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BANGKOK INSURANCE PUBLIC COMPANY LIMITED

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Construction "All Risks" Material Damage and Third Party Liability Insurance Purple Line - Contract 2 Project Elevated Structures (West)

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MRTA - Purple Line - Contract 2 Elevated Structures (West) Project

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BANGKOK INSURANCE PUBLIC COMPANY LIMITED

Contractors' All Risks Policy No. 810-0141-82

OPERATIVE CLAUSE Whereas the Insured named in the Schedule herein has applied to the Insurer named in the Schedule (hereinafter called the Insurer), Now this Contract of Insurance witnesses that in consideration of the Insured having paid or agreed to pay to the Insurer the Premium stated in the Schedule the Insurer will indemnify the Insured in the manner and to the extent hereinafter provided. Provided always that the liability of the Insurer shall in no case exceed the amount of Sum Insured set out in the Schedule attaching to and forming part of this Contract of Insurance (hereinafter referred to as "the Policy") hereto and as amended or extended by the Terms of this Policy. IN WITNESS whereof I, being a representative of Bangkok Insurance Public Company Limited am duly authorised to sign on behalf of the Insurer, have hereunto subscribed my name This 27th day of May 2010.

Signed:

Company Name:

ok Insurance Public Company Limited

Company Stamp:

MRTA - Purple Line - Contract 2 Elevated Structures (West) Project

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BANGKOK INSURANCE PUBLIC COMPANY LIMITED

DEFINITIONS (Incorporated in, and forming part of, the Policy) Any word or expression to which a specific meaning has been given below shall bear such meaning wherever it may appear in the Policy, unless provided otherwise. Commercial Operations "Commercial Operations" mean the operation of the Project and the access of the Project to the public and the charging of fares. Period of Insurance: as stated in the Schedule
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Project Insured: as stated in the Schedule Project Site: the actual place or places to which Property Insured is to be delivered, or where work is to be undertaken, other than premises of the original manufacturers in performance of the Project Insured, together with so much of the area surrounding the said place or places as shall be used therefore, being within the Territorial Limits. In the event that Property Insured is returned to the manufacturers' premises from the Project Site for reworking, such manufacturers' premises are regarded as part of the Project Site. Property Insured: as stated in the Schedule Temporary Works: those things erected or constructed for the purpose of making possible the erection or installation of the permanent works of the Project, not intended topass to the ownership of the Employer at the Project completion. Insured: (i) Definition applying to Section 1: as stated in the Schedule. In addition to the person or entity nominated automatically include: in the Schedule, the "Insured" shall

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(a) The Contractor and Sub-Contractors to the extent of their activities involving the Project Insured and their interest therein; (b) any director, partner, executive officer, employee, agent-representative or shareholder of the Insured nominated in the Schedule and Paragraph-Ia) above.ibut only whilst acting within the scope oftheir duties in such capacities in connection with the Project Insured; .. (c) manufacturers and/or suppliers whilst on site, but only whilst acting within the scope of on site activities only their duties in connection with the Project Insured; (d) bankers, financiers, mortgagors and other similar lending and/or credit institutions, where an obligation exists under contract or agre ent to include their name as an Insured party in relation to the Project Insured; .• " ~~
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MRTA - Purple Line - Contract 2 Elevated Structures (West) Project

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the use of feedstock or other materials for processing or. including the use of feedstock or other materials for processing or other media to siinulate working conditions and in the case of electrical motors.(s. or in or· travel on...)_anY_Qther_RartY_O_r_:_perSQn_whenLthe_~Emplo~er_QLMain_ContractoLnominated_in_the Schedule and/or assumes an obligation under contract or agreement to include their name as an Insured in relation to the Project Insured.~".. transforming. General Exclusions. electrical generating. _ Testing and Commissioning: the checking of an item of insured plant or machinery or a component part thereof under load or operational conditions. In the event of more than one Deductible applying in respect of anyone occurrence of loss or damage only the highest single Deductible shall be applied. (which shall not be deemed to include. connection to a grid or other load circuit).Jl . Deductible. converting or rectifying plant or machinery. and which shall not reduce the Sum Insured or Indernnity Limits stated in the Schedule. craft or thing made or intended to float on water.. or rectifying plant or machinery.. or which would have been afforded indemnity but for the application of the Deductible. and without the firing of furnaces or the application of direct or indirect heat. Territorial Limits: as stated in the Schedule. Vehicle Any mechanically propelled machine including any attachments thereto designed to travel on wheels or on self-laid tracks and to be propelled by other than manual or animal power. transforming. converting.BANGKOK INSURANCE PUBLIC COMPANY LIMITED ___ _. ~ ~ "\".' MRTA· Purple Line . Definitions and Endorsements (if any) attaching to or fanning part of the: Policy. General Conditions.l'~"""'~ . electrical generating. in the case of electrical motors. Terms of this Policy: include the Schedule. the checking of component parts of insured plant or machinery by mechanical. craft or thing made or intended to fly or move in or through the atmosphere or space . through or under . hydrostatic or other forms of testing under dry run conditions to ensure that the items work. for which the Insurers shall hot be liable. the amount stated in the Schedule.Contract 2 Elevated Structures (West) Project 4 . Waterborne Craft Any vessel. Indemnifiable: an occurrence of accidental loss or damage for which indemnity is afforded hereunder the Policy. Aircraft Any vesse]. connection to a grid or other load circuit. General Memoranda. Memoranda.. Exclusions.. electrical..

including continuous or repeated exposure to substantially the same general conditions. Works "Works" shall mean the Permanent Works and the Temporary Works or either of them as appropriate. All Occurrences of a series consequent upon or attributable to one source or original cause shall be deemed to be one Occurrence. Taking Over "Taking-Over Certificate" shall have the same meaning as more fully described conditions of construction contract entered into between the Employer and Contactor. THB: Thai Baht. which first occurs during the Period of Insurance and results in subsequent Personal Injury andlor Property Damage as defined herein. III the MRTA .Purple Line .Contract 2 Elevated Structures (West) Project 5 . neither expected nor intended from the standpoint of the Insured.BANGKOK INSURANCE PUBLIC COMPANY LIMITED 1- Occurrence "Occurrence" shall mean an event. Pure Financial Loss "Pure Financial Loss" shall mean any financial andlor pecuniary loss where third party property damage andlor third party personal injury has not occurred first. USD: United States Dollar.

'. (ii) Exclusion (i) shall not apply to other Property insured which is free of such defective condition but is damaged as a consequence of such defect. treasury notes. APPLYING TO SECTION 1 Defective Design. Gradual Deterioration The costs necessary to rectify or make good gradual deterioration. Workmanship (DE 3) The costs necessary to replace. plan. oxidation. 4. plan. Materials. Property Insured lost or damaged to enable the replacement repair or rectification or Property insured excluded by (i) above.BANGKOK INSURANCE PUBLIC COMPANY LIMITED I I __SECTION 1. stamps or securities. . Unexplained Shortage loss or damage to Property Insured revealed only in the course of an inventory or stocktaking unless identifiable with a specific occurrence indemnified by the Policy. or rectify : (i) Property insured which is in a defective condition due to a defect in design. cheques. specification. materials or workmanship of such Property insured or any part thereof. corrosion. 2. larvae or vermin of any kind unless caused by a peril not otherwise excluded. postal orders. bank notes. mildew or deterioration.' . materials or workmanship in the Property Insured or any part thereof. but this Exclusion shall not apply to any consequent accidental loss or damage arising therefrom. EXCLUSIONS The Insurer shall not be Hable for: 1. insects. normal wear and tear.Purple Line . repair. :.MAIERIAL_l)AMAGE __ INSURING CLAUSE The Insurer will indemnify the Insured by payment of the cost of reinstatement replacement or repair in respect of accidental loss or damage to any of the Property Insured as defined herein arising during the Period of Insurance from any cause not excluded by the terms of this Policy: (a) (b) whilst at the Project Site(s) or any working area where Project work is being undertaken or whilst in storage or undergoing fabrication elsewhere or in transit within the Territorial Limits specified in the Schedule The liability of the Insurer shall not exceed the Sum Insured stated in the Schedule or such other sum or sums as may be substituted therefore by Memorandum herein during the currency of this Policy. . money orders. For the purpose of this Section of this Policy and not merely this Exclusion the Property Insured shall not be regarded as lost. specification. Money loss or damage to cash. j( """""'" ~ 3.. - ~ J MRTA . rust.Coutract 2 Elevated Structures'[ frroject 6 . destroyed or damaged solely by virtue of the existence of any defect in design.

