared that

1. all the terms, exclusions, provisions and conditions of the Policy


shall apply in all respects to the insurance granted by this extension
save in so far as the same are expressly varied by the following
special conditions, and any reference to loss or damage in the wording
of the Policy shall be deemed to include the perils hereby insured
against,

2. the following special conditions shall apply only to the insurance


granted by this extension, and the wording of the Policy shall apply
in all respects to the insurance granted by the Policy as if this
Endorsement had not been made thereon.

Special Conditions
1. This insurance shall not cover

a) loss or damage resulting from total or partial cessation of work


or the retarding, interruption or cessation of any process or
operation,

b) loss or damage occasioned by permanent or temporary dispossession


resulting from confiscation, commandeering or requisition by any
lawfully constituted authority,

c) loss or damage occasioned by permanent or temporary dispossession


of any building resulting from the unlawful occupation by any person
of such building,

d) consequential loss or liability of any kind or description, any


payments over and above the indemnity for the material damage as
provided herein.

Provided nevertheless that the Insurers are not relieved under b) or


c) above of any liability to the Insured in respect of physical
damage to the property insured occurring before dispossession or
during temporary dispossession.

2. This insurance shall not cover any loss or damage occasioned by or


through or in consequence, directly or indirectly, of any of the
following occurrences, namely

a) war, invasion, act of foreign enemy, hostilities or warlike


operations (whether war be declared or not), civil war,

b) mutiny, civil commotion assuming the proportion of or amounting to


a popular rising, military rising, insurrection, rebellion,
revolution, military or usurped power,

c) any act of any person acting on behalf of or in connection with


any organization with activities directed toward the overthrow by
force of the government de jure or de facto or to the influencing of
it by terrorism or violence.

Page 12 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

In any action, suit or other proceeding, where the Insurers allege


that by reason of the provisions of this condition any loss or damage
is not covered by this insurance, the burden of proving that such
loss or damage is covered shall be upon the Insured.

3. This insurance may at any time be terminated by the Insurers on


notice to that effect being given by registered post at the Insured's
last known address, in which case the Insurers shall be liable to
repay a rateable proportion of the premium for the unexpired term
from the date of termination.

4. The limit of indemnity any one occurrence as stated below shall be


understood to limit the indemnity for all loss or damage covered by
this Endorsement during a consecutive period of 168 hours.

The aggregate liability of the Insurers during the period of cover of


this Policy shall be limited by twice the limit of indemnity any one
occurrence.

Limit of indemnity: RM 5,000,000.00 any one occurrence

Deductible: As per Schedule

Extra premium: Nil

2. Endorsement 004 - Extended Maintenance Cover

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon and subject to the Insured having paid the agreed
extra premium, this insurance shall be extended for the maintenance
period specified hereunder to cover loss of or damage to the contract
works

– caused by the insured contractor(s) in the course of the operations


carried out for the purpose of complying with the obligations under
the maintenance provisions of the contract,

– occurring during the maintenance period provided such loss or


damage was caused on the site during the construction period before
the certificate of completion for the lost or damaged section was
issued.

Maintenance cover: 1 July 2024 to 30 June 2026 (24 months)

Extra premium: Nil

3. Endorsement 006 - Cover of Extra Charges for Overtime, Night Work,


work on Public Holidays, Express Freight

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon and subject to the Insured having paid the agreed
extra premium, this insurance shall be extended to cover extra
charges for overtime, night work, work on public holidays and express
freight (excluding airfreight).

Provided always that such extra charges shall be incurred in


connection with any loss of or damage to the insured items
recoverable under the Policy.

Page 13 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

If the sum(s) insured of the damaged item(s) is (are) less than the
amount(s) required to be insured, the amount payable under this
Endorsement for such extra charges shall be reduced in the same
proportion.

Limit of indemnity: RM 5,000,000.00 any one occurrence

Extra premium: Nil

4. Endorsement 007 - Cover of Extra Charges for Airfreight

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon and subject to the Insured having paid the agreed
extra premium, this insurance shall be extended to cover extra
charges for airfreight.

Provided always that such extra charges shall be incurred in


connection with any loss of or damage to the insured items
recoverable under the Policy.

Provided further that the maximum amount payable under this


Endorsement in respect of airfreight shall not exceed the amount
stated below during the period of insurance.

Deductible: As per Schedule

Maximum amount payable: RM 5,000,000.00 any one occurrence

Extra premium: Nil

5. Endorsement 008 - Warranty Concerning Structures in Earthquake Zones

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall only indemnify the Insured for
loss, damage or liability arising out of earthquake if the Insured
proves that the earthquake risk was taken into account in design
according to the official building codes valid for the site and that
the qualities of material and workmanship and the dimensions on which
the calculations were based were adhered to.

6. Endorsement 013 - Property in Off-Site Storage

It is agreed and understood that, notwithstanding the terms,


exclusions, provisions and conditions of the Policy or any
Endorsements agreed upon and subject to the Insured having paid the
agreed extra premium, Section I of the Policy shall be extended to
cover loss of or damage to property insured (except property being
manufactured, processed or stored at the manufacturer’s,
distributor’s or supplier’s premises) in offsite storage within the
territorial limits as stated below.

The Insurers will not indemnify the Insured for loss or damage caused
by the neglect of generally accepted loss prevention measures for
warehouses or storage units. Such measures include, in particular:
- ensuring that the storage area is enclosed (either a building or at
least fenced-in), guarded, protected against fire, as appropriate for
the particular location or type of property stored;

Page 14 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

- separating the storage units by fire-proof walls or by a distance


of at least 50 metres;

- positioning and designing the storage units in such a way as to


prevent damage by accumulating water or flooding due to rainfall or
by a flood with a statistical return period of less than 30 years;

- limiting the value per storage unit.

Territorial limits of: the Federation of Malaysia

Maximum value per storage unit: RM 50,000,000.00

Limit of indemnity (any one occurrence): RM 50,000,000.00

Deductible: As per Schedule

Extra premium: Nil

7. Endorsement 101 - Special Conditions concerning the Construction of


Tunnels, Galleries, Temporary or Permanent Subsurface Structures or
Installations

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall not indemnify the Insured in
respect of the expenses incurred for

- alterations in the construction method or due to unforeseen ground


conditions or obstructions,

- measures which become necessary to improve or stabilize ground


conditions or to seal against water ingress unless necessary to
reinstate indemnifiable loss or damage,

- removing material which has been excavated, or due to over break in


excess of the design profile and/or for refilling cavities resulting
there from,

- dewatering unless necessary to reinstate indemnifiable loss or


damage,

- loss or damage due to breakdown of the dewatering system if such


loss or damage could have been avoided by use of standby facilities,

- the abandonment or recovery of tunnel-boring machines,

- the loss of bentonite, suspensions, or any media or substance used


for excavation support or as a ground-conditioning agent.

In the event of indemnifiable loss or damage the maximum amount


payable under this Policy shall be limited to the expenses incurred
to reinstate the insured property to a standard or condition
technically equivalent to that which existed immediately before the
occurrence of loss or damage but not in excess of the percentage as
stated below of the original average per-metre construction cost of
the immediate damaged area.

Maximum percentage payable: 110 %

Page 15 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

8. Endorsement 106 - Warranty concerning Sections

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall only indemnify the Insured for
loss, damage or liability directly or indirectly caused to or by
embankments, cuttings and benchings, ditches, canals or road works if
these embankments, cuttings and benchings, ditches, canals or road
works are constructed in sections not exceeding in total the length
stated below, irrespective of the state of completion of the insured
works, and the indemnification for any one loss- event shall- be
limited to the cost of repair of such sections.

Maximum length of section: 1,000 metres each working face

9. Endorsement 107 - Warranty concerning Camps and Stores

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall only indemnify the Insured for
loss, damage or liability directly or indirectly caused to camps and
stores by fire, flood or inundation if these camps and stores are
located above the highest water level recorded anywhere on the site
during the last 20 years and the individual storage units are either
at least 50 m apart or separated by fire walls.

It is also agreed that the Insurers shall indemnify the Insured for
any one occurrence only up to a limit of indemnity of
RM 10,000,000.00 for camps,

RM 10,000,000.00 for each individual storage unit.

10. Endorsement 110 – Special Conditions Concerning Safety Measures with


Respect to Precipitation, Flood and Inundation

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall only indemnify the Insured for
loss, damage or liability caused directly or indirectly by
precipitation, flood or inundation if adequate safety measures have
been taken in designing and executing the project involved.

Adequate safety measures shall mean that allowance is made for


precipitation, flood and inundation up to a return period of 20 years
for the location insured and the entire policy period on the basis of
the statistics prepared by the meteorological agencies.

Loss, damage or liability resulting from the Insured's not


immediately removing obstructions (eg. sand, trees) from watercourses
within the construction site, whether carrying water or not, in order
to maintain free waterflow shall not be indemnifiable.

