Media Protector Policy (agg)

Transcription

1 (agg) Schedule Policy Number: Original Policy Number: Assured : Address : Proposal Form dated : Assured's Business : Operative Insuring Clauses: 1. Media Perils: Included 2. Indemnity to Printers, Distributors, Retailers and Joint Assureds: Included /Not included 3. Regulatory and Contempt of Court Proceedings: Included/Not included 4. Loss of Documents: Included/Not included 5. Dishonesty of Employees: Included/Not included 6. Employees: Included All as more fully set out in the Markel International (agg) Printers, Distributors, Retailers: (To be indemnified under Insuring Clause 2) Joint Assureds (To be indemnified under Insuring Clause 2) Limit of Indemnity: in the aggregate, inclusive of costs and expenses Excess: each and every claim, including costs and expenses Period of Insurance: From: To: both days inclusive Retroactive Date: Jurisdiction: Premium : plus tax Underwriters: Markel International Insurance Company Limited Markel Building, 49 Leadenhall Street, London, EC3A 2EA United Kingdom Dated : Disclaimer This is an example policy wording and does not represent the cover provided to any particular Assured. For details of the cover applicable to specific entities/individuals please refer to the policy documents issued to them including all endorsements. Markel Media Protector Agg 2005 Markel International of 17

2 I. Insuring Clause In consideration of the payment of the Premium, Underwriters agree to indemnify the Assured in the manner set out below under each of the following Insuring Clauses but only if so stated in the Schedule and always subject to the terms, limitations, exclusions and conditions of this Policy. 1. Media Perils Underwriters agree to indemnify the Assured against any Loss or Withdrawal Expenses arising out of a Claim first made against the Assured and notified to Underwriters during the Period of Insurance for: a) Libel b) Slander c) Malicious falsehood (including Slander of Title, Slander of Goods or product disparagement) d) False attribution of authorship e) Passing off f) Infringement of any intellectual property rights including copyright, trademark, service mark, moral rights, patent rights, registered design g) Breach of confidence or privacy h) Breach of the Data Protection Act 1998 i) Negligent statement j) any civil liability which is not excluded by an Exclusion arising out of any activity undertaken in the conduct of the Assured s Business. 2. Indemnity to Printers, Distributors, Retailers and Joint Assureds The indemnity provided by Insuring Clause 1 shall be extended to cover: a) Notwithstanding Exclusion 12, any sums which the Named Assured shall become legally liable to pay to the printers, distributors or retailers listed in the Schedule arising out of a Claim first made against such printers, distributors or retailers and notified to Underwriters during the Period of Insurance where the Named Assured is contractually liable to indemnify such printers, distributors or retailers; and b) any sums which Joint Assureds shall become legally liable to pay arising out of a Claim first made against such Joint Assureds and notified to Underwriters during the Period of Insurance Markel Media Protector Agg 2005 Markel International of 17

3 provided always that such printers, distributors, retailers or Joint Assureds shall observe, fulfil and be subject to the terms, limitations, exclusions and conditions of this Policy and shall agree that Underwriters may take over conduct of the claim on their behalf as though they were the Named Assured (although there shall be no obligation by Underwriters to do so). 3. Regulatory and Contempt of Court Proceedings Underwriters agree to indemnify the Assured in respect of Defence Costs incurred in: 1) defending or challenging any summons or other document served on the Assured during the Period of Insurance requiring the recipient to attend court to produce Journalistic Material whether or not such summons or other document is issued pursuant to court proceedings or statute but only provided that in the opinion of Underwriters there is a reasonable prospect of successfully defending or challenging such a summons or other document; 2) defending any complaint made during the Period of Insurance to the Press Complaints Commission, Office of Communications (OFCOM) or the Advertising Standards Authority as a result of Content; 3) defending any application or notification during the Period of Insurance to make a Third Party Costs Order against the Named Assured as a result of Content; 4) defending an allegation of contempt of court made during the Period of Insurance arising out of Content, notwithstanding Exclusion 6 insofar as it relates to criminal matters. Underwriters maximum liability under this Insuring Clause shall be 100,000 which shall be part of and not in addition to the Limit of Indemnity. 4. Loss of Documents If during the Period of Insurance the Assured shall discover that any Documents, the property of or entrusted to the Assured, which may now be, or supposed or believed to be, in the custody of the Assured or in the custody of any other person to or with whom such Documents have been entrusted, lodged or deposited by the Assured in the ordinary course of the Assured s Business, have, whilst within United Kingdom, been destroyed or damaged or lost or mislaid and after diligent search cannot be found, Underwriters will indemnify the Assured against: (a) (b) (c) legal liability which the Assured may incur to any other person in consequence of such Documents being destroyed, damaged, lost or mislaid, costs and expenses incurred by the Assured in replacing or restoring such Documents, Defence Costs incurred with the written consent of the Underwriters in the defence or settlement of any claim to establish liability as described in (a) above. It is a condition of this Insuring Clause that any claim for costs and expenses incurred by the Assured in replacing or restoring Documents shall be supported by bills or accounts which shall be subject to approval by the Underwriters or their representatives. Markel Media Protector Agg 2005 Markel International of 17