(ii) which are lost or abandoned or damaged during driving or extraction. . Dredging or Re-dredging Costs dredging andlor re-dredging costs. {~ . MRTA . Special Conditions Concerning Piling Foundation and Retaining Wall Works (MR 121) It is agreed and understood that otherwise subject to the terms. ·'"'•". subcontractors or their employees.Contract 2 Elevated Structures (West) Project \. Normal Upkeep the cost of normal upkeep and normal making good. Normal Action of River or Tide loss or damage arising from the normal action of the river or tide. (I) for - reinstating profiles or dimensions. the Insurers shall not indemnify the Insured in respect of expenses incurred : (a) for replacing or rectifying piles or retaining wall elements: (i) which have become misplaced or misaligned or jammed during their construction. the Policy shall not exclude. (e) 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. Notwithstanding this exclusion. increased financing costs. tools. camps. Conn-actors' Constructional Plant. Personal Effects and Tools loss or damage to personal effects and tools of contractors.BANGKOK INSURANCE PUBLIC COMPANY LIMITED 5. 10. this Exclusion shall not apply to sea and air transits commencing and finishing within Thailand. (d) for filling voids or for replacing lost bentonite."". however. stores and the contents thereof as provided for in Memoranda 25 of the Policy. loss of revenue. Sea or Air Transit loss or damage to the Property Insured during sea or air transits. exclusions. 7. 8. Consequential Loss liquidated and ascertained damages for delays. or (iii) which have become obstructed by jammed or damaged piling equipment or casings.w. Pile Deviation deviation of piles. Equipmentvand Temporary Buildings~ loss or damage to contractors' or subcontractors constructional plant. loss of or damage to any temporary site offices. Tools. equipment. if such waterborne vessels are more than 10 metres in length. 11. or any other consequential loss or loss of use. (c) for rectifying any leakage or infiltration of material of any kind.~. site huts.JI . temporary buildings and contents. 12. provisions and conditions contained in the Policy or endorsed thereon. 9. Aircraft or Waterborne Vessels loss or damage to any aircraft or waterborne vessels. (b) for rectifying disconnected or dec1utched sheet piles. 7 . 14. non-completion or non-compliance with contract conditions.Purple Line . 13. 6.

~'Ihe of proving that such loss or damage is covered shall be upon the Insured. Hail. Lightning. distortion. medium. display. error in creating. (c) For the purposes of the Basis of Settlement provision in the Policy. Tsunami. Electronic Equipment Exclusion CE061101 a) The Policy does not insure: (i) (ii) total or partial destruction.' microchip. consequential loss insured by the Policy Further. corruption. access or use (iii) total or partial inability or failure to receive.Purple Line . the Policy. in the event that a peril listed below (being a peril insured by the Policy but for this Exclusion) is caused by any of the matters described in paragraph (a) above. Volcano.. subject to all its provisions.vfi1. and lor .Contract 2 Elevated Structures (West) Project . Cyclone. Flood. regardless of any other contributing cause or event whenever it may occur ELECTRONIC DATA means facts. concepts and information converted to a form useable for communications. or Theft of Electronic Data solely where such Theft is accompanied by Theft of the computer hardware. deleting or using ELECTRONIC send. distribution.:·.. integrated circuit or similar device containing such Electronic Data .. electricity sup systems associated with trains and/or train supply or installation. software and other coded instructions for such equipment I I r I (b) However. Earthquake. DATA. Windstorm. Tornado.I I BANGKOK INSURANCE PUBLIC COMPANY LIMITED ~-----This-Exclusion-shalLnoLapply-toJossor-damage-caused-by-naturaLhazards. Hurricane.. erasure. or alteration. Freezing. interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes. will insure: (i) (ii) physical loss of or damage or destruction to Property Insured directly caused by such listed peril. this Exclusion does not apply in the event that a peril listed below (being a peril insured by the Policy but for this Exclusion) causes any of the matters described in paragraph (a) above Fire. 17.~. misinterpretation or misappropriation of ELECTRONIC DATA. 15. firmware.1l MRTA . 16. ELECTRONIC DATA for any time or at all from any cause whatsoever. Impact by any Road Vehicle or Animal. to trains. Explosion. amending. Weight of Snow. bmden----- Cessation of Work loss or damage solely due to total or partial cessation of work against which the Insured shall have failed to take reasonable precautions to protect the Property Insured and to avoid or diminish the amount of such loss or damage. Bursting Overflowing Discharging or Leaking of Water Tanks Apparatus or Pipes. Installation of Tracks/Supply of Trains Any work associated with the installation of tracks. a computer systems records includes Electronic Data as defined in paragraph (a) above Any terrorism exclusion in the Policy or any endorsement thereto prevails over this Endorsement. Impact by Aircraft or other aerial objects dropped therefrom. entering. control ~ j 8 ·'JI'~:.

. suppressing. military or usurped power. committed for political. or in any way relating to (a) and/or (b) above. cost or expense of whatsoever nature directly or indirectly caused by. it excludes physical loss or damage.. the use of force or violence and/or the threat thereof. insurrection. If the Insurer alleges that by reason of this Exclusion. or in connection with. hostilities or warlike operations (whether war be declared or not). (a) above shall not apply to loss or damage arising from.. resulting from or in connection with any action taken in controlling. whether acting alone or on behalf of. the detonation or explosion of munitions of war. or occasioned by. cost or expense is not covered by this Policy.. arty of the following.or in connection with. rebellion. revolution. religious.. including. resulting from. any physical loss or damage. including the intention to influence any government and/or to put the public. or any section of the public.I BANGKOK INSURANCE PUBLIC COMPANY LIMITED I I I __ ~1_8_. civil war.. For the purposes of this Exclusion an act of terrorism means an act. of any person or group(s) of persons. The Policy also excludes physical loss or damage.____W_ar_and_T_eUQris_m Notwithstanding any provision to the contrary within the Terms of the Policy. invasion. or in any other sequence. ideological or similar purposes. or (b) any act of terrorism. but not limited to. acts of foreign enemies.. to the physical loss or damage. cost or expense of whatsoever nature directly or indirectly caused by. any organisation(s) or government(s). in or about the vicinity of the Project Site insured hereunder provided that the presence of such munitions does not result from a state of war in Thailand at the time of such loss or damage or 1iabi1ity>~"". (a) war. the remainder shall remain in full force and effect. the burden of proving the contrary shall be upon the Insured.. In the event that any portion of this Exclusion is found to be invalid or unenforceable. in fear.. preventing.~ _ I i I MRTA· Purple Line· Contract 2 Elevated Structures (West) Project 9 . regardless of any other cause or event contributing concurrently. However.

The cost of any provisional repairs will be borne by the Insurer if such repairs constitute part of the final repairs and do not increase the total repair expenses which would have been incurred. Notwithstanding the above. 3. Such costs shall include but not be limited to customs dues and taxes which are not otherwise recoverable by the Insured. shall not be recoverable 2.Purple Line .. as the case may be. 4. Currency Conversion It is agreed that in the event of expenditure by the Insured for repair. on the amount of payment pro rata temporis from the date of the loss or damage to the expiry of this Policy. that this expenditure will be reimbursed in the currency of that expenditure at the choice of the Insured at the rate of exchange to the currency expended as shown on the records of the • Bank of Thailand at the date of such expenditure. but the Insured shall pay to the Insurer an additional premium.Contract 2 Elevated Structures (West) Project 10 . Provided always that no additional premium will be payable where the claim or claims arising from one loss is less than THB 16. even though such costs may vary from original construction costs. Basis of Indemnity In the event of any loss or damage the basis of any settlement under the Policy shall be: The basis of indemnity under the Policy shall be the full cost of repairing. additions and/or improvements under the Policy. reinstating or replacing the Property Insured which has been lost or damaged. calculated at a rate not exceeding the agreed rate.000. The Insurer 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. Payments in respect of any individual claim under the Policy shall not reduce the Sum Insured. except as may be provided for herein. Automatic Reinstatement of the Sum Insured The liability of the Insurer shall not exceed the Sums Insured stated in the Schedule.500. Customs & Excise Duties The Policy indemnity extends to include reasonable customs and excise duties incurred by the Insured as part of the repair or replacement of any loss or damage indemnified under the Policy .BANGKOK INSURANCE PUBLIC COMPANY LIMITED MEMORANDA APPLYING TO SECTION 1 Memoranda are to be Subject otherwise to the Terms of this Policy the following incorporated in and deemed to form part of Section 1 of the Policy: 1. it is further agreed that settlement of the indemnity hereunder will extend to allow payment direct to the Employer for the purpose of undertaking repairs or reinstatement of Property Insured which is lost or damaged by a cause Indemnifiable under the Policy provided that any settlement made under this provision shall discharge the liability of the Insurer to any other party Insured hereunder in respect of such claim for loss or damage. replacement or rectification of Property Insured arising from an Indemnifiable loss hereunder in a currency that differs from the estimated contract value or the Sum Insured.f MRTA . The cost of any alterations.