11. Endorsement 111 – Special Conditions Concerning Removal of Debris


From Landslides

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall not indemnify the Insured in
respect of

- expenses incurred for the removal of debris from landslides in


excess of the costs of excavating the original material from the area
affected by such landslides,

Page 16 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

- expenses incurred for the repair of eroded slopes or other graded


areas if the Insured has failed to take the measures required or to
take them in time.

12. Endorsement 112 - Special Conditions concerning Fire-Fighting


Facilities and Fire Safety on Construction Sites

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall only indemnify the Insured for
loss or damage directly or indirectly caused by or resulting from
fire or explosion, provided always that

1. With regard to the progress of work adequate fire-fighting


equipment and sufficient extinguishing agents are available and
operative at all times.

Fully operative wet riser hydrants are installed up to one level


below the highest current work level and are sealed by temporary end
caps.

2. The cabinets containing hose reels and portable fire extinguishers


are inspected at regular intervals but at least twice a week;
3. Fire compartments as required by local regulations are installed
as soon as possible after the removal of formwork.

Openings for lift shafts, service ducts and other voids are
provisionally closed as soon as possible but not later than at the
commencement of fit-out work;

4. Waste material is removed regularly. All floors undergoing fit-out


are cleared of combustible waste at the end of each working day;

5. A “permit to work” system is implemented for all contractors


engaged in “hot work” of any kind such as but not limited to

- grinding, cutting or welding operations,

- use of blow lamps and torches,

- application of hot bitumen,

or any other heat-producing operation.


“Hot work” is carried out only in the presence of at least one worker
equipped with a fire extinguisher and trained in fire-fighting.

The area of any “hot work” is examined one hour after the work has
finished;

6. Storage of material for the construction or erection shall be


subdivided into storage units not exceeding the value stated below
per storage unit. The individual storage units shall be either at
least 50 m apart or separated by fire-proof walls.

All flammable material and especially all flammable liquids and gases
shall be stored at a sufficiently large distance from the property
under construction or erection and any hot work;

7. A Site Safety Coordinator is appointed.

Page 17 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

A reliable fire alarm system is installed and whenever possible a


direct communication link maintained with the nearest fire brigade.

A Fire Protection Plan and a Site Fire Action Plan are implemented
and updated regularly.

The contractor’s personnel are trained in fire-fighting and fire-


fighting drills carried out weekly.
The nearest fire brigade is familiarized with the site and immediate
access maintained for it at all times;

8. The site is fenced off and access controlled.

Value per storage unit: RM 50,000,000.00

13. Endorsement 113 - Inland Transit

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the policy or
endorsed thereon and subject to the insured having paid the agreed
extra premium, section 1 of this insurance shall be extended to
cover loss or damage to the insured property whilst in transit to
the contract site other than on waterways or by air within the
territorial limits of Malaysia provided that the maximum amount
payable under this endorsement does not exceed RM 15,000,000.00 per
conveyance.

Total value of property: Total value of property to be declared by


the Insured and confirmed or acknowledged
by the Insurer prior to shipment

Deductible: As per Schedule

Extra premium: Nil

14. Endorsement 115 - Cover for Designer’s Risk

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon and subject to the insured having paid the agreed
extra premium, exclusion c under Special Exclusions to Section I of
the Policy shall be deleted and exclusion d replaced by the
following wording:

“d the cost of replacement, repair or rectification of loss of


damage to items due to defective material and/or workmanship and/or
faulty design, but this exclusion shall be limited to the items
immediately affected and shall not be deemed to exclude loss of or
damage to correctly executed items resulting from an accident due to
such defective material and/or workmanship and/or faulty design.”

Deductible : 15% of settled loss, minimum RM2,500,000.00


any one occurrence

Extra Premium : nil

15. Endorsement 116 - Cover for Insured Contract Works Taken Over or Put
into Service

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon and subject to the insured having paid the agreed
extra premium, the insurance shall be extended to cover loss of or
damage to parts of the insured contract works taken over or put into

Page 18 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

service if such loss or damage emanates from the construction of the


items insured under section 1 and happens during the period of
cover.

Extra premium:Nil

Maximum coverage 1 year, subject to review of contractual and


schedule information (phased handovers)

16. Endorsement 117 - Special Conditions for Laying Water Supply and
Sewer Pipes

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall not indemnify the Insured for
any loss, damage or liability due to the flooding or silting of
pipes, trenches or shafts only up the maximum length of open trench
stated below, partially or completely excavated, for any one loss
event.

The Insurers shall be liable only if

1. the pipes, immediately after laying, have been secured in such a


manner by backfilling that they cannot be displaced if the trench is
flooded;

2. the pipes, immediately after laying, have been closed to prevent


water, silt or the like from penetrating;

3. the trenches of tested pipe sections have been backfilled


immediately upon completion of the pressure test.

Maximum length: 3 sections of 1000 meters each

17. Endorsement 119 - Existing Property or Property belonging to or held


in Care, Custody or Control by the Insured

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon and subject to the Insured having paid the agreed
extra premium, Section 1 of this Policy shall be extended to cover
loss of or damage to the existing property or property belonging to
or held in care, custody or control by the Insured caused by or
arising out of the construction or erection of the items insured
under Section 1.

Insured property: To be declared by the Insured and confirmed or


acknowledged by the Insurer

Sum insured: RM 5,000,000.00

The Insurers shall only indemnify the Insured for loss of or damage
to the insured property provided that prior to the commencement of
construction its condition is sound and the necessary safety
measures have been taken.

In respect of loss or damage caused by vibration or by the removal


or weakening of support Insurers shall only indemnify the Insured
for loss or damage as a result of a total or partial collapse of the
insured property, and not for superficial damage which neither
impairs the stability of the insured property nor endangers its
users.

Page 19 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

The Insurers shall not indemnify the Insured for

- loss or damage which is foreseeable having regard to the nature of


the construction work or the manner of its execution,
- the costs of loss prevention or minimization measures which become
necessary during the period of insurance.

Deductible: As per Schedule

Extra premium: Nil

18. Special Conditions Concerning Piling Foundation and Retaining Wall


Works

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall not indemnify the Insured in
respect of expenses incurred

1. for replacing or rectifying piles or retaining wall elements


a which have become misplaced or misaligned or jammed during
their construction;
b which are lost or abandoned or damaged during driving or
extraction;
or
c which have become obstructed by jammed or damaged piling
equipment or casings;
2. for rectifying disconnected or declutched sheet piles;
3. for rectifying any leakage or infiltration of material of any
kind;
4. for filling voids or for replacing lost bentonite;
5. as a result of any piles or foundation elements having failed to
pass a load bearing test or otherwise not having reached their
designed load bearing capacity;
6. for reinstating profiles or dimensions.

This endorsement shall not apply to loss or damage caused by natural


hazards. The burden of proving that such loss or damage is covered
shall be upon the Insured.

19. Cover of Leak Search Costs when Laying Pipelines

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall indemnify the Insured also for
the following items under this Policy:

a. Leak search costs following a hydrostatic test (including the


cost of leasing special apparatus, cost of operation and transport
of such apparatus);
b. Earthwork on a trench not damaged in itself, such earthwork
becoming necessary in the search for and repair of leaks, eg
excavation, uncovering of the pipeline, backfilling;

provided that

- the leak has been caused by an indemnifiable event or is


attributable to faulty execution on the site, and
- 100% of the welding seams have been X-rayed and any deficiencies
discovered thereby have been removed properly.

Costs caused by faulty repair of welding seams shall be excluded from


the cover.

Page 20 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

20. Clearance of Debris Clause

It is agreed and understood that the Insurers shall indemnify the


Insured for costs and expenses Insured in:

1. removing debris;

2. dismantling and / or demolishing;

3. sharing up of mopping of portion or portions of the property


Insured by this Policy destroyed or damaged by fire or any other
peril hereby against subject to the limit of indemnity stipulated in
the Schedule of the Policy.

This Clause is subject otherwise to the terms, conditions and


exceptions of this Policy.

Limit of indemnity: RM 5,000,000.00 any one occurrence

21. Professional Fees

It is agreed and understood that the Insurers shall indemnify the


Insured for costs in respect of Architects’, Surveyors’ and
Consulting Engineers’ Fees necessarily incurred by the Insured in
the reinstatement of the property insured consequent upon its loss,
destruction or damage by any peril hereby insured against, but not
any fees for the preparation of a claim or estimate of loss, subject
to the limit of indemnity stipulated in the Schedule of the Policy.
This clause is subject otherwise to the terms, conditions and
exceptions of this Policy.

Limit of indemnity: 15% of the settled loss, maximum


RM10,000,000.00 any one occurrence

22. Automatic Reinstatement of Sum insured


It is agreed and understood that in the event of loss or damage to
the insured property described in the Schedule of this Policy, the
amount payable for such loss or damage shall be automatically
reinstated from the time of the happening and the Insured shall pay
an additional premium therefore calculated pro rata from the date of
loss to the expiration of this Policy.

This Clause is subject otherwise to the terms, conditions and


exceptions of this Policy.