4 5. Dishonesty of Employees Notwithstanding Exclusion 6, Underwriters agree to indemnify the Assured in respect of direct financial loss discovered during the Period of Insurance caused by the dishonesty of an Employee where such Employee intended to cause the Assured loss or to procure a financial gain for himself or any person or entity in any way connected with him. 6. Employees If the Named Assured so requires, Underwriters will indemnify any Employee against his Loss arising out of any Claim or Proceeding which is covered by whichever of Insuring Clauses 1, 3, and 4 (a) is stated in the Schedule to be included which is made against that Employee personally to the same extent as if the Claim or Proceeding were made against the Assured and subject to the terms, limitations, exclusions and conditions of this Policy, provided always that (i) (ii) (iii) such Employee shall observe, fulfil and be subject to all the terms, conditions and exclusions of this Policy as if he were the Assured, this Clause shall not increase the Limit of Indemnity under this Policy, and the Employee or any person or entity in any way connected with him does not have any direct or indirect financial interest in the proceeds of the Claim and has not made any profit or gain out of the transaction or event giving rise to the Claim or Proceeding either for himself or for any person or entity in any way connected with him. II. DEFINITIONS The following words shall have the same meaning throughout this Policy, whether expressed in the singular or the plural. The masculine gender shall include the feminine. Any reference in this policy to any legislation is to United Kingdom legislation and includes any statutory amendment or re-enactment thereof. Assured Assured s Business Claim Computer The Named Assured and any of their Directors, Partners, and Members acting in the course of the Assured s Business Professional activity of the Named Assured as stated in the Schedule Any written notification or claim document setting out an intention to hold the recipient liable for any cause of action as described in Insuring Clause 1 Any computer or other electronic data processing device, equipment or system, any hardware, software, programme, instruction, data or component utilised or intended to be utilised therein or thereby, or any actual or intended function of or process performed by any of the foregoing. Markel Media Protector Agg 2005 Markel International of 17

5 Content Defence Costs Director Document Published or broadcast material appearing in the publications or programmes listed or described in the Proposal and/or editorial material published on the Named Assured s own website with the Uniform Resource Locator (URL) stated in the Proposal. Costs and expenses incurred by the Assured with Underwriters prior written consent in the investigation and defence of any Claim or Proceeding but does not include remuneration of whatsoever nature due to the Assured, Joint Assured or to any Employee of the Named Assured Director shall have the meaning given by section 741(1) of the Companies Act (1) All documents (excluding stamps, currency, coins, bank notes and bullion, travellers cheques, cheques, drafts, postal orders, money orders, bills of exchange, promissory notes, securities, negotiable instruments and the like) and (2) separable programmes, instructions or data for physical incorporation into any Computer belonging to the Named Assured or for which the Named Assured is legally responsible, whilst in the custody of the Named Assured, or in the custody of any person to or with whom they have been entrusted, lodged or deposited by the Named Assured in the ordinary course of the Assured's Business. Employee Excess Fungi Joint Assured Journalistic Material Jurisdiction Limit of Indemnity Any person, other than a Director, Partner or Member of the Named Assured, who is under a contract of service or apprenticeship with the Named Assured whilst employed or engaged by and under the control of the Named Assured in connection with the Assured's Business. The amount stated in the Schedule. Any fungus or mycota or any byproduct or type of infestation produced by such fungus or mycota, including but not limited to mould, mildew, mycotoxins, spores or any biogenic aerosols. Those listed in the Schedule under the heading Joint Assured whilst acting together with the Named Assured or with the authority of the Named Assured. Printed, manuscript or electronic documents, photographs, film or footage acquired, written or stored for the purpose of journalism and for publication or broadcast in the course of the Assured s Business. Those territories stated in the Schedule. The amount stated in the Schedule. Loss Any sums which the Assured shall become legally liable to pay as Markel Media Protector Agg 2005 Markel International of 17