except with the prior agreement of the Insurer.BANGKOK INSURANCE PUBLIC COMPANY LIMITED S. 6. provided that the value of such property is included in the Sum Insured of Item (a) stated in the Schedule and declared for the purposes of premium calculation.OOO..OOO. customs dues and the like. Extended Maintenance Cover The Policy will indemnify the Insured during the maintenance period specified in the Policy Schedule to cover loss of or damage to the Property Insured: caused by the insured contractor(s) in the course of their operations carried out for the purpose of complying with the obligations underthe maintenance provisions of the construction contract. to mininiize the extent of any loss or damage to the Property Insured including the cost ofmaterials expended. the cost of any repair. replacement or rectification.~"'_. 15% of the Sum Insured for Item (a) stated in the Schedule. express delivery (including air freight). bonus payments..p 7. Expediting Expenses/Airfreight In the event of loss or damage Indemnifiable under the Policy to the Property Insured. but excluding any such costs incurred solely to expedite the completion of any construction. i } MRTA . overtime. ~~ \ '\)'''-to~. The indemnity provided by this Memorandum shall not exceed 25% of the repair costs including airfreight or THB15. plant hire charges. not lost or damaged by a cause indemnified under the Policy.OOO anyone occurrence.. replacement or rectification shall include the additional costs of repairs or replacements. during the Period of Insurance.. Escalation Clause If at any time. the value of the Property Insured is expected to exceed the Sum Insured for Item (a) stated in the Schedule. 9. costs incurred in refilling fire extinguishing appliances and replacing used sprinkler heads. caused by the insured contractorrs) while on site to complete unfinished work during the maintenance period.~I. wages of personnel specifically engaged for such tasks.Employer Supplied Items__ The indemnity under the Policy shall include loss or damage to property provided directly by the Employer or any party on whose behalf they act or may act for the purpose of the Project Insured by the Policy. and all fire fighting costs claimed against the Insured by any public authority or public fire brigade but limited to THB35. weekend and shift working. Fire Extinguishing Expenses The indemnity hereunder the Policy extends to include Fire Fighting Expenses. but not exceeding. 8. incurred in expediting such repair.Purple Line . necessarily and reasonably incurred by the Insured. occurring during the maintenance period provided such loss or damage was caused on the site during the construction period before the Taking-Over Certificate for the last section of the Works was issued.Contract 2 Elevated Structures (West) Project 11 . or any part thereof. erection or installation of property.OOO whichever is lower. the Sum Insured for Item (a) shall be automatically increased by this amount.

o'\~lIU~'" .indemnify the Insured for extra costs and expenses.000 any one occurrence.(.000 any one occurrence. without the necessity to issue a formal endorsement to the Policy" ':\ MRTA . shall not exceed 12. Other Interests If any of the Insured are required by agreement with other parties to cause the interest of such other parties in any of the Property Insured to be protected in accordance with the said agreement. drawings. Plans and Documents/Restoration of Records The Insurer will. such indemnity shall not exceed 50% of the properly adjusted claim. for rewriting or reproduction (but not re-creation) of plans.000. rail or inland waterway (including loading and unloading) within the Territorial Limits described in the Schedule. computer records.000.000. Application of the relevant Deductible as stated in the -Schedule shall be applied proportionately to the indemnity provided hereunder.Purple Line . The limit of liability of the Insurer under this Memorandum THB 10. it is not possible to ascertain whether the cause of such loss or damage happened during the currency of any other marine or transit insurance.000._rms of this Policy. Inland TransitThe Policy extends to include loss of or damage to the Property Insured whilst in transit by road. 14.000 each and every claim. such Property Insured shall be externally inspected for loss or damage. as a result of a cause Indemnifiable hereunder.000 anyone location and is subject to a Deductible of THB500. The limit of liability of the Insurer under this Memorandum shall not exceed THB50. or place of temporary storage. on delivery to the Project Site. 11. 15.BANGKOK INSURANCE PUBLIC COMPANY LIMITED 10. lost or damaged. or other contract documents or valuable papers.000 anyone occurrence. such interest shall automatically exist in accordance with the Ja.Contract 2 Elevated Structures (West) Project -' \i~:~i~ . Offsite Fabrication The indemnity afforded by the Policy extends to include loss or damage to the Property Insured during offsite assembly and/or prefabrication within the Territorial Limits other than at the premise-s of the original manufacturer. 13. b. and such payment shall not prejudice any subsequent final claim apportionment which may be mutually agreed between the respective insurers. incurred by the Insured. The limit of liability of the Insurer under this Memorandum shall not exceed THB 100. The limit of liability of the Insurer under this Memorandum shall not exceed THB30. after proper investigation.OOO anyone occurrence and is subject to a Deductible ofTHB500. Marine 50/50 In the event of loss of or damage to the Property Insured being discovered where.000 anyone location and is subject to a Deductible of THB500. Offsite Storage _ The indemnity afforded by the Policy extends to include loss 'or damage to the Property Insured while in any offsite storage facility within the Territorial Limits other than at the premises of the original manufacturer. the Insurer hereon shall indemnify the Insured in accordance with the Terms of this Policy provided that: a. and occurring on the Project Site.

necessarily incurred in the repair. prior to the occurrence ofloss or damage Indemnifiable hereunder.BANGKOK INSURANCE PUBLIC COMPANY LIMITED -.Insured. under which notice has been served on the. 21. the cost incurred in complying with any of the aforesaid regulations: in respect of loss or damage not Indemnifiable hereunder.-0verheads-and P_rofit~------------In the event of loss or damage indemnified under the Policy. r ---16. The work of reinstatement must be commenced and carried out with reasonable dispatch.OOO anyone occurrence. 17. which may be payable in respect of the Property Insured. (b) the amount of any rate. incurred solely through building or other regulations of any state. Plant Immobilisation Loss or damage indemnified under the Policy shall extend to include the cost of recovery should any item of construction plant and equipment become immobilized from arty situation. but not the Cost of preparing arty claim.Contract 2 Elevated Structures (West) Project 13 . development. duty. and the indemnity afforded hereunder excludes loss or damage arising from Commercial Operations. replacement or reinstatement of the Property Insured. the Insurer shall be liable to pay appropriate levels of overhead charges and profit applicable to repairs andlor replacement in so far as they were provided for in the construction contract insured. consequent upon loss or damage thereto Indemnifiable under this Policy. provided include: 18. or other charge or assessment. local or that the amount recoverable under this Memorandum shall not (a) (i) (ii) such additional cost of necessity to comply with other authority. consulting engineers'. surveyors'. MRTA . tax. 20. subject to the liability of the Insurer under this Memorandum not being increased thereby. municipal. Preventative/LossMitigation Measures Clause It is agreed that in the event of actual or imminent loss. and for which the Insured would have otherwise been obligated to comply in the absence of ally such loss or damage. arising out of capital appreciation.OOO. destruction or damage to the Property Insured the Insurer will pay the reasonable costs necessary to prevent minimise or reduce damage to the Property Insured. and may be carried out wholly orpartially away from the Project Site.Purple Line . Public Authorities This indemnity applying to the Policy extends to include reinstatement of the Property Insured. The indemnity provided by this Memorandum shall not exceed THB25. legal or other professional fees of similar nature.OOO anyone occurrence ofloss or damage. Property Insured In Use The indemnity applying under the Policy extends to include loss or damage to the Property Insured or any part thereof which has been taken over or taken into use by the Employer. to comply with any of the aforesaid regulations. 19. The indemnity provided by this Memorandum Shall not exceed THB35. Professional Fees The indemnity applying under the Policy extends to include an amount for architects'.OOO.

':~""-. and/or to the working conditions existing immediately prior to the occurrence of the loss or damage.OOO. which results in the necessity to carry out repeat testing and commissioning operations the cost of such repeat testing and commissioning operations including the costs of additional fuel or other energy source used therein shall be indemnified hereunder. Removal of Debris The Insurer will indemnify the Insured for costs and expenses. restoring access to the Property Insured. the indemnity applying under the Policy shall be extended to cover loss or damage to the Property Insured arising due to strike. MRTA . all the terms. dismantling.000 each and every occurrence. Provided that it is hereby further expressly agreed and declared that 1.OOOanyone occurrence. {t~ . shoring up or propping. provisions and conditions contained in the Policy or endorsed thereon. '". 3. 23. including debris andlor wreckage at the Project Site. and/or demolishing.~. incurred to facilitate reconstruction or repair in: (a) (b) (c) (d) (e) . Strike. """"W' . clearing of drains. 22. provisions and conditions of the Policy shall apply in all respects to the indemnity granted by this extension save in so far as the same are expressly varied by the following Special Conditions. service mains and the like. 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.J. 4. and/or dewatering. .Contract 2 Elevated Structures (West) Project 14 '. or but for the application of the Deductible would be indemnifiable under the Policy. Repeat Tests If following the commencement of any testing operations any loss or damage occurs which is Indemnifiable under the Policy. the act of any person taking part together with others in any disturbance of the public peace (whether in connection with a strike or lock-out or not) not being an occurrence mentioned in condition 2 of the Special Conditions hereof.Purple Line . 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.removing and disposal of debris and/or wreckage.000... exclusions.BANGKOK INSURANCE PUBLIC COMPANY LIMITED The indemnity provided by this Memorandum shalLnot exceed THB 15. exclusions. and any reference to loss O~fJ·'w""'"" 24.'. by any peril not otherwise excluded by this Policy. riot and civil commotion which for the purpose of this Memorandum shall mean (subject always to the Special Conditions hereinafter contained) loss of or damage to the Property Insured directly caused by 1. Riot and Civil Commotion (SRCC) It is agreed and understood that otherwise subject to the terms.~. The indemnity provided by this Memorandum shall not exceed 25% of the loss or damage but subject to a maximum ofTHB50. or any ingress or egress to the Property Insured. as a result of Indemnifiable loss or damage affecting the Property Insured. the wilful act of any striker or locked-out worker performed in furtherance of a strike or in resistance to a lock-out.