23. 72 Hours Clause

It is agreed and understood that any loss of or damage to the


insured property arising during any one period of seventy two (72)
consecutive hours, caused by storm, typhoon, tempest, flood or
earthquake shall be deemed as a single event and therefore to
constitute one occurrence with regard to the Excesses provided for
herein, For the purpose of the foregoing the commencement of any
such seventy two (72) hour period shall be decided at the discretion
of the Insured it being understood and agreed, however, that there
shall be no overlapping in any two or more such seventy two (72)hour
periods in the event of damage occurring over a more extended period
of time.

Page 21 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

This clause is subject otherwise to the terms, conditions and


exclusions of this Policy.

24. Marine Cargo (50:50 Clause)

It is agreed and understood that the Insured is requested to:

1. Inspect the materials and equipment for possible damage incurred


during transit upon their arrival at the contract site. In the case
of unpacked goods where damage is evident such damage is to be
reported under Marine Cover,

2. In the case of packed goods which are left in their packing until
a later date, the packing is to be usually inspected for signs of
possible damage to the goods. If any sign of damage is visible, the
goods themselves are to be reported under the Marine Cover.

3. When the Packing of the goods manifests no sign of damage and the
goods are therefore left packed, any damage discovered when they are
unpacked will be assumed to have occurred during transit unless
there is dear evidence from the nature of the damage that it could
only have occurred after expiry of the marine insurance.

4. If, however, no clean evidence can be deduced as to when the


damage was caused, the settlement of the loss will be shared equally
between marine insurance and this insurance.
This clause is subject otherwise to the terms, conditions and
exceptions of this Policy.

25. Cessation of Works – 90 days

It is agreed and understood that this insurance is extended to cover


loss of or damage to the property insured when the contract works
cease or suspend for a period of up to 90 days, provided that the
Insured:

- timely notify the Insurer by writing in the event of cessation of


works or restart of works and submit the Order of suspension of
works or the Order of restart of works signed by the chief
supervision engineer.

- take all necessary and reasonable precautions for the works in


cessation/suspension during the period of cessation/suspension.

This clause is subject otherwise to the terms, conditions and


exceptions of this Policy.

Extra Premium: Nil

26. Payment on Account Clause (50%)

It is agreed and understood that in the event of a claim under this


policy, underwriters agree to pay up to 50% of the loss amount
estimated by the loss adjuster immediately upon receipt of the said
adjuster’s estimate.

This clause is subject otherwise to the terms, conditions and


exceptions of this Policy.

Page 22 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

27. Plans and Documents Clause

It is agreed and understood that the Insurers shall indemnify the


Insured for costs incurred in re-writing or re-drawing plans and
drawings or other contract documents lost, destroyed or damaged as a
result of a perils hereby insured against.

This clause is Subject otherwise to the terms, conditions and


exceptions of this

Limit of indemnity: RM 2,500,000.00 any one occurrence

28. Preventive Measures Clause

It is agreed that in the event of actual damage (or imminent damage,


with prior notice and approval from Insurers) to the Insured
Property insurers will pay the reasonable costs necessary in
preventing, minimising or reducing damage to the Insured Property.

(Limit : RM1,000,000.00 each and every occurrence)

Subject otherwise to the terms, conditions, provisions, exclusions


and exceptions of the Policy.
.
29. Cover for Public Authorities Reinstatement Endorsement

The Insurance by this Policy extends to include such additional


costs of reinstatement of the destroyed or damaged property thereby
insured as may be incurred solely by reason of the necessity to
comply with Building or other Regulations under or framed in
pursuance of any Government Act or Bye-Laws of any Municipal or
Local Authority provided that :-

1) The costs recoverable under this Extension shall not include:-

a) the costs incurred in complying with any of the aforesaid


Regulations or Bye-Laws:-
i) in respect of destruction or damage occurring prior to the
granting of this extension:
ii) in respect of destruction or damage not insured by the
Policy,
iii) under which notice has been served upon the Insured prior
to the happening of the destruction or damage.
iv) in respect of undamaged property or undamaged portions of
property.

b) the additional costs that would have been required to make


good the property damaged or destroyed to a condition equal to
its condition when new had the necessity to comply with any of
the aforesaid Regulations or Bye-Laws not arisen;

c) the amount of any rate, tax, duty, development or other charge


or assessment arising out of capital appreciation which may be
payable in respect of the property or by the owner thereof by
reason of compliance with any of the aforesaid Regulations or
Bye-Laws.

2) The work of reinstatement must be commenced and carried out with


reasonable despatch and in any case must be completed within
twelve (12) months after the destruction or within such further
time as the Company may (during the said 12 months) in writing
allow and may be carried out wholly or partially upon another
site (if the aforesaid Regulations or Bye-Laws so necessitate)
subject to the liability of the Company under this extension not
being thereby increased.

Page 23 of 36
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Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

3) If the liability of the Company under (any item of) the Policy
apart from this extension shall be reduced by the application of
any of the terms and conditions of the Policy then the liability
of the Company under this extension (in respect of any such item)
shall be reduced in like proportion.

4) The total amount recoverable under any item of the Policy shall
exceed the sum insured thereby.

5) All the conditions of the Policy except insofar as they may be


hereby expressly varied shall apply as if they had been
incorporated herein.

Limit of Indemnity: RM1,000,000.00 each and every occurrence.

Subject otherwise to the terms, conditions, provisions, exclusions


and exceptions of the Policy.

30. TOPPING UP/INCREASED COSTS OF REPAIR OR REPLACEMENT CLAUSE

Notwithstanding the limit of the sum insured under Item 1 of Section


I the indemnity granted by this Policy extends to include a sum
insured in excess of the contract value in respect of repair or
replacement costs up to a limit of 10% of the contract value.

Subject otherwise to the terms, conditions, provisions, exclusions and


exceptions of the Policy.

6. Endorsements Section 2

1. Endorsement 002 - Cover for Cross Liability

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon and subject to the Insured having paid the agreed
extra premium, the third party liability cover of the Policy shall
apply to the insured parties named in the Schedule as if a separate
policy had been issued to each party, provided that the Insurers shall
not indemnify the Insured under this Endorsement in respect of
liability for

- loss of or damage to items insured or insurable under Section 1 of


the Policy, even if not recoverable due to an excess or any limit,

- fatal or non-fatal injury or illness of employees or workmen who are


or could have been insured under workmen’s compensation and/or
employers’ liability insurance.

The Insurers’ total liability in respect of the insured parties shall


not however exceed in the aggregate for any one accident or series of
accidents arising out of one event the limit of indemnity stated in the
Schedule.

Extra premium: Nil

Page 24 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

2. Endorsement 102 - Special Conditions concerning Underground Cables,


Pipes and other Facilities

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall only indemnify the Insured in
respect of loss of or damage to existing underground cables and/or
pipes or other underground facilities if, prior to the commencement of
works, the Insured has inquired with the relevant authorities about the
exact position of such cables, pipes or other underground facilities
and takes all necessary steps to avoid damage to same.

Claims in respect of loss of or damage to such underground facilities


which are in the same position as shown on the underground maps
(drawings indicating the position of the underground facilities) shall
be payable after applying a deductible of 20% of the loss amount or the
deductible stated under a below, whichever is the greater.

Claims in respect of loss of or damage to underground facilities


incorrectly shown on the underground map shall be payable after
applying the deductible stated under b below.

The indemnity shall in any case be restricted to the repair costs of


such cables, pipes or other underground facilities, any consequential
damage and penalties being excluded from the cover.

a. Deductibles: 20% of loss amount, minimum RM88,000


any one occurrence

b. Deductibles: RM20,000 any one occurrence

3. Endorsement 103 – Exclusion Of Loss of Or Damage To Crops, Forests And


Cultures

It is agreed and understood that otherwise subject to terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon, the Insurers shall not indemnify the Insured for
loss, damage or liability directly or indirectly caused to crops,
forests and/or any cultures during the execution of the contract
works.

4. Endorsement 120 - Vibration, Removal or Weakening of Support

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in the Policy or
endorsed thereon and subject to the Insured having paid the agreed
extra premium, Section 2 of this insurance shall be extended to cover
liability consequent upon loss or damage caused by vibration or by the
removal or weakening of support.

Provided always that

- the Insurers indemnify the Insured in respect of liability for loss


or damage to any property or land or building only if such loss or
damage results in the total or partial collapse,

- the Insurers indemnify the Insured in respect of liability for loss


or damage to any property or land or building only if prior to the
commencement of construction its condition is sound and the necessary
loss prevention measures have been taken,

Page 25 of 36
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Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

- the insured if required, the Insured, before commencement of


construction and at his own expense, prepares a report on the condition
of any endangered property or land or building.

The Insurers shall not indemnify the Insured in respect of liability


for

- loss or damage which is foreseeable having regard to the nature of


the construction work or the manner of its execution,

- superficial damage which neither impairs the stability of the


property, land or buildings nor endangers their users,

- the costs of loss prevention or minimization measures which become


necessary during the period of insurance.