6 damages and claimants costs resulting from a Claim and Defence Costs Member Named Assured Any person holding that position within a limited liability partnership. Person or entity stated in the Schedule. Partner Partner shall have the meaning given by the Partnership Act Period of Insurance Pollution Premium The period stated in the Schedule Any actual, alleged or threatened discharge, dispersal, release or escape of any solid, liquid, gaseous, or thermal irritant or contaminant including, but not limited to, smoke, vapours, soot, dust, fibres, Fungi, viruses, bacteria, fumes, acids, alkalis, chemicals and waste (including, but not limited to, nuclear waste and materials and material to be recycled, reconditioned or reclaimed) or any actual or alleged advice given, services performed or in any way associated or connected with such irritant or contaminant including but not limited to testing, monitoring, removal, treatment, containment, cleaning up, neutralising or detoxification thereof. The amount stated in the Schedule plus all applicable taxes at the rates from time to time in force. Proceeding Any proceeding as described in Insuring Clause 3. Proposal Terrorism Third Party Costs Order Unlawful Association War The written proposal bearing the date stated in the Schedule and containing particulars and statements together with any other information supplied to Underwriters. The use of force or violence and/or the threat thereof, by any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. Third Party Costs Order made pursuant to the Costs in Criminal Cases (General) (Amendment) Regulations Any organisation which is engaged in Terrorism and includes any organisation which at any relevant time is a proscribed organisation within the meaning of the Terrorism Act War, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power. Withdrawal Expenses Costs and expenses reasonably incurred by the Named Assured with Underwriter s prior written consent as a consequence of the withdrawal, destruction, amendment or alteration to any Content which is necessary due to a Claim. Markel Media Protector Agg 2005 Markel International of 17

7 III. EXCESS 1. The Underwriters shall only be liable for any sums payable under this Policy (including in respect of Defence Costs and Withdrawal Expenses) which exceeds the Excess, which Excess shall apply to each and every Claim or Proceeding or loss under each and every Insuring Clause, regardless of the number of Claims or Proceedings or losses in the Period of Insurance. 2. Except as set out below, all claims arising out of the same cause or event shall be treated as one Claim or Proceeding for the purpose of this clause. 3. Where separate Claims or Proceedings are made by two or more claimants in respect of different allegations in the same Content, each Claim or Proceeding will be treated as a separate claim for the purpose of the Excess. 4. Where more than one claimant makes a Claim in respect of the same allegation in the same Content, such a Claim or Claims will be treated as one claim for the purpose of the Excess. Where two or more claimants claim in respect of the same Content under the same Claim document, such a Claim will be treated as one claim for the purpose of the Excess. 5. If any expenditure is incurred by Underwriters which by virtue of this clause is the responsibility of the Assured then such amount shall be reimbursed to Underwriters by the Assured forthwith. IV. LIMIT OF UNDERWRITERS LIABILITY 1. The total liability of Underwriters for any sums payable under this Policy (including in respect of Defence Costs and Withdrawal Expenses) during the Period of Insurance shall not exceed the Limit of Indemnity irrespective of the number of Claims or Proceedings made or losses and irrespective of the number of parties against whom such Claims or Proceedings may be made. 2. For the purposes of this section Assured shall include printers, distributors, retailers, Joint Assureds, Employees and any person or entity who is given cover under this Policy. V. EXCLUSIONS The heading of each exclusion is for ease of identification only. For the purposes of this section Assured shall include printers, distributors, retailers, Joint Assureds, Employees and any person or entity who is given cover under this Policy. Underwriters shall not be liable to indemnify the Assured in respect of any Claim or Proceeding or Loss or Withdrawal Expenses or any other sum Markel Media Protector Agg 2005 Markel International of 17