/~ MRTA . act of foreign enemy. hostilities or warlike operations (whether war be declared or not). and the wording of the Policy shall apply in all respects to the insurance granted by the Policy as if this Memorandum had not been made thereon. b. military rising. of any of the following occurrences. loss or damage occasioned by permanent Of temporary dispossession resulting from confiscation. 2. In any action. b. where the Insurer alleges that by reason of the provisions of this condition any loss or damage is not covered by this insurance. any payments over and above the indemnity for the material damage as provided herein. I I 2. loss or damage resulting from total or partial cessation of work or the retarding. The aggregate liability of the Insurer during the period of co~ limited by twice the limit of indemnity anyone occurrence. civil commotion assuming the proportion of or amounting to a popular rising. \~:a} I .. The indemnity applying hereunder shall not cover any loss or damage occasioned by or through or in consequence. war.the Policy shall be deemed to include the perils-hereby insured against. c. consequential loss or liability of any kind or description. The limit of indemnity anyone occurrence as stated in the Policy Schedule shall be understood to limit the indemnity for all loss or damage covered by this Memorandum during a consecutive period of 168 hours. directly or indirectly. 3. 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. the following Special Conditions shall apply only to the insurance granted by this extension. the burden of proving that such loss or damage is covered shall be upon the Insured. interruption or cessation of any process or operation. This insurance may at any time be terminated by the Insurer on notice to that effect being given by registered post at the Insured's last known address. civil war. Provided nevertheless that the Insurer 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. mutiny.Purple Line . military or usurped power.. suit or other proceeding. rebellion..Contract 2 Elevated Structures (West) Project '"I'll. d. commandeering or requisition by any lawfully constituted authority. This insurance shall not cover a Special Conditions 1. L~ . of the Policy shall be 15 4. c. insurrection. invasion.BANGKOK INSURANCE PUBLIC COMPANY LIMITED damage in the wording of. loss or damage occasioned by permanent or temporary dispossession of any building resulting from the unlawful occupation by any person of such building. 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. revolution. namely a.

:. a) Any Corporation or organisation (including its directors. shall not exceed THB (b) consequent upon any loss or damage Indemnifiable hereunder.BANGKOK INSURANCE PUBLIC COMPANY LIMITED 25. site huts.. subsidence andlor collapse shall be deemed as a single event and shall therefore to constitute one occurrence with regard to the Deductible applicable herein. officers. tempest. b) Any Insured named or describ2 this Policy (including its directors. Temporary Protection Tills indemnity applying to the Policy extends to indemnify costs and expenses necessarily and reasonably incurred by or on behalf ofthe Insured for: (a) shoring up. any fee.. (. or by a professionally qualified person or entity representing the Insured.r!. /.Purple Line . 26. destruction of or damage occurring. flood.Contract 2 Elevated Structures (West) Project 16 . to avoid further physical loss. Local Government or Statutory Authority for services rendered or equipment supplied for the purpose of helping to prevent further. i MRTA .000. employees or servants) owned or controlled by any Insured named herein or subsidiary to any Insured named hereon or any co-owner of the property insured hereunder. however. Waiver of Subrogation The Insurer agrees to waive any rights and remedies or relief to which they may become entitled by subrogation against. employers. officers. Time Adjustment It is agreed that any loss or damage to the Property Insured arising during anyone period of 72 consecutive hours.. the indemnity applying under the Policy shall be extended to include 90 days of individual testing and 180 days of integrated testing from the date of commencement of the testing. contribution or other impost (excluding fines andlor penalties) payable to any Govennnent. r~'L\'" 28 29. The limit of liability of the Insurer under this Memorandum shall not exceed THB30. exclusions. mitigate or confine loss or damage at the situation where the Property Insured is located.000. camps and stores and their contents within the Territorial Limits stated in the Schedule. underpinning or other temporary protection of the Property Insured. employees. For the purpose of the foregoing. that there shall be no overlapping in any two or more such 72 hour periods in the event of loss or damage occurring over a more extended period of time. inundation.000 anyone occurrence. storm. deemed necessary by the Insured. propping. 27.OOO any one occurrence. Testing of Machinery and Installations It is agreed and understood that otherwise subject to the terms. earthquake. caused by typhoon. ~ i j \~. The limit of liability of the Insurer under this Memorandum 33.. Temporary Site Offices. the commencement of any such 72 hour period shall be decided at the discretion of the Insured it being understood and agreed. agents or servants).OOO anyone occurrence and is subject to a Deductible of THBSOO. provisions and conditions contained in the Policy or endorsed hereon. Camps and Stores The indemnity afforded by the Policy extends to include accidental loss or damage to temporary site offices.

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...Contract 2 Elevated Structures (West) Project 17 .. j I I I I I I _I MRTA . provisions and condition contained in the Policy or endorsed thereon.000 anyone loss and in aggregate during the period of insurance 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.loss or damage which is foreseeable having regard to the nature of the construction work or the manner of its execution. exclusions.. Existing property or property belonging to or held in care.BANGKOK INSURANCE PUBLIC COMPANY LIMITED c) Any Party with whom theInsured has entered into a contract or agreement-prior to the occurrence of any loss or damage Indemnifiable hereunder and the existence of such contract or agreement shall not affect the indemnity afforded under the Policy. ~:\. The Insurers shall not indemnify the Insured for . . 30. and not for superficial damage which neither impairs the stability of the insured properly nor endangers its users.. custody or control by the Insured It is agreed and understood that otherwise subject to the terms.000.. In respect ofloss 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. custody or control by the Insured caused by or arising out of the construction or erection of the items insured under Section 1 Sum Insured: THB 100.Purple Line ...

The Insurer agrees to indemnify the Insured in respect of all amounts which the Insured shall become legally liable to pay for: (a) 1 Personal Injury (as defined herein).THIRD_PARTY LIABILITY INSURING CLAUSE 1. In respect of any Occurrence to which the indemnity afforded by this Policy applies.Contract 2 Elevated Structures (West) Project 18 . even if such claim or suit is groundless. and all costs imposed on the Insured in any suit for damages on account of any judgement in relation thereto. all legal costs and other expenses incurred by or with the permission of the Insurer for investigation. ~ j ·i~. the Insurer will defend in the name of and on behalf of the Insured any claim or suit against the Insured to recover amounts on account of any of the circumstances described in the clauses (a) and (b) above. presentation and defence of claims and suits.. 2.' -.Purple Line . I (b) happening during the Construction Period or Maintenance/Defects Liability Period (hereinafter referred to as the Period of Insurance) due to an Occurrence or series of Occurrences arising directly or indirectly out of or in connection with the Project Insured anywhere within the Territorial Limits specified in the Schedule. _ . (c) (d] All such amounts for the above are payable in addition to the Third Party Liability Limit of Liability specified in the Schedule applying to Section 2 ... all cost and expenses incurred by the Insured for first aid rendered for injury to others at the time of the Occurrence.~~'~~I:C.. Property Damage (as defined herein). false or fraudulent.. ~~-l MRT A . all expenses incurred by the Insured or the Insurer for representation of the Insured at any Coroner's Inquest or Court of Criminal Justice plus all expenses incidental to an appeal from any judgement against the Insured. The Insurer will also indemnify the Insured for: (a) (b) costs and expenses incurred for temporary repair and/or shoring up ofproperty made necessary by any Occurrence covered herein. negotiation._- BANGKOK INSURANCE PUBLIC COMPANY LIMITED _SECTION 2.

the "Insured" shall (a) the Contractor and Sub-Contractors to the extent of their activities involving the Project Insured and their interest therein. including the loss of use thereof at any time resulting therefrom. and forming part of Section 2 of the Policy) 1. . Insured as stated in the Schedule In addition to the person or entity nominated automatically include: in the Schedule. executive officer. II I I (d) bankers. death.. but only whilst acting within the scope of their duties in such capacities in connection with the Project Insured. agent. Personal Injury "Personal Injury" shall mean: (a) (b) (c) bodily injury. damage to or destruction of some other tangible property. sickness. eviction.Purple Line . financiers. fright. Property Damage "Property Damage" shall mean: (a) (b) physical loss of. disability. 2. false imprisonment. mental anguish or mental injury. employee. loss of use of tangible property which has not been physically lost. (c) manufacturers andlor suppliers whilst on site. (b) any director. Unintentional libel. partner. representative or shareholder of the Insured nominated in the Schedule and Paragraph (a) above. mortgagors and other similar lending andlor credit institutions. (e) any other party or person where the Insured nominated in the Schedule and/or Paragraphs (a) and (b) above assumes an obligation under contract or agreement to include their name as an Insured in relation to the Project Insured.. but only whilst acting within the scope of their duties in connection with the Project Insured. (d) (e) MRTA . false arrest. damage to or the destruction of tangible property.~.. 3. destroyed or damaged provided such loss of use is caused by physical loss of. wrongful detention.~. wrongful entry or invasion of the right of PriVaCY'I~ ~~ . (f) any associated or other entities related to the Insured. .II BANGKOK INSURANCE PUBLIC COMPANY LIMITED UEFINITIONS (Incorporated in. slander or defamation of character. assault and battery not committed by or at the direction of the Insured unless committed for the purpose of preventing Personal Injury or Property Damage or eliminating danger.Contract 2 Elevated Structures (West) Project \.I 19 . shock. disease.'. where an obligation exists under contract or agreement to include their name as an Insured party in relation to the Project Insured..~ . wrongful malicious prosecution or humiliation.