Total limit of indemnity: RM 25,000,000.00 Any one occurrence,

RM 100,000,000.00 in aggregate.

Deductible: RM 500,000.00

Extra premium: Nil

5. INDUSTRIES; SEEPAGE; POLLUTION and CONTAMINATION CLAUSE NO. 3

Notwithstanding the seepage and pollution exclusion contained herein


the exclusion shall not apply provided that the Insured establishes
that all of the following conditions have been met:

a) The occurrence was accidental, and war neither expected nor intended
by the Insured. An accident shall not be considered unintended or
unexpected unless caused by some intervening event neither expected nor
intended by the insured.

b) The occurrence can be identified as commencing at a specific time


and date during the term of this policy.

c) The occurrence became known to the Insured within 72 hours after its
commencement and war reported to Underwriters within 90 days
thereafter.

d) The occurrence did not result from the insured’s intentional and
willful violation of any government statute, rule or regulation.

Nothing contained in this endorsement shall operate to provide any


coverage hereon with respect to:

1) Loss of damage to or loss of use of property directly or indirectly


resulting from subsidence caused by sub-sub-surface operations of the
insured.

2) Removal of loss of or damage to sub-surface oil, gas or any other


substance.

3) Fines, penalties, punitive, exemplary damages, treble damages or any


other damages resulting from the multiplication of compensatory
damages.

Page 26 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

4) Any site or location used in whole or in part for this handling,


processing, treatment storage, disposal or dumping of any waste
materials or substance or the transportation of any waste materials or
substances.

All other terms and conditions unchanged.

NMA 1685

6. Cover For Third Party Liability During Maintenance Period Endorsement

It is agreed and understood that otherwise subject to the terms,


exclusions, provisions and conditions contained in this Policy or
endorsed thereon the Insurers will indemnify the Insured against such
sums which the Insured shall become legally liable to pay as damages
consequent upon:
a) accidental bodily injury to or illness of third parties (whether
fatal or not)

b) accidental loss of or damage to property belonging to third parties.

caused by the Insured Contractor(s) whilst at the site during the


maintenance period for the purpose of complying with the obligations
under the maintenance provisions of the contract.

Maintenance cover : from 01 July 2024 to 30 June 2026

Subject otherwise to the terms, conditions, provisions, exclusions and


exceptions of the Policy.

7. Crevices of Buildings Clause

It is agreed and understood that Section II of this insurance shall be


extended to cover liability for crevices in any buildings of third
parties caused by vibration or by the removal or weakening of support.
The Insurers shall only indemnify the costs of repairing the crevices
provided that such crevices endanger the users of the affected
buildings. The Insured should take necessary loss prevention measures
prior to the commencement of construction.

Total limit of indemnity: RM 25,000,000.00 Any one occurrence,

RM 100,000,000.00 in aggregate.

Deductible: RM 500,000

Extra premium: Nil

8. Excluding Contractual Liability / Financial Guarantee / Liquidated


damages

It is agreed that cover under section 2 of this policy shall not apply
to liability for any claim arising out of or in connection with:

1. Liability insured assumed under contract


2. Any form of financial guarantee assumed or granted by the Insured
3. Any form of liquidated damages

Page 27 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

9. Asbestosis Exclusion Clause

This insurance excludes all claims and losses based upon, arising out
of, directly or indirectly resulting from or in consequence of, or any
way involving:

a) asbestos, or

b) any actual or alleged asbestos related injury or damage involving


the use, presence, existence, detection, removal, elimination or
avoidance of asbestos or exposure or potential exposure to asbestos.
All losses/claims related to asbestos.

Subject otherwise to the terms, conditions, provisions, exclusions and


exceptions of the Policy.

7. Endorsements Applicable to all Sections

1. Errors and Omissions

It is agreed and understood that subject to the Insured having paid the
agreed additional premium, the Company shall indemnify the Insured for
any delay or unintentional error or omission in reporting new locations
acquired or occupied or in reporting values of property or in
description of any other information provided that such delay, error or
omission shall be reported to the Company as soon as practicable after
the insured has knowledge thereof.

This Clause is subject otherwise to the terms, conditions and


exceptions of this Policy.

2. Nominated Loss Adjusters

It is hereby noted and agreed that claims (if need) shall be surveyed
by the appointed loss adjuster which is agreed by the Insured and the
Insurer.
1) Crawford & Company Adjusters (Malaysia) Sdn Bhd
2) Maphilindo International Sdn Bhd
3) Cunningham Lindsey Adjusters (M) Sdn Bhd
4) MSM International Adjusters (Malaysia) Sdn Bhd
Subject otherwise to the terms, conditions and exceptions of this
Policy.

3. Waiver of Subrogation (Name Insured only)

It is agreed and understood that if any payment is made under this


policy in respect of claim for an accident and the Insurer is thereupon
subrogated to all the Insured’s rights of recovery in relation thereto,
the Insurer shall not exercise any such right of subrogation against
any co-insured party under this policy and other interested parties.
Subject otherwise to the terms, conditions, exceptions and limitations
of the said policy.

4. Loss Notification (30 days)

The insured shall within 30 days of becoming aware, notify the insurers
of any and all circumstances that may lead to a claim under this
policy.

Page 28 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

5. Terrorism Exclusion Clause (NMA 2920)

It is understood and agreed that notwithstanding any terms, conditions


and provisions contrary to this Policy or any Endorsement thereto, this
Policy excludes any loss, damage, cost or expense of whatsoever nature
directly or indirectly caused by, resulting from or in connection with
any act of Terrorism regardless of any other cause or event
contributing concurrently or in any other sequence to the loss.

"Terrorism” means the use of any weapon or device or any agent during
the Period of Insurance by any person or group(s), of persons, whether
acting alone or on behalf of or in connection with any organization(s)
or government(s), committed for political, religious, or ideological
purposes or reasons including the intention to influence any government
and/or to put the public, or any section of the public, in fear.

If the Underwriters allege that by reason of this exclusion, any loss,


damage, cost or expense is not covered by this Insurance the burden of
proving the contrary shall be upon the Assured. In the event any
portion of this clause is found to be invalid or unenforceable, the
remainder shall remain in full force and effect.

6. Electronic Data Endorsement B NMA 2915 25/01/01

1) Electronic Data Exclusion


Notwithstanding any provision to the contrary within the Policy or any
endorsement thereto, it is understood and agreed as follows:
a) This Policy does not insure loss, damage, destruction, distortion,
erasure, corruption or alteration of ELECTRONIC DATA from any cause
whatsoever (including but not limited to COMPUTER VIRUS) or loss of
use, reduction in functionality, cost, expense of whatsoever nature
resulting therefrom, regardless of any other cause or event
contributing concurrently or in any other sequence to the loss.

ELECTRONIC DATA means facts, concepts and information converted to a


form useable for communications, interpretation or processing by
electronic and electromechanical data processing or electronically
controlled equipment and includes programmes, software and other coded
instructions for the processing and manipulation of data or the
direction and manipulation of such equipment.

COMPUTER VIRUS means a set of corrupting, harmful or otherwise


unauthorised instructions or code including a set of maliciously
introduced unauthorised instructions or code, programmatic or
otherwise, that propagate themselves through a computer system or
network of whatsoever nature. COMPUTER VIRUS includes but is not
limited to “Trojan Horses”, “Worms” and “time or logic bombs.

b) However, in the event that a peril listed below results from any of
the matters described in paragraph a) above, this Policy, subject to
all its terms, conditions and exclusions, will cover physical damage
occurring during the Policy period to property insured by this Policy
directly caused by such listed peril.

Page 29 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

Listed Perils

Fire

Explosion

2)Electronic Data Processing media Valuation


Notwithstanding any provision to the contrary within the Policy or any
endorsement thereto, it is understood and agreed as follows:

Should electronic data processing media insured by this Policy suffer


physical loss or damage insured by this Policy, then the basis of
valuation shall be the cost of the blank media plus the costs of
copying the ELECTRONIC DATA from back-up or from originals of a
previous generation. These costs will not include research and
engineering nor any costs of recreating, gathering or assembling such
ELECTRONIC DATA. If the media is not repaired, replaced or restored the
basis of valuation shall be the cost of the blank media. However this
Policy does not insure any amount pertaining to the value of such
ELECTRONIC DATA to the assured or any other party, even if such
ELECTRONIC DATA cannot be recreated, gathered or assembled.

7. Institute radioactive Contamination, chemical, biological, biochemical


and electromagnetic Weapons Exclusion Clause 10/11/03 CL 370

This clause shall be paramount and shall override anything contained in


this insurance inconsistent therewith

In no case shall this insurance cover loss damage liability or expense


directly or indirectly caused by or contributed to by or arising from

1. ionising radiations from or contamination by radioactivity from any


nuclear fuel or from any nuclear waste or from the combustion of
nuclear fuel

2. the radioactive, toxic, explosive or other hazardous or


contaminating properties of any nuclear installation, reactor or other
nuclear assembly or nuclear component thereof

3. any weapon or device employing atomic or nuclear fission and/or


fusion or other like reaction or radioactive force or matter

4. the radioactive, toxic, explosive or other hazardous or


contaminating properties of any radioactive matter. The exclusion in
this sub-clause does not extend to radioactive isotopes, other than
nuclear fuel, when such isotopes are being prepared, carried, stored,
or used for commercial, agricultural, medical, scientific or similar
peaceful purposes

5. any chemical, biological, bio-chemical, or electromagnetic weapon.

