Page 1 of 23 - Kuwait Oil Company

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GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (2001)Page 10 of 23performance of the Services, and shall furnish to the Superintendent copies of all reportsmade to the Contractor’s insurers or third parties.19. INDEMNITIES19.1 The Contractor shall be liable for, and shall indemnify and keep indemnified theCompany against all claims, demands, proceedings, damages, costs, charges andexpenses whatsoever in respect of death, injury, damage or loss to any person or property(including any Company employees or other representatives of the Company and anyproperty of the Company) whatsoever which may arise out of or as a consequence of theperformance of the Services irrespective of the negligence of either party.19.2 The Contractor shall be liable for, and shall indemnify and keep indemnified theCompany against, all losses and claims for injury or death to any personnel in theemployment of the Contractor or its Subcontractor and all losses and claims for damageto Contractor’s or its Subcontractor's property which may arise out of or as aconsequence of the performance of the Services irrespective of the negligence of eitherparty.20. LIMITATION ON LIABILITYNeither the Contractor nor the Company shall be liable for loss of use or anticipatedprofits or other consequential or indirect loss or damage, arising from any causewhatsoever and the parties hereto shall indemnify and keep indemnified each otheragainst all losses, damages and claims therefor.21. INSURANCES21.1 General Third Party Liability PolicyThe Contractor shall effect and maintain a General Third Party Liability Policy,covering its liabilities under clause 19.1 and shall name the Company as principal.The cover under this General Third Party Liability Policy shall be up to the minimumlimit stated in the Contract Specification for any one occurrence, the number ofoccurrences being unlimited.21.2 Motor Vehicle PolicyThe Contractor shall effect and maintain Third Party Motor Vehicle Policy, covering fullunlimited liability (including passenger liability) and all other insurance required inaccordance with Kuwait traffic laws, for all vehicles used or employed on or inconnection with the Services.May 2001
GENERAL CONDITIONS FOR INFORMATION TECHNOLOGY CONTRACTS (2001)Page 11 of 2321.3 Workmen’s Compensation and Employers Liability PolicyThe Contractor shall effect and maintain a Workmen's Compensation Policy andEmployers Liability Policy in accordance with Kuwait Labour Law covering itsliabilities under clause 20.2.21.4 Insurances to be Company approvedThe Contractor shall effect and maintain the insurances stipulated in this clause 21with a Kuwaiti national insurance company, in terms approved by the Company(which approval shall not be unreasonably withheld), and the Contractor shall, priorto the commencement of the Services and whenever required by the Company,produce to the Company the policy or policies of insurance and the receipts of thecurrent premiums.21.5 Waiver of SubrogationThe Contractor’s obtained insurance policies to meet the requirements of the Contractshall include a waiver of subrogation in favour of the Company in the followingterms:"It is hereby agreed that if any payment is made under the Policy No. expiringon in respect of a claim and the Insurer is thereupon subrogated to all the Insured'srights of recovery in relation thereto the Insurer shall not exercise any such right againstKuwait Oil Company and/or its servants, representatives and agents".21.6 Failure to effect InsurancesThe Company may on the Contractor’s failure to effect and keep in force theinsurances required under the Contract obtain and keep in force any such insurancesnot obtained or kept in force by the Contractor and pay any such premium as may benecessary for the purpose and from time to time deduct the amount so paid by theCompany from any moneys due or which may become due to the Contractor orrecover the same as a debt due from the Contractor.21.7 Maintenance of Insurance PoliciesAll insurance policies obtained by the Contractor pursuant to this clause 21 shall containthe provision that they shall not be amended, deleted or permitted to lapse without theexpress prior written approval of the Company.21.8 Evidence of InsuranceThe Contractor shall prior to commencement of the Services, submit to the Company,signed copies of all insurance policies and other concerned documentation asevidence that insurance cover as provided for in this clause has been obtained and iseffective.May 2001
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Page 1 of 23 - Kuwait Oil Company

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