(b) 4. possession or use by the Insured of any Vehicle or trailer where that liability did not arise in circumstances for which indemnity was or aright to have been provided under any form ofinsutance required to be affected by raw. refurbishment. existing premises or any partes) of such premises at or adjacent to the contract site (including contents thereof) leased or tenanted by the Insured in direct connection with the performance of the Project Insured. 3. destruction of Of damage to property owned. structures machinery. plant and equipment or any partes) of such premises and structures (including contents thereof) being worked upon by the Insured for the purpose of alteration.PurpleLine .BANGKOK INSURANCE PUBLIC COMPANY LlM!TED 4. non completion or non-compliance with contract conditions. where payment for such is required to be insured under a policy pursuant to any Workers'. possession or use by the Insured of any mechanically propelled Vehicle including any-trailer attached to such Vehicle being used in circumstances in respect of which there is required to be in force a policy of compulsory liability insurance or statutory indemnity. for loss. renovation. (b) for Property Damage arising out of the ownership. provided that this Exclusion 3 shall not apply with respect to: (a) existing premises.Contract 2 Elevated Struct 20 . (a) to MRTA . Coroner's Inquest "Coroner's Inquest" shall mean an official inquiry undertaken by a suitably qualified medical specialist on the instruction of the police or a court of law to determine the cause of death of any person. maintenance or repair in direct connection with the performance of the Project Insured. custody or control of. under a contract of service or apprenticeship with the Insured. or in the care. decoration. extension. the Insured. addition. leased. provided that Exclusion 4(b) shall not apply: (i) whilst such Vehicle or trailer is in use as a tool of trade or item of constructio and machinery in connection with the Project Insured. for fines and penalties incurred by the Insured under contract for delay. 2. "\ . APPLYING TO SECTION 2 for Personal Injury sustained by any person arising out of and in the course of their employment by the Insured. EXCLUSIONS This Policy shall not apply to liability: 1. occupied or used by. fat Personal Injury insurable under any compulsory legislation governing the use of any Vehicle or trailer attached to such Vehicle. provided that this Exclusion 4(a) shall not apply to liability of the Insured arising out of injury resulting from the ownership. Workmen's or Accident Compensation legislation.

insurrection. liquids. 7. waste materials or other irritants. act of foreign enemy. where caused by or arising out of the delivery or collection of goods to or from any Vehicle or trailer where such is located on any carriageway or thoroughfare which forms part of the site of the Project Insured. vapours. alkalis. civil war. toxic chemicals. fumes. nationalisation. 8. in connection with the Project./. of whatsoever nature directly or indirectly caused by or contributed to by or arising from: (a) (b) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.. dispersal. where caused by or arising out of the loading or unloading of. but this Exclusion 6 shall not apply to liability arising from any operation or activity which includes the use of radioactive material in weld radiography. hostilities. toxic. (iv) (v) (vi) 5. revolution. contaminants or pollutants into or upon land./ MRTA . soot.:\_ . for Personal Injury and/or Property Damage directly or indirectly arising out of the discharge. where the carriageway or thoroughfare forms part of the site of the Project Insured or is used as an access route from one part to another part of the site of the Project Insured.Purple Line . ". ~ J ". possession or use by or on behalf of the Insured. 6. public or local authority. military or usurped power. confiscation. acids.. directly or indirectly caused by or arising out of: (a) (b) war. requisition or destruction by or under the order of any government. or the delivery or collection of.' .Insured.w. gases.Vehicle or trailer. or any aircraft.~ n~~\- . bridges and underground services caused by the weight of Vehicles owned or rented by the Insured. any goods to or from any Vehicle or trailer used in work undertaken by or on behalf of the Insured in connection with the Project Insured. caused by or arising out of the ownership.BANGKOK INSURANCE PUBLIC COMPANY LIMITED (ii) (iii) whilst such. invasion.""". release or escape of smoke. explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. the atmosphere or any water course or body of water. of any waterborne craft exceeding lO metres in length. is in transit other than under the power of such Vehicle. provided that Exclusion 7(a) shall not apply with respect to liability for Personal Injury and/or Property Damage caused by or arising out of missiles and/or bombs and/or other explosives not discovered at the time of commencement of the Period of Insurance so long as no state of war exists in Thailand at the time of any Occurrence giving rise to such liability.'. rebellion.Contract 2 Elevated Structures (West) Project 21 . the radioactive. nucleonic density meters and all other similar applications commonly used in the construction industry. to liability arising from loss or damage to roads.

: contributed to by. or in pursuit of political. injury. or preparation in respect of action. 10. unintended and unexpected happening during the period of insurance . ~ ! i I MRTA . or arising out of or in connection with any action in controlling. loss. retaliating against. or expense directly or indirectly caused by._ . 13. cost.· '. arising out of advice.Purple Line .' . illness. 14. or arising out of or in connection with any act of terrorism. or (e) is designed to interfere with or to disrupt an electronic system.ll. regardless of any other cause or event contri~tifig concurrently or in any other sequence to the loss.1(a) of the Construction Contract entered into ~etwe~n the Employer and the Contractor. for loss andlor damage andlor destruction of property forming part of the Works (as defined in the Construction Contract entered into between the Employer and the Contractor) which is insured under any Construction Insurance Policy put in-place as required under Sub Clause 21. damage. cost. ideological. I I death. .-dispetsal. or expense directly or indirecttj~fa~tedc:rY:. and which: (a) involves violence against one or more persons. or responding to any act of terrorism. 'r·". eventing.release~oF-escape is caused by a sudden.Contract 2 Elevated Structures (West) Project 22 ._ . injury. design or specification given for a fee. An act of terrorism includes any act. Personal Injury or Property Damage suffered or alleged to have been suffered by any person or persons and/or Property Damage (other than the property forming part of the Contract Insured) and/or loss of use thereof. (b) involves damage to property. (a) (b) (i) (ii) arising out of the rendering of or failure to render professional advice or service by the Insured or any error or omission connected therewith. punitive and/or exemplary damages. damage. ---- I I I 9..BANGKOK INSURANCE PUBLIC COMPANY LIMITED -------provided that-this-gxclusiong~shan-not-apply-if-such~discharge. suppressing. illness. religious. loss. resulting from. penalties. not apply to: 12. or (c)enda. the rendering of or failure to render professional medical advice by medical persons employed by the Insured in connection with the Project Insured. or similar purposes to intimidate the public or a section of the public of any nation by any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or govemment(s) de jure or de facto. 15.". for fines. . Pure Financial Loss of any kind or description. or' -. contributed to by. "' . or threat of action designed to influence the government de jure or de facto of any nation or any political division thereof. 11.'. This insurance also excludes death.ngers life other than that of the person committing the action.. as defined herein. provided that this Exclusion 11 does.: . for Personal Injury or Property Damage caused by or arising from asbestos. or (d) creates a risk to health or safety of the public or a section of the public. for the loss of use of or for the repairing or replacing of any defective product(s) or any partes) thereof used or supplied by the Insured for the Project Insured. resulting from.

arising from Property Damage to buildings or structures caused by or resulting from vibration or removal and/or weakening of support unless such Property Damage constitutes total or partial collapse of any building or structure and/or Property Damage which impairs the structural stability of any building and/or structure or which endangers its users.~Z'. 18. it is declared and agreed that the words "underground construction activities" does not include the construction of foundations.:GtJy0f-jRdireGtly-from - or-eaused-by-eontributed to-by-or~arising-fr0m-any----underground construction activities which include but are not limited to portals. II I (a) prior to the occurrence of such collapse or Property Damage the condition of such buildings or structures was sound and all necessary safety precautions had been taken at the Insuted's own expense. shaft sinking and directional drilling undertaken by the Insured or on. cofferdams and/or sinking of caissons). pipes or other underground services about their location and has taken practical and reasonable steps to avoid causing damage to same.caused byor alleged to be caused by or resulting from vibration or '[i!~. pavements.the Insured's behalf.BANGKOK INSURANCE PUBLIC COMPANY LIMITED l__---16~. (For the sake of clarity. surface' water drainage systems and swimming pools. declines. conduits for sewage. arising from completed operations and/or product liability but this Exclusion 17 does not apply until after the issue of the Taking-Over Certificate for the last part or section of the Works taken over. underground cables. (c) the Insurer shall not indemnify the Insured in respect of Property Damage caused by or resulting from vibration or removal or weakening of support to buildings or structures under demolition or declared by the tel evant public authority to be unsafe. walkways. 19. (b) upon discovery of Property Damage which does not immediately result in total or partial collapse nor impairs the structural stability of any building or structure and '~'i<:which is . fences. arising from loss or damage to existing underground cables and/or pipes or other underground services unless prior to the commencement of works the Insured has inquired with the relevant authorities or owners of such cable. piling. water pipes. roads.Contract 2 Elevated Structures (West) Project 23 I_I I .'~:Ld'reHioy~l ~orweakeningofsutt=>rt arising out of any operations in connection with the execution of the Contract Insuredthe Insured shall immediately suspend such operations and shall at their own expense and take whatever safety precautions which may become necessary. slab on ground. provided that: 17. tunnelling. (d) the Insurer shall not indemnify the Insured in respectof Property Damage caused by or resulting from vibration or removal 'or weakening of support to underground property of all kinds. ~ J MRTA .*~~.arisiRg~diH.Purple Line .