8. Political Risks Exclusion

Notwithstanding any provision to the contrary within this reinsurance


or any endorsement thereto it is agreed that this reinsurance excludes
loss, damage, cost or expense of whatsoever nature directly or
indirectly caused by, resulting from or in connection with any of the
following regardless of any other cause or event contributing
concurrently or in any other sequence to the loss:

Page 30 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

(1)war, invasion, acts of foreign enemies, hostilities or warlike


operations (whether war be declared or not), civil war, rebellion,
revolution, insurrection, civil commotion assuming the proportions of
or amounting to an uprising, military or usurped power; or
(2)any act of terrorism.

For the purpose of this endorsement an act of 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
ethnic purposes or reasons including the intention to influence any
government and/or to put the public, or any section of the public, in
fear.

This endorsement also excludes loss, damage, cost or expense of


whatsoever nature directly or indirectly caused by, resulting from or
in connection with any action taken in controlling, preventing,
suppressing or in any way relating to (1) and/or (2) above.

If the Insurers allege that by reason of this exclusion, any loss,


damage, cost or expense is not covered by this insurance the burden of
proving the contrary shall be upon the Insured.

9. Cover For Unexploded Bombs Endorsement

It is agreed that loss or damage caused by hidden bombs, land mines,


ammunition or other engines of war left below ground or under water
prior to commencement of work in connection with the Project shall not
be considered as "war risks" as excluded by the General Exclusion a)
of this Policy.

Subject otherwise to the terms, conditions, provisions, exclusions and


exceptions of the Policy.

10. Sanction Limitation & Exclusion Clause LMA3100

No (re)insurer shall be deemed to provide cover and no (re)insurer


shall be liable to pay any claim or provide any benefit hereunder to
the extent that the provision of such cover, payment of such claim or
provision of such benefit would expose that (re)insurer to any
sanction, prohibition or restriction under United Nations resolutions
or the trade or economic sanctions, laws or regulation of the European
Union, United Kingdom or United States of America.

11. War and Civil War Exclusion Clause NMA464 1/1/38

(Approved by Lloyd’s Underwriters’ Non-Marine Association)

Notwithstanding anything to the contrary contained herein this Policy


does not cover Loss or Damage directly or indirectly occasioned by,
happening through or in consequence of war, invasion, acts of foreign
enemies, hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, military or usurped power or
confiscation or nationalisation or requisition or destruction of or
damage to property by or under the order of any government or public
or local authority.

12. Primary Insurance

This Policy shall be primary insurance with respect to any policy


effected by any Insured and the Insurer waives any claims or demands
to share in any of the Insureds' policies.

Page 31 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

13. Non Vitiating Act Clause

In the event that the insurers are entitled to avoid liability from
any of the insured parties in circumstances of fraud,
misrepresentation, non-disclosure or breach of any warranty or
condition of this policy committed by that insured party (each
referred to as a "Vitiating Act"), the Vitiating Act committed by one
insured party shall not prejudice the right to indemnity of any other
insured party who has an insurable interest and who has not committed
a Vitiating Act.

14. Multiple Insured Clause


a) It is noted and agreed that if the Insured described in the
schedule comprises more than one insured party each operating as a
separate and distinct entity then (save as provided in this Multiple
Insureds Clause) cover hereunder shall apply in the same manner and to
the same extent as if individual policies had been issued to each such
insured party provided that the total liability of the Insurer to all
of the insured parties collectively shall not exceed the sums insured
and limits of indemnity including any inner limits set by memorandum
or endorsement stated in the policy.

b) It is understood and agreed that any payment or payments by


Insurers to any one or more such insured parties shall reduce to the
extent of that payment insurers liability to all such parties arising
from any one event giving rise to a claim under this policy and (if
applicable) in the aggregate.

c) It is further understood that the insured parties will at all times


preserve and enforce the various contractual agreements entered into
by the insured parties and the contractual remedies of such parties in
the event of loss or damage.

d) It is further understood and agreed that Insurers shall be entitled


to avoid liability to any of the insured parties in circumstances of
fraud, misrepresentation, non-disclosure or breach of any warranty of
this policy committed by that insured party each referred to in this
clause as Vitiating Act.

e) It is however agreed that (save as provided in this Multiple


Insured’s Clause) a Vitiating Act committed by one insured party shall
not prejudice the right to indemnity of any other insured party who
has an insurable interest and who has not committed a Vitiating Act.

f) Insurers hereby agree to waive all rights of subrogation which they


may have or acquire against any insured party except where the rights
of subrogation or recourse are acquired in consequence or otherwise
following a Vitiating Act in which circumstances Insurers may enforce
such rights notwithstanding the continuing or former status of the
vitiating party as an Insured.

Nothing contained in the foregoing shall be taken to confer on


Insurers any rights of subrogation that do not exist in law.

This clause is subject otherwise to the terms, conditions and


exceptions of this Policy.

Page 32 of 36
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Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

15. Claims Co-Operation Clause

Notwithstanding anything to the contrary contained in this Reinsurance


it is a condition precedent to Reinsurers' liability under this
Reinsurance that:

a) The Reinsured shall give to the Reinsurer(s) written notice as soon


as reasonably practicable of any claim made against the Reinsured in
respect of the business reinsured hereby or of its being notified of
any circumstances which could give rise to such a claim.

b) The Reinsured shall furnish the Reinsurer(s) with all information


known to the Reinsured in respect of claims or possible claims
notified in accordance with (a) above and shall thereafter keep the
Reinsurer(s) fully informed as regards all developments relating
thereto as soon as reasonably practicable.

c) The Reinsured shall co-operate with the Reinsurer(s) and any other
person or persons designated by the Reinsurers in the
investigation, adjustment and settlement of such claim notified to
the Reinsurer(s) as aforesaid.

16. Cut - Through Clause

For value received, the REINSURERS hereon agree to pay directly to the
INSURED of this POLICY, claims monies due in respect of valid and
agreed claims under this POLICY provided that all the following
conditions are fulfilled:

1. The REINSURED must have either (i) admitted the claim as to


liability and have agreed the quantum of the claim as per the terms
and conditions of the POLICY or (ii) has been required to make payment
in accordance with the arbitration clause of said POLICY or by non-
appealable court decision;

2. The REINSURED (or in the case of its bankruptcy, the official


receiver) must instruct the REINSURERS in writing to make a payment
directly to the claimant, provided that the instruction given to the
REINSURERS by the REINSURED, or its receiver, is irrevocable and
provided further that the REINSURERS payment to the claimant relieves
it of any and all liability towards the REINSURED, or its receiver,
with respect to such quantum of the claim in question paid by the
REINSURERS.

3. If applicable, before making a payment under the terms of this


clause, the REINSURED has to prove to the REINSURERS satisfaction that
a payment to the claimant will not violate applicable insurance,
currency or exchange regulations.

4. Before making a payment hereunder the REINSURERS shall have the


right to deduct from such payment any balances relating to said
insurance POLICY owed by the REINSURED to the REINSURERS; provided,
however that the REINSURERS maintain adequate accounting procedures
with respect to said insurance Policy; and provided further that the
REINSURERS inform the INSURED of such overdue balance.

It is further agreed that each REINSURER is only liable for their


signed share of the Reinsurance Policy and that no joint
responsibility exists.

It is further agreed that this Cut Through Clause will not be amended
or withdrawn by the REINSURED during the currency of this POLICY
without the express written agreement of the INSURED herein and the
REINSURERS hereto.

Page 33 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

17.Simultaneous Settlement Clause (LPO 438)

Reinsurers agree to pay their share of any loss/claim herein


simultaneously with Cedants/Insurers participating in the original
insurance.

18. Endorsement – Hold Harmless Agreement, Claims Payment Condition &


Limit of Liability

The Insured unconditionally and irrevocably agrees that:-

i. The Company's obligation to pay any claim(s) made under this


Policy is subject to :-

a. the claim(s) being approved by both Lonpac Insurance Bhd


and The People’s Insurance Company of China (Hong Kong),
LTD; and
b. The People’s Insurance Company of China (Hong Kong), LTD
having first paid their portion of the payable reinsured
risk;

ii. The provisions relating to the Company's Limit of Liability


under this Policy are hereby modified whereby the Company's
Limit of Liability under this Policy shall be limited to the
percentage of risk retained by the Company and shall not
include the percentage of risk ceded out to The People’s
Insurance Company of China (Hong Kong), LTD; and

iii. The Insured agrees to hold the Company and/or its agents
and/or servants harmless from any claims and/or losses and/or
expenses incurred by the Insured which are not recoverable
from The People’s Insurance Company of China (Hong Kong),
LTD.