8 1. Pre-existing Circumstances which results, directly or indirectly, from any Claim or Proceeding or circumstances existing prior to or at the inception of this Policy and which the Assured knew or ought reasonably to have known would give rise to a Claim or Proceeding or to a Loss or to any liabilities or claim covered by this Policy. 2. Conduct which results, directly or indirectly, from any Claim or Proceeding made in relation to Content where the Assured did not follow any legal advice received prior to publication or broadcast or where the Assured published or broadcast knowing that a Claim or Proceeding could be made against them and that they did not have a reasonable prospect of being able to defend such a Claim or Proceeding. 3. Content which results, directly or indirectly, from any Claim or Proceeding a) made in relation to Content which is or could be regarded as i ii iii iv an advertisement or as sales or promotional material, investment advice, a financial promotion, or obscene or blasphemous. b) relating to any information given or representation made in the Assured s accounts or any financial statements, annual report, prospectus or other investment document issued by or on behalf of the Assured. c) relating to any competition, lottery, or prize competition. d) connected with market abuse (as defined in the Financial Services and Markets Act 2000). 4 General a) which results, directly or indirectly, from any Claim or Proceeding made against the Assured as a result of any pension scheme, trust, employee benefit scheme or any such scheme administered by the Assured or for the benefit of an Employee, Director, Partner or Member of the Assured. b) which results, directly or indirectly, from any Claim or Proceeding for any economic torts including but not limited to unlawful interference with another s business or conspiracy to injure another s business (but excluding malicious falsehood). Markel Media Protector Agg 2005 Markel International of 17

9 c) which results, directly or indirectly, from the Assured s breach of any legislation, statutory instrument, regulation or directive governing tax, competition or restrictions on monopolies or mergers or restraint of trade. d) which relates to the making of or to the possibility of the making of a Third Party Costs Order except as provided by Insuring Clause 3(3) provided that it is operative by virtue of having been stated in the Schedule. 5. Other Insurance in respect of which the Assured is or but for the existence of this Policy would be entitled to indemnity under any other insurance. 6. Dishonest, Criminal and Malicious Acts a) which results, directly or indirectly, from any dishonest, fraudulent, criminal or malicious act or omission of the Assured, other than as provided by Insuring Clause 5 if it is operative by virtue of having been stated on the Schedule. b) under Insuring Clause 5 (if operative by virtue of being stated on the Schedule), which results, directly or indirectly, from any dishonest, fraudulent, criminal or malicious act or omission committed by any person after the discovery of reasonable cause for suspicion of any dishonest, fraudulent, criminal or malicious act or omission in relation to that person. Furthermore, (i) (ii) no person committing or condoning a dishonest, fraudulent, criminal or malicious act or omission shall be entitled to indemnity under this Policy. the following shall be deducted from any amount payable by Underwriters: (a) (b) any monies which but for such act or omission would be due from the Assured to the person committing or condoning such act any monies held by the Assured and belonging to such person 7. Fines / Penalties which is or could be treated as a fine or penalty, punitive, exemplary, restitutionary or non-compensatory damages (other than exemplary damages in respect of libel or slander), damages payable under Section 97(2) of the Copyright, Designs and Patents Act 1988 or any Third Party Costs Order. 8. Bodily Injury / Property Damage which results directly or indirectly from a Claim or Proceeding relating to: a) bodily injury, mental injury, mental anguish, shock, sickness, disease or death sustained by any person (other than for emotional distress arising from any libel Markel Media Protector Agg 2005 Markel International of 17