nothing shall operate to increase the Limit of Liability for anyone Occurrence as stated in the Schedule. Third Party Liability during Maintenance Period This Policy covers bodily injury or property damage occuningor arising during the Maintenance Period when caused by an Insured Contractor in the course of any obligations carried out by him for the purpose of complying with his obligations under the Maintenance clauses of the Contract in connection with the Project 3. 6. Reinstatement of Property Clause In the event of claim indemnified hereunder this Policy the Insurer shall make due allowance for reinstating Property Damage to a reasonaole 'condition acceptable to the owner and/or occupier and/or user of such damaged property.\ . &ii)i.BANGKOK INSURANCE PUBLIC COMPANY LIMITED ---MEMORANDA~AP-PLYING~TO SECTION~2 1. remedies or relief to which they may have otherwise become entitled to exercise by way of subrogation against any of the parties comprising the Insured. Notwithstanding the above.Contract 2 Elevated Structures (West) Project 24 . the Insurer shall not be liable for the amount of Deductible shown in the Schedule in respect of each and every Occurrence. Public. Notwithstanding Memorandum 9 applying to Section 2 ofthis Policy. or any landlord or any other persons or parties from liability. Consequential Loss of Third Parties The indemnity afforded under this Policy includes.Purple Line .OOO. Release Wherever the Insured is required by contractual agreement to release any Government. The Insurer further agrees to waive all rights. 2.OOO each and every occurrence and per policy period. In respect of payments made under Insuring Clause 1 of Section 2. ~ J \". Local or Statutory Authority. \f~"~m n_ MRTA . liability for consequential loss of third parties. Cross Liability For the purpose of this Policy the word Insured shall be considered as applying to each party comprising the Insured in the same manner as if a separate Policy had been issued to each of them. The indemnity provided by this Memorandum shall not exceed THB50. Limit of Liability The Insurer's Liability under Insuring Clause. 5. the Insurer agrees to waive all rights of subrogation against any such persons or parties in the event of any Occurrence for which a claim for indemnity is made and subsequently indemnified under this Policy. I I 4. such release is allowed without prejudice to this insurance. 1 of Section 2 shall not exceed the amount stated as "Limit of Liability" in the Schedule applying to Section 2 for any one Occurrence.

other persons or parties to which the Insurer shall be or would become subrogated upon the Insurer pa ing for or making good any loss. Co-Contractor's employees and employees and Employer's Representative as Third Party Sub Contractor's It is hereby agreed and noted that the coverage under this Policy is extended to include. the Insured may have exhibition centres and publicity events. Employer's Employees. damage or liability under this Policy. or of obtaining relief or indemnity from. do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Insurer for the purpose of enforcing any rights andlor remedies against. 9 Subrogation Other than as provided by Memorandums 1 and 3.Contract 2 Elevated Structures (West) Project 25 . Public Relations During the Period of Insurance. at the request of the Insurer. the Insured shall. allow site visits and demonstrations.BANGKOK INSURANCE PUBLIC COMPANY LlM1TED 7. destruction. Employer's Representative who visit the construction site for the purpose of job inspection or supervisron. MRTA .Purple Line . as the Third Party. 8. all of which shall be regarded as activities in the performance of the Contract. the above mentioned employees.

whether intentional or unintentional. of any intellectual property rights (including but not limited to trademark. an extranet or a virtual private network.intranet. b) c) d) e) f) g) h) 3. local area network. Internet means the worldwide -public network of computers as it currently exists or may be manifested in the future. computer system. Deductible The amounts stated in the Schedule as being the first amount of any loss or damage to be borne by the Insured. The functioning or malfunctioning of the Internet. in consequence of. in whole or in part : a) the use or misuse of the Internet or similar facilities. or of any Internet address.ty endorsement thereto. cost or expense of whatsoever nature directly or indirectly caused by. expropriation. requisition or destruction of or damage to property by order of the Government de jure or de facto or any public. Absolute Asbestos Exclusion The Policy shall not apply to and does not cover any actual or alleged liability whatsoever for any claim or claims in respect of loss or losses directly or indirectly arising out of. Political Risk Exclusion Notwithstanding any provision to the contrary herein the Policy or ar. Website. The electronic transmission of data or other information. Any infringement. virtual private network or similar facility.Purple Line . commandeering. Any data or other information posted on a Website. local area network. including the Internet. resulting from. confiscation. . it is agreed that the indemnity afforded by this Policy excludes loss. virtual private network or similar facility. including but not limited to hardware or software (unless such loss or damage is caused by a peril covered hereon). ~ 'I''''''''I''''~ MRTA . Website or similar facility (unless such malfunctioning is caused by a peril covered hereon). Any loss/damage of data or damage to any computer system. damage. an intranet. The use or misuse of any Internet address. 2. 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. intranet. Internet. Cyber Risks Exclusion The Policy does not apply to and specifically excludes losses of any kind directly or indirectly caused by. copyright or patent). contributed to or aggravated by asbestos in whatever form or quantity. nationalization. . arising from or consisting of. network of computers or similar facility.Contract 2 Elevated Structures (West) Project 26 . Any malicious code. 4. computer virus or similar problem.BANGKOK INSURANCE PUBLIC COMPANY LIMITED GENERAL EXCLUSIONS The Insurers shall not indemnify the Insured in respect of: 1.

contributed aggravated by the peril(s) insured by the Policy. This Endorsement also excludes loss. 5. cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Insured. or be in whole or in part caused by.of the country- Of. I I seizure or destruction under quarantine or customs regulation. proximate or remote. authori ty. damage. from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.Purple Line -Contract2 Elevated Structures (West) Project 27 . In the event any portion ofthis Endorsement is found to be invalid or unenforceable. and whether such loss be direct or indirect. I I I MRTA . damage. any loss. suppressing or in any way relating to the above.local. all whether controlled or uncontrolled. cost or expenses of whatsoever nature directly or indirectly caused by.area-in- which-the property-is. / .BANGKOK INSURANCE PUBLIC COMPANY LIMITED I I I I ---~municipal or. resulting from or in connection with any action taken in controlling. Radioactive Contamination Nuclear reaction or nuclear radiation or radioactive contamination. preventing. the remainder shall remain in full force and effect.situated. If the Insurer alleges that by reason of this exclusion.

Contract 2 Elevated Structures (West) Project ..i. material misrepresentation. including any Sub Limits . (as may be appropriate) claim damages. Memoranda Multiple Insureds Clause (a) It is noted and agreed that. material nondisclosure or breach of any warranty or condition of the Policy each referred to in this Memorandum as a Vitiating Act. in the event of loss or damage giving rise to a claim under this Policy. monthly payments on account will be made to the Insured subject to: . (b) It is further understood and agreed that any payment or payments by the Insurer to anyone or more such insured parties shall reduce.BANGKOK INSURANCE PUBLIC COMPANY LIMITED GENERAL MEMORANDA APPLYING TO ALL SECTIONS OF THE POLICY are to be Subject otherwise to the Tenus of the Policy. . from any of the insured parties in circumstances of fraud. Payment on Account It is hereby declared and agreed that.. It is however agreed that (save as described in this Multiple Insureds' Clause) a Vitiating Act committed by one insured party shall not prejudice the right to indemnity of any other insured party. except where the rights of subrogation or recourse are required in consequence of or otherwise following a Vitiating Act._-:-- 28 .. in which circumstances Insurers may enforce such rights. who has an insurable interest and who has not committed a Vitiating Act. The Insurer hereby agrees to waive all rights of subrogation which they may have or acquire against any insured party. and to the same extent. Provided always that the Deductible applying to such claim for loss or damage must first be exceeded and the aggregate amount of such payments shall be deducted from the amount finally determined upon adjustment of the claim. (save as described in this Multiple Insureds' Clause).Purple Line .. as if individual policies had been issued to each such insured party. the following incorporated in and are deemed to form part of this Policy: 1. notwithstanding the continuing or former status of the vitiating party as insured. to the extent of that payment. if the Insured described in the Schedule comprises more than one insured party each operating as a separate and distinct entity then. 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. '\. the Insurer's liability to all such parties arising from anyone event giving rise to a claim under this Policy and (if applicable) in the aggregate.4It1::l. It is further understood and agreed that the lrisurer shall be entitled to avoid liability to or. cover hereunder shall apply in the same manner.1tII~~ G! MRTA . (i) (ii) liability for such loss having been admitted by the Insurer. II (c) (d) I I (e) (f) 2. It is further understood that the insured parties will at all times preserve the various contractual rights and agreements entered into by the insured parties and the contractual remedies of such parties in the event of loss or damage. and the provision of reasonable documentary evidence by the Insured in support of the amounts claimed.