19. Arbitration Clause

Arbitration Clause
If any dispute on difference, controversy or claim arising out of or
relating to this Agreement, or the breach, termination or invalidity
thereof between the REINSURED and the REINSURER (hereinafter in this
Article referred to as THE PARTIES) hereto then and in every such case
the dispute shall be referred to and finally resolved by arbitration
in Kuala Lumpur, Malaysia in accordance with the Rules for Regional
Centre for Arbitration Kuala Lumpur ('RCAKL'), which uses the United
Nations Commission on International Trade Law ('UNCITRAL') Rules of
Arbitration 1976 for the time being in force, which rules are deemed
incorporated by reference into this Clauses unless otherwise agree by
THE PARTIES.

The arbitration tribunal shall consist of sole arbitrator, which


appointed must be agreeable by THE PARTIES in accordance to
Arbitration Tribunal, sub-clause below. The official language of the
arbitration tribunal shall be in English text and this Agreement shall
be governed by and construed in accordance with the Laws of Malaysia.

Page 34 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

Arbitration Tribunal Clause


Unless THE PARTIES agree to the appointment of a Sole Arbitrator and
the nominated Sole Arbitrator within thirty days of one's receiving a
written request from the other who initiate the arbitration action
otherwise the claimant (the PARTY requesting arbitration) shall
appoint his arbitrator and give written notice thereof to the
respondent and within thirty days of receiving such notice, the
respondent shall appoint his arbitrator and give written notice
thereof to the claimant. Should the respondent fail to respond within
the given time period, the claimant may apply to the Chairman of RCAKL
to nominate an Arbitrator on behalf of the respondent.

Should the Arbitrators constituting the Arbitration Tribunal being


unable to achieve a consensus decision or agreement, then they shall
within thirty days of such disagreement appoint an Umpire to whom the
matter in difference shall be referred. Should the Arbitrators fail,
refuse or neglect to appoint an Umpire within such period then either
of them or THE PARTIES may apply to the Chairman of RCAKL for the
appointment of the Umpire, which appointment must be agreed upon by
THE PARTIES.

Unless THE PARTIES otherwise agree the appointed Arbitrators shall


consist of persons currently or in the past employed or engaged in a
senior executive position in insurance or reinsurance underwriting of
business similar to that covered under this Agreement.

Procedural Rules
Not contrary to UNCITRAL, the Arbitration Tribunal shall have power
to fix all procedural rules for the holding of the arbitration
including discretionary power to make orders as to any matters which
it may consider proper in the circumstances of the case with regard
to pleadings, discovery inspection of documents examination of
witnesses and any other matter whatsoever relating to the conduct of
the arbitration and may receive and act upon such evidence whether
oral or written strictly admissible or not as it shall in its
discretion think fit. The Arbitration Tribunal shall be relieved
from all judicial formalities and shall interpret this Agreement
from a practical view and from equity as an honourable engagement
entered into on a friendly basis rather than strictly according to
the letter of the law.

All costs of arbitration shall be at the discretion of the


Arbitration Tribunal who may direct to and by whom and in what
manner they shall be paid.

Enforcement of Award
The Award of the Arbitration Tribunal shall state the reasons
thereof and shall be in writing and be signed and shall be binding
upon THE PARTIES who covenant to carry out the same. If either of
THE PARTIES should fail to carry out any award the other may apply
for its enforcement to a court of competent jurisdiction in any
territory in which the party in default is domiciled or has assets
or carries on business.

Page 35 of 36
THE SCHEDULE

Class of Policy : CONTRACTOR'S ALL RISKS Policy No. : W/17/EC00/036718/KUL-83

20. Automatic Extension Of Period Of Insurance Clause

It is hereby declared and agreed that the Period of Insurance under


this Policy shall be automatically extended for a period of 6
months without any charge of additional premium. This automatic
extension would only be applicable up to a maximum of 6 months from
the Policy’s original expiry date and any further extensions are to
be agreed by the Insurers and premium to be charged accordingly.

Subject otherwise to the terms, conditions, provisions, exclusions


and exceptions of the Policy.

LONPAC INSURANCE BHD

CHIEF OPERATING OFFICER

ELECTRONIC CREDIT PAYMENT


We encourage you to opt for the Electronic Credit Payment (ECP) facility to allow any Premium Refund and/or Claims
Payment to be conveniently credited into your bank account.
http://www.lonpac.com/web/my/epayment-facility
ELECTRONIC DOCUMENT DELIVERY
You may choose to receive soft copy of your insurance documents via email for a faster and more effective delivery.
For Registered User : http://www.lonpac.com/web/my/customers-login
For Unregistered User : https://eportal.lonpac.com/ePortal/user/application/user_registration.jsp

Page 36 of 36
MALAYSIA RAIL LINK SDN BHD AS THE
EMPLOYER

E-8-15 PLAZA MONT KIARA


NO. 2 JALAN KIARA MONT KIARA
50480 KUALA LUMPUR

WORKMEN'S
COMPENSATION
POLICY

Policy No. : W/17/WC00/043566/KUL-00


Account No. : W59127/KUL-6
W/59127/KUL - LL1

PRIVACY POLICY
For information on our privacy policy, please visit our website www.lonpac.com/web/my/privacy_policy_my
17/WC00/Jan v-4.47.0

Bagi maklumat mengenai polisi privasi kami, sila lawat laman web kami www.lonpac.com/web/my/privacy_policy_my

PRODUCT DISCLOSURE SHEET


For general information on our products, you can refer to the Product Disclosure Sheet at www.lonpac.com/web/my/product-disclosure-sheet
Bagi maklumat am mengenai produk kami, sila rujuk Lembaran Pendedahan Produk di www.lonpac.com/web/my/product-disclosure-sheet
LONPAC INSURANCE BHD (307414-T)
Head Office: LG, 6th, 7th, 21st to 26th Floor, Bangunan Public Bank, No.6, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.
P.O.Box 10708, 50722 Kuala Lumpur.
Tel: (03) 2262 8688, 2723 7888 Fax: (03) 2715 1332, 2078 7455, 2034 2654, 2715 0722, 2072 3385, 2715 0696, 2723 7886
Website: www.lonpac.com
(GST Reg. No. : 002013003776)

THE SCHEDULE

Class of Policy : WORKMEN'S COMPENSATION Policy No. : W/17/WC00/043566/KUL-00

Insured : Refer Below


Replacing C/Note No : N/A

Address : E-8-15 PLAZA MONT KIARA


NO. 2 JALAN KIARA MONT Replacing Policy No : N/A
KIARA
50480 KUALA LUMPUR Account No : W59127/KUL-6 A /

Insured (in full) : MALAYSIA RAIL LINK SDN BHD AS THE EMPLOYER, CHINA COMMUNICATIONS
CONSTRUCTION COMPANY LTD AND/OR CHINA COMMUNICATIONS CONSTRUCTION
COMPANY (M) SDN BHD AS THE EPC CONTRACTOR, AND/OR ANY EMPLOYER
REPRESENTATIVES AND/OR ANY SUPERVISORS AND/OR ANY SUB-CONTRACTORS
AND/OR ANY SUPPLIERS AND/OR ANY CONSULTANTS TO THE EXTENT REQUIRED
BY THE CONTRACT BUT ONLY IN RESPECT OF THEIR MANUAL ON-SITE
ACTIVITIES FTRR&I

PERIOD OF INSURANCE : From 16-04-2017 To 30-06-2024


MAINTENANCE/DEFECTS-LIABILITY PERIOD : From 01-07-2024 To 30-06-2026 } (both dates inclusive)

Annual Premium : Policy Premium :

Gross Premium : Goods and Services Tax :

Stamp Duty :

Policy Premium : Total Due :

Replacing Certificate No : N/A


PLACE/PLACES OF EMPLOYMENT :
FROM WAKAF BHARU TO ITT GOMBAK FOR THE CONTRACTOR'S OTHER AREAS OF WORK, SUCH
AS OFFSITE STORAGE, CAMPS, YARDS, OFFICES

ITEM NO. OCCUPATION OF EMPLOYEES ESTIMATED WAGES, SALARIES


AND OTHER EARNINGS

00001 ON ALL WORKERS WHO ARE ENGAGED IN As Agreed


CONNECTION WITH "EAST COAST RAIL LINK
PROJECT, MALAYSIA"
.
Total Estimated Earnings As Agreed

Common Law Liability Limit per Accident : RM10,000,000.00


W/59127/KUL - LL1

This policy is subject to the following endorsements, warranties and clauses as printed in this policy or added thereon
or attached thereto and form part of this policy.
ENDORSEMENTS:
JURISDICTION CLAUSE
-------------------
The Company shall not be liable to pay for :-
17/WC00/Jan v-4.47.0

.
1. Compensation for damages in respect of judgement not delivered or
obtained from a court of competent jurisdiction within Malaysia.