10 or slander or negligent statement) or arising out of any change of lifestyle or personal circumstances suffered or undertaken by any person, or b) any loss, damage or destruction of property (including Documents), including loss of use thereof, save as provided by Insuring Clause 4 provided that it is operative by virtue of having been stated on the Schedule. 9. Employers Liability which results directly or indirectly from a Claim or Proceeding for any breach of any obligation owed by the Assured as an employer or potential employer to any Employee, former Employee or prospective Employee. 10. Property which results, directly or indirectly, from the ownership, possession or use by or on behalf of the Assured of any land, buildings, aircraft, watercraft, vessel, motor vehicle or other mechanically propelled vehicle. 11. Products which results directly or indirectly from a Claim or Proceeding arising out of goods or products sold, supplied, repaired, altered, manufactured, constructed, installed or maintained by the Assured or by any person acting for or on behalf of the Assured. 12. Contractual Liabilities and Trading Losses which results, directly or indirectly, from: i ii iii any liability assumed by the Assured under contract unless the same liability to the same person or entity would have attached to the Assured notwithstanding such a contract, any indemnity given by the Assured save to the extent indemnified under Insuring Clause 2 if operative by virtue of being so stated on the Schedule, or any trading losses (including loss of advertising revenue or any liability to refund advertising revenue) or liabilities or debts incurred by any business managed by or carried on by the Assured. 13. Consortia and Joint Ventures which results, directly or indirectly, from the operation or existence of any joint venture or consortia in which the Assured has an interest unless Underwriters written agreement to the Assured s participation in such venture or consortia has been first obtained and an endorsement added to this Policy. Markel Media Protector Agg 2005 Markel International of 17

11 14. Financial Interest which results directly or indirectly from a Claim or Proceeding made against the Assured by i ii iii iv any other person falling within the definition of Assured, any parent or subsidiary company of the Assured, any person or entity having a financial, executive or controlling interest in the Assured, or any company or entity in which the Assured or any Director, Partner or Member of the Assured has a financial, executive or controlling interest. 15. Insolvency / Bankruptcy of Assured which results, directly or indirectly, from the insolvency or bankruptcy of the Assured. 16. Computers which results, directly or indirectly, from: i ii iii the failure or inefficacy of any programme, instruction or data for use in any Computer occasioned other than through its physical destruction or damage. any failure of any Computer (by whomsoever owned or operated) to recognise or respond, correctly and effectively, to any particular date or period of time (continuous or otherwise). computer viruses or the failure to prevent unauthorised use of or access to any Computer. 17. Retroactive Date which results, directly or indirectly, from any act, error, event or omission occurring or alleged to have occurred prior to the Retroactive Date (if any) stated in the Schedule. 18. Legal Action arising out of a Claim or Proceeding in a court or before an arbitration tribunal outside the Jurisdiction, made under laws of countries outside the Jurisdiction or where action is brought in a court within the Jurisdiction to enforce a foreign judgment whether by way of reciprocal agreement or otherwise. 19. War and terrorism which results, directly or indirectly, from, in consequence of or in any way involving: Markel Media Protector Agg 2005 Markel International of 17

12 a) War b) Terrorism c) Any unlawful, wanton or malicious act committed by a person or persons acting on behalf of or in connection with any Unlawful Association regardless of any other cause or event contributing concurrently or in any other sequence to the Claim or Proceeding or loss. Also excluded is loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing suppressing or in any way relating to (i) and/or (ii) and/or (iii) above. Provided that this Exclusion shall not apply to a Claim or Proceeding arising out of Content relating to War or Terrorism. If Underwriters allege by reason of this exclusion that any loss, damage, cost or expense is not covered by this Policy the burden of providing the contrary shall be upon the Assured. In the event that any part of this exclusion is found to be invalid or unenforceable, the remainder shall still be of full force and effect. 20. Radioactive Contamination or Nuclear Risks brought about by or contributed to by or consequent upon a) loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss b) any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from i ii ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. 21 Pollution, Asbestos, Fungus which results, directly or indirectly, from, in consequence of or in any way involving a) any Pollution. b) the manufacture, mining, processing, distribution, testing, remediation, removal, storage, disposal, sale, use of or exposure to asbestos or materials or products containing asbestos whether or not there is another cause of loss which may have contributed concurrently or in any sequence to a loss. Markel Media Protector Agg 2005 Markel International of 17