Assignment No assignment of interest under this Policy shall bind the Insurer until their consent is endorsed herein. 4. should any Insured be adjudged bankrupt or insolvent the Insurer will consent to the assignment of this Policy to such Insured's legal representative provided that written notice is given to the Insurer within 30 days after the bankruptcy or insolvency.Contract 2 Elevated Structures (West) Project I 29 J . I.3 \ MRTA . Automatic Extension of Period of Insurance The Insurer agrees extend the Period of Insurance for a period of up to 3 months on the basis of the following conditions: 4. shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party. such difference shall be submitted to an arbitrator or to an arbitration committee appointed by the Insured and the Insurer. Arbitration If any difference shall arise as to the liability of the Insurer under the Policy or to the amount to be paid under the Policy. The arbitration proceedings shall be held at a location to be agreed by all parties. shall determine the same. 3. Each party shall. Abandonment and Assignment There shall be no abandonment to the Insurers of any property. the making of an award shall be a condition precedent to any right of motion against the Insurer. and if they fail to agree. within ten (10) days after receipt of any demand in writing by either party.II l BANGKOK INSURANCE PUBLIC COMPANY LIMITED ________ GENERAL CONDITIUNS_ 1. except with the written consent of the Insurers. appoint a competent and disinterested arbitrator and the two chosen shall before commencing the arbitration select a competent and disinterested umpire. The arbitrators together shall determine such matters in which the Insured and Insurer shall so fail to agree and shall make an award thereon.:» 4.2 4. or If the loss ratio of claims paid or outstanding when calculated as a percentage to the original premium payable is higher than 76% the additional premium payable for any extension shall be subject to pro-rata plus a 55% increase of the original premium. protecting or recovering any of the Property Insured. they will submit their differences to the umpire and the award in writing of any two. nor shall any assignment or transfer of this Policy be valid.Purple Line . or If the loss ratio of claims paid or outstanding when calculated as a percentage to the original premium payable is between 61% and 75%" the additional premium payable for any extension shall be subject to pro-rata plus a 35% increase of the original premium. with the object of saving. However. ~ } """'~'" ~ . 2. However measures taken by the Insured or the Insurers.1 If the loss ratio of claims paid or outstanding when calculated as a percentage of the original premium payable is lower than 60% the additional premium payable for any extension shall be subject to pro-rata of the original premium. duly verified. Where any difference is by this Condition to be referred to arbitration.

in respect of such events. 8. other than for safety and emergency measures for the protection of persons and property as shall be considered necessary by the Insured at the time of the occurrence.-Cancellation----------------The Policy may be cancelled by the Insured at any time by giving notice in writing to the Insurer. it is understood and agreed that the Insurer approve the Insured's appointm. departure from prescribed construction or operation conditions.Contract 2 Elevate (West) Project 30 . modification or addition to any item of machinery or work. alterations. nor incur any expense. Choice of Law & Jurisdiction Should any dispute arise between the Insured and the Insurer over the application of this Policy. In either event. such dispute shall be determined in accordance with the Choice of Law and Jurisdiction stated in the Schedule. The Insured shall not voluntarily make any payment. shall attend hearings and trials. provided the Insurers give thirty (30) days written notice to the Insured. Insurer as soon as practicable but no later than 60 days after having becoming aware of the event. Notwithstanding the above. and. and shall assist in effecting settlements. However. the Insured will as soon as reasonably practicable advise the Insurer. Co-operation by the Insured The Insured shall co-operate with the Insurer in the defence of claims. the Insurer shall also give the Employer thirty (30) days notice of such nonpayment of premium and will give the Employer the opportunity to pay the premium on behalf of the Contractor should the Employer so wish. As soon as practicable furnish to the Insurer in writing all details of the event. the premium will be adjusted for the time the Policy has been in force and a refund of premium is to be agreed. i) ii) iii) iv) (b) (c) 1 o. testing procedure. 6. suits and in prosecuting appeals. changes in the Insured's interest (such as discontinuation or liquidation of the Insured Business orits being placed in receivership). take all practical steps to preserve damaged property for inspection by the Insurer and any person authorised by the Insurer and shall take all practical steps to prevent or minimise further loss or damage. upon the Insurer's request.~of an Adjuster. Claims Procedures (a) Upon the happening of an event likely to give rise to a claim under this Policy The Insured shall give notice thereof to the. securing and giving evidence.BANGKOK INSURANCE PUBLIC COMPANY LIMITED ---S./S MRTA- Purple Line . The Insured shall. It is noted that such notice to the Employer shall not bind the Employer to paying the premium. such proofs and information with respect to the claim as may be reasonably required. 9. obtaining the attendance of witnesses and in the conduct of suits. Assessor andlor Surveyor chosen from the following panel : t~. 7. who shall be entitled to review and vary the terms and conditions of this Policy in a reasonable way and in agreement with the Insured the terms of the Policy. The Insurer may cancel this Policy in the event of non-payment of premium. nor admit liability for any loss following its occurrence. Change in Risk In the event of any material change in the original risk including but not limited to: changes ofthe envisaged progress programme.

a claim under this Policy. Insolvency The insolvency or bankruptcy of the Insured shall not release the Insurer from any of the Insurer's obligations assumed hereunder. (other than the period of maintenance). Sathom Bangkok 10120 Tel + 66 (0) 2676 5353 Fax + 66 (0) 2676 5454 (ii) 10. ·~l ' . and shall cause to be taken.. 16th floor Silom Road.. 12. so that the applicable Premium shall be calculated and the difference paid by or refunded to the Insured. Premium Adjustment The Premium for this Policy has been calculated on estimates given by the Insured..BANGKOK INSURANCE PUBLIC COMPANY LIMITED (D Cunningham Lindsey International 323 United Centre Building. South Sathom Road. -~ occurrence giving rise to.Purple Line . shall be accepted as a notice given on behalf of all Insured persons or entities. In the event of an . Yannawa... Reasonable Precautions The Insured shall take. 13. Notwithstanding the above. 14. or which may give rise to. the InSUreda\ MRTA . the Insurers' liability hereunder shall be primary to such other insurance. which stipulates that any policy noticeis) served upon the Contractor will also be served upon another insured party. all reasonable precautions for the safety of persons and property and to prevent injury or loss or damage.Contract 2 Elevated Structures (West) Project 31 \. 11 Notices II (a) It is agreed and declared that any notice(s) required by the Conditions of this Policy. the Insurer shall retain the right to seek recovery from any other policies of insurance indemnifying the loss after they have fully indemnified the Insured hereunder this Policy. . The Insured shall keep an accurate record containing all relevant particulars and shall at any reasonable time allow the Insurers to inspect such record and following the expiry of the Period of Insurance. shall supply to the Insurers a correct statement of the final total contract value as insured hereunder.. (b) The Insurer agrees to be bound by the terms and conditions of any contract or agreement that exists between the Insured nominated in the Schedule and any other insured party. and given by any individual Insured to the Insurer. there is any other insurance effected by or on behalf of the Insured covering any loss insured by this Policy. Primary Insurance If at the time of any occurrence. Bangtak Bangkok 10500 Thailand Tel: +6622369785 Fax: +662 236 9788 Crawford & Company Limited 183 Rajanakarn Building 10th Floor.

Unity of Sections Any word or expression.•. Expenses necessary to the recovery of any such amounts shall be apportioned between the parties. Special and General Conditions. Lastly the parties (including the Insured).Purple Line . shall bear such meaning wherever it may appear. and Endorsements and Sections. for whom this coverage is in excess are entitled to claim the residue.BANGKOK INSURANCE PUBLIC COMPANY LIMITED shall take such immediate action-as repetition.. 16. shall first be reimbursed up to the amount paid by them. 20.~ . Memoranda. Titles of Paragraphs The titles of various paragraphs and clauses in the Policy. I I 18.Contract 2 Elevated Structures (West) Project 32 .. that shall have paid an amount not recoverable under this Policy. Uniform Meaning This Policy and the Schedule shall be read together as one contract and any word or expression to which a specific meaning has been given in any part of this Policy or of the Schedule shall bear such meaning wherever it may appear unless such meaning is clearly inapplicable in the context that the word or expression appears.. 19. and of Exclusions. through subrogation proceedings. with respect to any loss hereunder shall follow the principle that any parties (including the Insured). unless expressly provided to the contrary"f~i ~"". (including the Insured) in the ratio of their respective recoveries as finally settled. Unintentional Errors or Omissions The Insurer shall not seek to void. The Insurer hereon is then to be reimbursed out of any balance then remaining up to the amount paid hereunder. Salvage and Recoveries Any sums recovered. reduce or diminish the indemnity afforded under the Policy due to any unintentional failure of the Insured to comply with any warranties or conditions applying to the Policy over which the Insured had no control and/or for any unintentional errors. if any. Text of the Policy The text of the Policy is the text of Insurers. 17. IS necessary-to mmimtze any loss and prevent 15. now or hereafter attached to the Policy. MRTA .'''''. omissions or incorrect valuations or descriptions of the risk insured provided that the Insured reports such error or omission to the Insurer as soon as reasonably possible after discovery and the Insurer shall be entitled to review and vary the terms and conditions of this Policy in a reasonable way and in agreement with the Insured. . are inserted solely for convenience or reference and shall not be deemed in any way to limit or affect provisions to which they relate. to which a specific meaning has been attached in any part of the Policy..