Page 1 of 6
LONPAC INSURANCE BHD (307414-T)
Head Office: LG, 6th, 7th, 21st to 26th Floor, Bangunan Public Bank, No.6, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.
P.O.Box 10708, 50722 Kuala Lumpur.
Tel: (03) 2262 8688, 2723 7888 Fax: (03) 2715 1332, 2078 7455, 2034 2654, 2715 0722, 2072 3385, 2715 0696, 2723 7886
Website: www.lonpac.com
(GST Reg. No. : 002013003776)
THE SCHEDULE

Class of Policy : WORKMEN'S COMPENSATION Policy No. : W/17/WC00/043566/KUL-00

.
2. Costs and expenses of litigation recovered by any claimant from
the Insured which are not incurred in and recovered in Malaysia.
.
Subject otherwise to the terms, conditions, provisions, exclusions
and exceptions of the Policy.
.
LOSS NOTIFICATION
-----------------
Notwithstanding anything contained herein to the contrary, it is
agreed that this insurance will not be prejudiced by any inadvertent
delay, errors or omissions in notifying the Insurers of any
circumstances or events giving rise or likely to give rise to a claim
under this Policy.
.
The Insured is however required to advise the Company not later than
30 days after occurrence of the event.
.
WORK AWAY RISK
--------------
The Policy is extended to include the Insured's liability as within
defined in respect of accident to the employees of the Insured covered
under this Policy whilst temporarily working outside Malaysia and
arising out of and in the course of the Business of the Insured.
.
EMPLOYEE TO EMPLOYEE (VICARIOUS) LIABILITY
------------------------------------------
If any person under a contract of service or apprenticeship with the
Insured shall sustain bodily injury by accident or disease caused
during the Period of Insurance and arising out of and in the course
of his employment by the Insured in the Business stated in the
Schedule the Company will at the request of the Insured indemnify any
other employee of the Insured engaged in such business against
liability at law to pay compensation and claimant's costs and
expenses in respect of such injury and will in addition pay all costs
and expenses incurred with its written consent.
.
Provided that the employee claiming to be indemnified shall as though
he were the Insured observe, fulfill and be subject to the terms of
the Policy insofar as they can apply.
.
TEMPORARY VISITS OVERSEAS ENDORSEMENT
-------------------------------------
Notwithstanding anything contained herein to the contrary this Policy
extends to cover legal liability of the Insured as within defined in
respect of travel out of the territorial limits by Directors or
employees of the Insured, but excluding the U.S.A. and Canada.
.
VOLUNTARY WORKMEN'S COMPENSATION ENDORSEMENT
--------------------------------------------
Subject otherwise to the terms, conditions and exclusions of this
Policy, the coverage by this Policy is extended as follows:
.
1. EMPLOYEES COVERED
.
W/59127/KUL - LL1

Such insurance as is provided by this Policy shall also apply to


employees in the lnsured's immediate service for work within
Malaysia at or from the place or places of employment stated in
the Schedule and who are registered with the Social Security
Organisation (hereinafter called SOCSO) in accordance with
Employees Social Security including any amendments thereof.
.
17/WC00/Jan v-4.47.0

2. INSURANCE PROVIDED
.

Page 2 of 6
LONPAC INSURANCE BHD (307414-T)
Head Office: LG, 6th, 7th, 21st to 26th Floor, Bangunan Public Bank, No.6, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.
P.O.Box 10708, 50722 Kuala Lumpur.
Tel: (03) 2262 8688, 2723 7888 Fax: (03) 2715 1332, 2078 7455, 2034 2654, 2715 0722, 2072 3385, 2715 0696, 2723 7886
Website: www.lonpac.com
(GST Reg. No. : 002013003776)
THE SCHEDULE

Class of Policy : WORKMEN'S COMPENSATION Policy No. : W/17/WC00/043566/KUL-00

Where possible, in respect of above mentioned employees the


Company agrees to pay voluntarily on behalf of the Insured, or
where not possible, the Company agrees to indemnify the Insured
for such amounts as the Insured would have been obliged to pay by
way of compensation if the under mentioned laws were applicable
and if the Employee(s) covered sustains injury by accident or
disease arising out of and in the course of his employment by the
Insured in the Business.
.
"Workmen's Compensation Ordinance 1952 (Federation of Malaya)"
.
"Workmen's Compensation (Amendment) Ordinance 1956 (Federation of
Malaya)"
.
"Workmen's Compensation (Amendment) Act 1976"
.
"Workmen's Compensation (Amendment) Act 1996"
.
Provided that:
.
(a) At its option, the Company may request the Insured to pay such
sum due directly to the person entitled thereto. Upon receipt
of proof of payment to the satisfaction of the Company, the
Company will reimburse the Insured for such payments.
.
(b) Any person to whom any such compensation payment may be made
shall, as a condition precedent to such payment execute such
full legal release, as may be required by the Company, of all
claims against the Insured and/or the Company on account of
such injury, and shall execute an assignment to the Company of
any right of action and the proceeds thereof which he may have
against any person or organisation, other the Insured which is
or may be liable for such injuries. If, by virtue of such
assignment, the Company collects an amount in excess of the
compensation payments made or agreed to be made, the Company
shall be entitled to, and shall retain from the amount
recovered its expenses incident to such recovery and the
amount of the compensation payments made or agreed to be made
and shall pay any remaining balance of the amount recovered to
the person executing such assignment. The Company shall have
full power and discretion to proceed against the party at
fault, to settle with such party upon such terms as may be
desirable to it, or take no action against such party.
.
(c) If a person entitled to compensation under this extension shall
refuse to accept or to continue receiving voluntary payment
offered hereunder, or if the Insured shall request that the
Company refuse to offer or to continue making such payment,
the Company may at its discretion refuse to make such offer or
payment or may withdraw, without notice, any offer or
undertaking it has previously made, in which event the
Company's obligation and liability under this extension shall
cease forthwith.
.
(d) Any claim, suit or demand made or prosecuted against the
W/59127/KUL - LL1

insured or the Company for damages for such injury shall be


considered as a refusal to accept such voluntary payment.
Provided always that in the event of any change in the law(s)
or the substitution of other legislation therefore this Policy
shall remain in force but the liability of the Company shall
be limited to such sum as the company would have been liable
to pay if the law(s) had remained unaltered.
17/WC00/Jan v-4.47.0

.
3. TEMPORARY TOTAL DISABILITY LIMITATION

Page 3 of 6
LONPAC INSURANCE BHD (307414-T)
Head Office: LG, 6th, 7th, 21st to 26th Floor, Bangunan Public Bank, No.6, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.
P.O.Box 10708, 50722 Kuala Lumpur.
Tel: (03) 2262 8688, 2723 7888 Fax: (03) 2715 1332, 2078 7455, 2034 2654, 2715 0722, 2072 3385, 2715 0696, 2723 7886
Website: www.lonpac.com
(GST Reg. No. : 002013003776)
THE SCHEDULE

Class of Policy : WORKMEN'S COMPENSATION Policy No. : W/17/WC00/043566/KUL-00

.
Should the amount of compensation payable under this extension in
respect of Temporary Total or Partial Disability to any one
Employee covered plus similar compensation payable under SOCSO
plus any earning from the Insured exceed the usual earnings of
such Employee, the amount under this policy shall be reduced by
the amount in excess of such usual earnings.
.
4. COMPLIANCE WITH STATUTORY LIMITATION
.
It is agreed that the insurance provided under this extension
shall not be construed by the Insured as an exemption to comply
with any statutory obligation including registration of employees
with SOCSO, where applicable.
.
5.COMPLIANCE WITH OTHER TERMS AND CONDITIONS
.
Provided that, except for the alterations made by this
endorsement, all other Policy terms, conditions, exceptions and
provisions, remain in full force and effect.
.
ENDORSEMENT A (EMPLOYER)
------------------------
It is hereby understood and agreed that in the event of any workmen
employed by the within Insured or by the Insured's Contractor as
referred to in Endorsement "B" hereon or any dependent of such
workmen, bringing or making a claim under the Workmen's Compensation
Ordinance(s) in force in Malaysia against any Officer of the Employer
for personal injury, death or disease sustained whilst at work on any
Contract covered by the terms and conditions of the within Policy
which the Insured may be carrying out for the said Officer or
Employer, the Company will indemnify the said Officer or Employer
against such claim and any costs, charges and expenses in respect
thereof. Provided always that the Company shall be entitled to have
the sole conduct and control of all proceedings connected in respect
thereof. Nothing in the Endorsement shall be construed as affecting
the Insured's right to recover damages in any other way under the
said Ordinance(s).
.
.
ENDORSEMENT B (GOVERNMENT/EMPLOYER)
-----------------------------------
It is hereby understood and agreed that the indemnity herein granted
is intended to cover the legal liability of the Insured to workmen in
the employment of Contractors performing work for the Insured while
engaged in the business and occupation in respect of which the within
Policy is granted but only so far as regards claims under the
Workmen's Compensation Ordinance(s) in force in Malaysia.
.
ENDORSEMENT W.60
----------------
It is hereby understood and agreed that subject otherwise to the Terms
Exceptions and Conditions of the Policy the indemnity herein granted
is extended to cover the legal liability of the Insured to workmen in
the employment of sub-contractors performing work for the Insured
W/59127/KUL - LL1

while engaged in the business and occupation in respect of which the


within policy is granted, but only so far as regards claims under
.
Workmen's Compensation Ordinance 1952
Workmen's Compensation (Amendment) Ordinance 1956
Workmen's Compensation (Amendment) Ordinance 1976
Modification of Laws (Workmen Compensation)
17/WC00/Jan v-4.47.0

(Extension and Modification Order 1981)


.

