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water and sanitation concession agreement - example 1 annexures ...

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i. The policy shall be issued in the joint names of the Council, the Concessionaire, <strong>and</strong> all Subcontractors to be employed by the<br />

Concessionaire, in respect of their respective rights <strong>and</strong> interests in the Contract.<br />

ii. The policy shall have a minimum limit of indemnity of [AMOUNT AND CURRENCY] for any one incident.<br />

iii. The policy shall be subject to the normal terms, exceptions, exclusions <strong>and</strong> conditions applicable to this type of insurance.<br />

iv. The policy shall cover the legal liability of the insured to pay (including claimants costs <strong>and</strong> expenses) as damages in respect of<br />

–<br />

A. death or bodily injury to or illness or disease Contracted by any person;<br />

B. loss or damage to property;<br />

C. interference to property or any right of access, right of air, light, <strong>water</strong> or way or the enjoyment or use thereof by<br />

construction, trespass, loss of amenities, nuisance or any like cause, happening during the Contract period <strong>and</strong> arising out<br />

of or in connection with the Contract.<br />

D. The insured Parties shall be the Concessionaire <strong>and</strong> any Subcontractor <strong>and</strong> their vagarious liability in respect of<br />

consultants, Subcontractors of any tier <strong>and</strong> servants, or agents acting on their behalf.<br />

E. The period of cover shall be for 12 (twelve) months <strong>and</strong> annual renewal thereafter.<br />

c. Professional Indemnity<br />

The policy shall cover legal liability arising as a direct result of a negligent act, or omission arising out of professional duties in<br />

connection with the design <strong>and</strong> construction of the Works.<br />

d. Employers Liability Cover<br />

The Concessionaire shall keep itself insured against any liability arising <strong>and</strong> maintain that insurance with respect to all<br />

personnel employed by it for the purposes of the Supply of Water Services <strong>and</strong>/or operation of the Works in a form complying<br />

with current legislation.<br />

e. Material Damage All Risks<br />

28<br />

PPP in Infrastructure Resource Center for Contracts, Laws <strong>and</strong> Regulations (PPPIRC)<br />

Reviewed: Victoria R. Delmon, LEGPS<br />

http://www.worldbank.org/ppp November 2007

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