engineering. development. installation. The Railway Operator for their respective rights and interests.Purple Line . commissioning. mechanical and electrical works inside 8 stations The Contract Sites: Anywhere in Thailand for the performance of the Contract but principally at the sites of work required to perform the Contract/Project Insured. erection. illness or disease to any third party person or accidental loss or damage to third party property including legal liability for resultant consequential loss of third parties arising out of and in the course of the performance of the Project/Contract and occurring during the Period of the ~ Insurance/ The Coverage: MRTA .I I I I BANGKOK INSURANCE PUBLIC COMPANY LIMITED -The Insurer: The Insured: Schedule----- -------- -------- Bangkok Insurance Public Company Limited Employer Mass Rapid Transit Authority of Thailand Other Insureds Sino-Thai Engineering & Construction Public Company Limited as Main Contractor and/or their Sub-Contractors for their respective rights and interests. Employer's Representative and/or Architects and/or Designers and/or Consultants andlor Engineers. construction.Contract 2 (Elevated Structures (West)) and all ancillary works and services in connection therewith. The Project Insured: All work in connection with the design. including work for a railway bridge crossing the Chaophraya River. Co-Contractors in respect of the indemnity afforded under Section 1 of the Policy in respect of their on site activities only. but not limited to. stations (8 stations) including all ancillary works inside the stations. construction of elevated mass transit system with the length.Contract 2 Elevated Structures (West) Project 33 I I I . Section 2 To indemnify the Insured in respect of their legal liability for accidental death of or injury. supply. of 14 Ian. procurement. integrated testing and maintenance of the MRTA "Purple Line" Project . and/or Suppliers in respect oftheir site activities only. Section 1 Accidental loss or damage to the Property Insured which is not otherwise excluded under Section 1~o:(thePolicy. The Project includes. individual testing. traffic lanes in station area and under elevated structure of the Project.

. Item (b) . This period of insurance is provided irrespective of whether any item. illness or disease to.tL1'r". the taking into use by the Principal or the expiry of the insurance on the agreed date specified in the policy unless extended whichever occurs first followed thereafter by 24 months maintenance period. J MRTA .. or Section of the Project is handed over to the Employer by any form of certificate or is taken into use by the Employer. but excluding Commercial Operations.·.The contract works comprising the permanent and temporary works including goods and materials plus free issue materials as specified in the contract (provided their value is included in the sum insured stated in the Schedule) intended for use or incorporation in the Contract undertaken by the Insured. Interest/Property Insured under Section 1.Material Damage Item (a) . phase.Third Party Liability To indemnify the Insured in respect of their legal liability for accidental death of or injury.r:. Section 2 .s-r. any third party person or accidental loss or damage to third party property including legal liability for resultant consequential loss of third parties arising out of and in the course of the performance of the Contract and occurring during the Period of the Insurance.Material Damage Anywhere in Thailand for the performance of the Project/Contract but principally at the sites of work required to perform the Project/Contract Insured. Within this period of insurance coverage is granted for 90 days of individual Testing and Commissioning and 180 days of integrated Testing and Commissioning. part.Third Party Liability Worldwide excluding USA and Canada Policy Law/Jurisdiction: Period of Insurance Thailand 1. I " ·1J~-tt .378 days from 1st March 2010 to in December 2013 including 90 days of individual testing and 180 days of integrated testing and 28 days after the issue of the Taking Over Certificate by the Employer.Contract 2 Elevated Structures (West) Project 34 ./<f·'~~ ~ .Purple Line .BANGKOK INSURANCE PUBLIC COMPANY LIMITED The Territorial Limits: Section 1 .Employer's Railway Operator Existing Property / Property of the Interest Insured under Section 2 .

Limit of Liability .j .E II. tempest and all other causes indemnified under the policy Other Losses (each and every occurrence) each and every occurrence ofloss or damage in respect of Inland Transit.000.000 THB THB 500. storm. Camps andStores.000. in the event of collapse.742) Interest Property Insured under Item (b) . and unlimited in the aggregate during the Period of Insurance.000. landslip and/or subsidence resulting from any cause indemnified under the policy.000 Property Insured under Item b) .Employer's Existing Property / Property of the Railway Operator THB 100.000. t I \0 ! '~1JI'~"<.000 each and every occurrence of loss or damage arising from all causes indemnified under the policy.lOO.Contract 2 Elevated Structures (West) Project 35 .000.~being the estimated contract value (Including the railway bridge across Chaopraya River at THB 412. The Deduetibles ..636. Offsite Fabrication and Off site Storage loss and 10 I aggregate during the THB 4.000 any one Occurrence or all Occurrences of a series consequent on or attributable to one source or original cause.000.000 500.Employer's Existing Property / Property of the Railway Operator THB 1.i~U MRTA· Purple Line.000 anyone period of the Insurance. or during the maintenance period each and every occurrence in respect of loss or damage arising from construction of the bridge across the Chaophaya River and wet work each and every occurrence of 10s8or damage arising from Earthquake.Section 2 THB 500.I I BANGKOK INSURANCE PUBLIC COMPANY LIMITED ___ I Th~Sgl11 Insur~d-=-SectiQn_l __ Interest/Property Insured under Item (a) THB13. consequence of faulty design. water damage. consequence of faulty workmanship. ~~ .OOO. during testing and commissioning.000 THB 3.Section 1 Property Insured under Item (a) THE 4.000 each and every occurrence in respect of loss or damage arising from flood. consequence of faulty materials.OOO.

.~. I (' -.000.411. In the event of more than one Deductible applying in respect of anyone occurrence of loss or damage only the highest single Deductible shall be applied..320.335.000.. removal or weakening of support.000 or 10% of loss whichever is greater in respect of liability arising from vibration. anyone claim in respect of all other claims arising out of liability for loss or damage to third party property damage. or 10% of the loss whichever is greater in respect of liability arising from damage to underground services.Contract 2 Elevated Structures (West) Project 36 .~ r~-..lIO ! I' MRTA .000. ~ .000 THE 600.00 THB 1.320.000 THB 500.00 THB 20. iJ''1 No.. .Section 2 THB 600..j.Purple Line .BANGKOK INSURANCE PUBLIC COMPANY LIMITED The Deductibles .00 THB 76. Nil in respect of bodily injury or death of third parties. The Premium Stamp duty VAT Total THB 19..00 /'''''''.

tl'Utl'mU'fl 07/12/2013 A 1 QJ'.NYLIMITED AS MAIN CONTRACTORS ~ .It is hereby agreed and noted that the coverage under this Policy lS extended to include. the above mentioned Employees and/or Employer's Representative who visit he construction site for the purpose of job inspection or . are made to the insurace by this Policy:- alterations 1. 810-0141-82 Ins~red's Name ~ QJCV MASS RAPID TRANSIT AUTHORITY ENGINEERING AND CONSTRUCTION . There II lS no premiillfi charged.h~:alu . Subject Bangkok - Insurance Public Company Limited I--- Authorized Signature ~tI-4-427-45 . Co-Contractor's Employees and Sub Contractor' s employees and Employer's Representative as Third Party' applying to Section 2 is entirely deleted and replaced by the following:Item 8 Employer's Employees. conditions and exceptions of this Policy. .IAU1Ul1 : Effective Date : From '1h~lflil 01/03/2010 OF THAILAND AS EMPLOYER AND/OR SINO-THAI PUBLIC COMPJ.. otherwise to the terms.]l'1I!UU'I'Il£J!&I'lI'fI 811-0146-8 Forming Part of Policy No. '" '" Itlfl. ~ j~I'. electricity supply to trains. 2.::i To ' Class CONTRACTORS' ALL RISKS INSURAl\~ 1U.. The wording of Memoranda item 8' Employer's Employees. with trains and/or train supply or installation. The wording of exclusions item 17~ Installation of Tracks/Supply of Trains' applying to Section 1 is entirely deleted and replaced by the followihg:Item 17 Installation of Tracks/Supply of Trains control systems directly The installation of tracks.I~l1tl13. as the Third Party.(. Co-Contractor's Employees and Employer's Representative as Third Party and Sub COntractor's employees . -'"1 Issued on f11Itlfltl'1'j 11/011/2011 I the following 1t1il Code 8505-02 It is hereby understood and agreed that as from inception.1Htlml'liJ 1'J3..usun nsolnwtls:nunu li'H" (UH1UU) • Bangkok Insurance Public Company Limited ENDORSEMENT Endorsement No. ~tlNW11. 'VV<:d.supe rv i s Lon .

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