Page 4 of 6
LONPAC INSURANCE BHD (307414-T)
Head Office: LG, 6th, 7th, 21st to 26th Floor, Bangunan Public Bank, No.6, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.
P.O.Box 10708, 50722 Kuala Lumpur.
Tel: (03) 2262 8688, 2723 7888 Fax: (03) 2715 1332, 2078 7455, 2034 2654, 2715 0722, 2072 3385, 2715 0696, 2723 7886
Website: www.lonpac.com
(GST Reg. No. : 002013003776)
THE SCHEDULE

Class of Policy : WORKMEN'S COMPENSATION Policy No. : W/17/WC00/043566/KUL-00

including subsequent amendments to the said Ordinance and Enactment


passed prior to the date of this endorsement.
.
ENDORSEMENT W.76
----------------
In consideration of premium being paid on the total earnings of all
employees not being workmen within the meaning of the Workmen's
Compensation Ordinance 1952 Workmen's Compensation (Amendment)
Ordinance 1956 and Workmen's Compensation (Amendment) Act 1976 it
is hereby agreed that the Company will not in the event of any
accident arising out of and in the course of employment to any such
employee whilst engaged in the service of the Insured as set forth
in the said schedule raise the defence that such employee is not
a workman within the meaning of the aforesaid Ordinance.
.
ENDORSEMENT W.77
----------------
In consideration of the premium being paid on the total earnings of
the employees described in the Schedule hereunder, not being workmen
as defined in the Workmen's Compensation Ordinance 1952, Workmen's
Compensation (Amendment) Ordinance 1956 and Workmen's Compensation
(Amendment) Act 1976 it is hereby agreed that the within Policy is
extended to indemnify the Insured in respect of his liability at
Common Law for accidents to such employees arising out of and in the
course of employment.
.
ENDORSEMENT W.194
-----------------
In consideration of premium being paid on the total payment to
Contractors who contract to provide labour only, it is hereby agreed
that in the event of accidents sustained by such Contractors or
workmen engaged by such Contractors whilst working under contract
with the Insured in connection with the work in respect of which this
is granted, the Company will not raise the defence that there is no
contract of service between the Insured and such Contractors or
workmen engaged by such Contractors.
.

LONPAC INSURANCE BHD

CHIEF OPERATING OFFICER

ELECTRONIC CREDIT PAYMENT


We encourage you to opt for the Electronic Credit Payment (ECP) facility to allow any Premium Refund and/or Claims Payment
to be conveniently credited into your bank account.
http://www.lonpac.com/web/my/epayment-facility
ELECTRONIC DOCUMENT DELIVERY
You may choose to receive soft copy of your insurance documents via email for a faster and more effective delivery.
For Registered User : http://www.lonpac.com/web/my/customers-login
W/59127/KUL - LL1

For Unregistered User : https://eportal.lonpac.com/ePortal/user/application/user_registration.jsp


17/WC00/Jan v-4.47.0

Page 5 of 6
THIS PAGE IS INTENTIONALLY LEFT BLANK

W/59127/KUL - LL1
17/WC00/Jan v-4.47.0

Page 6 of 6
LONPAC INSURANCE BHD (307414-T)
Head Office: LG, 6th, 7th, 21st to 26th Floor, Bangunan Public Bank, No.6, Jalan Sultan Sulaiman, 50000 Kuala Lumpur.
P.O.Box 10708, 50722 Kuala Lumpur.
Tel: (03) 2262 8688, 2723 7888 Fax: (03) 2715 1332, 2078 7455, 2034 2654, 2715 0722, 2072 3385, 2715 0696, 2723 7886
Website: www.lonpac.com
(GST Reg. No. : 002013003776)

PRIVACY POLICY

The personal data you have provided to Lonpac Insurance Bhd (“Personal Data”) will be processed for the purpose of processing your
insurance application/proposal, provision of insurance related products or services or any addition, alteration, variation, cancellation,
renewal or reinstatement thereof, performing statistical/actuarial research or data study, promoting products and services and other
related purposes (collectively, “Purpose”).

Although you are not obliged to provide us with your Personal Data, we will not be able to process your application for insurance cover
or process your claim if you fail to provide all requested information.

Your Personal Data may be disclosed to any related company or any other company carrying on insurance or reinsurance related
business or an intermediary or a claims or investigation or other service provider and to any association, federation or similar
organisation of insurance companies that exists or is formed from time to time for the Purpose or to fulfil some legal or regulatory
function or is reasonably required in the interest of the insurance industry.

We may also disclose your Personal Data where such disclosure is required under the law, court orders or pursuant to guidelines
issued by regulatory or other relevant authorities, if we reasonably believe that we have a lawful right to disclose your Personal Data to
any third party or that we would have had your consent for such disclosure if you had known of the same, and/or if the disclosure is in
the public interest.

Please be informed that your Personal Data may also be transferred to companies which may be located outside Malaysia for the
Purpose.

You may make inquiries, complaints or request for access to or correction of your Personal Data or limit the processing of your Personal
Data at any time hereafter by submitting such request to:

Data Protection Officer


Address:
Lonpac Insurance Bhd
P.O. Box 10708
50722 Kuala Lumpur
Telephone : 03-2262 8688
Facsimile : 03-2715 1332
E-mail : customerservice@lonpac.com

We trust that you will consent and agree to the terms above with respect to the processing of your Personal Data.

POLISI PRIVASI

Data peribadi yang anda beri kepada Lonpac Insurance Bhd (“Data Peribadi”) akan diproses untuk tujuan memproses
permohonan/cadangan insurans, penyediaan produk atau perkhidmatan berkaitan insurans atau sebarang penambahan, pindaan,
perubahan, pembatalan, pembaharuan atau penyambungan, pelaksanaan penyelidikan statistik/aktuari atau kajian data, promosi
produk dan perkhidmatan dan untuk tujuan lain yang berkaitan (secara bersama, “Tujuan”)

Walaupun anda tidak diwajibkan untuk memberi kami Data Peribadi anda, kami tidak dapat memproses permohonan anda untuk
perlindungan insurans atau memproses tuntutan jika anda tidak memberikan semua maklumat yang diminta.

Data Peribadi anda mungkin didedahkan kepada mana-mana syarikat berkaitan atau mana-mana syarikat lain yang menjalankan
perniagaan berkaitan insurans semula atau syarikat perantara atau tuntutan atau penyiasatan atau penyedia perkhidmatan lain dan
kepada mana-mana persatuan, persekutuan atau organisasi syarikat insurans serupa yang wujud atau yang ditubuhkan dari semasa ke

14/PRN/PDPA/May v-1.0.0
semasa untuk Tujuan tersebut atau untuk memenuhi fungsi perundangan atau peraturan atau diperlukan dengan sewajarnya demi
kepentingan industri insurans.

Kami juga mungkin mendedahkan Data Peribadi anda apabila pendedahan sedemikian diperlukan di bawah undang-undang, atas
arahan mahkamah atau menurut garis panduan yang dikeluarkan oleh pihak berkuasa kawal selia atau pihak berkuasa lain, jika kami
percaya bahawa kami mempunyai hak di bawah undang-undang untuk mendedahkan Data Peribadi anda kepada mana-mana pihak
ketiga atau mungkin akan mendapatkan persetujuan bagi pendedahan tersebut jika anda mengetahui tentangnya, dan/atau jika
pendedahan adalah berasaskan kepentingan umum.

Anda dimaklumkan bahawa Data Peribadi anda juga boleh dipindahkan kepada syarikat-syarikat yang mungkin terletak di luar Malaysia
untuk Tujuan tersebut.

Anda boleh membuat pertanyaan, aduan atau permintaan untuk mendapatkan atau membetulkan Data Peribadi anda atau
mengehadkan pemprosesan Data Peribadi pada bila-bila masa selepas itu dengan mengemukakan permintaan tersebut kepada:

Pegawai Perlindungan Data


Alamat :
Lonpac Insurance Bhd
P.O. Box 10708
50722 Kuala Lumpur
Telefon : 03-2262 8688
Faksimile : 03-2715 1332
E-mel : customerservice@lonpac.com

Kami yakin bahawa anda akan memberikan kebenaran dan bersetuju dengan terma di atas berkaitan dengan pemprosesan Data
Peribadi anda.

Page 1 of 1

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