13 c) any Fungi whether or not there is another cause of loss which may have contributed concurrently or in any consequence or in any sequence to a loss. VI. Conditions The heading of each condition is for ease of identification only, For the purposes of this section Assured shall include printers, distributors, retailers, Joint Assureds, Employees and any person or entity who is given cover under this Policy. 1. Conduct The Assured, as a condition precedent to their right to indemnity under this Policy, shall (a) (b) take reasonable care and will do all things reasonably practicable and prudent to avoid a complaint or a Claim or Proceeding being made against them. take reasonable care and will do all things reasonably practicable and prudent to avoid any Loss or Withdrawal Expenses being incurred unnecessarily and to minimize any Loss. 2. Claims Notification The Assured, as a condition precedent to their right to indemnity under this Policy, shall give to Underwriters immediate notice in writing during the Period of Insurance of (i) (ii) (iii) (iv) (v) any Claim or Proceeding, or the receipt of any notice of an intention to make a Claim or Proceeding, or any circumstances of which the Assured shall become aware which might reasonably be expected to give rise to a Claim or Proceeding, giving detailed reasons for the anticipation of such Claim or Proceeding, together with full particulars as to dates and persons involved, or the destruction, damage or loss of any Documents, or the discovery of reasonable grounds for suspicion of any dishonest, fraudulent or criminal act or omission on the part of any Employee. Such notice having been given as required by (ii) or (iii) above, any subsequent Claim or Proceeding made shall be deemed to have been made during the Period of Insurance. 3. Claims Handling (a) The Assured, as a condition precedent to their right to indemnity under this Policy, shall give Underwriters such information and co-operation as Underwriters may reasonably require including all reasonable assistance in defending any Claim, Proceeding, Markel Media Protector Agg 2005 Markel International of 17

14 circumstance or other matter notified to them pursuant to Condition 2 above and securing the co-operation of any appropriate individual to sign a Statement of Truth or any other document necessary to comply with the Civil Procedure Rules. (b) (c) (d) (e) (f) The Assured, as a condition precedent to their right to indemnity under this Policy, shall not admit liability for or settle or attempt to settle any Claim or Proceeding or incur any costs and expenses in connection with any Claim or Proceeding without Underwriters prior written consent (such consent not to be unreasonably withheld). Underwriters shall be entitled, but not obliged, at any time to take over and conduct in the name of the Assured the defence or settlement of any Claim or Proceeding (including any Claim or Proceeding within the Excess) or to prosecute in the name of the Assured for their own benefit any claim for payment, indemnity or damages or otherwise against any third party. The Assured shall not be required to contest any Claim or Proceeding unless Leading Counsel (to be mutually agreed upon by the Assured and Underwriters or, in default of agreement, to be appointed by the President for the time being of the Law Society) shall advise that such Claim should be contested. Underwriters shall not settle any Claim or Proceeding without the consent of the Assured. If however the Assured shall refuse to consent to any settlement recommended by Underwriters and shall elect to contest a Claim or Proceeding, then Underwriters liability for such Claim or Proceeding (including Defence Costs) shall not exceed the amount for which the Claim or Proceeding could have been settled inclusive of Defence Costs incurred with their consent up to the date of such refusal, and then only up to the Limit of Indemnity. The Assured, as a condition precedent to their right to indemnity under this Policy, shall not, except insofar as may be required by law, disclose to anyone the existence of this Policy without Underwriters prior written consent. For the avoidance of doubt, a requirement to disclose the existence of this Policy is not a requirement to disclose its terms and conditions. 4. Subrogation Underwriters shall be subrogated to all the Assured's rights of recovery against any person before or after any payment or indemnity under this Policy and the Assured, as a condition precedent to their right to indemnity under this Policy, shall take all steps necessary to preserve Underwriters rights of subrogation and shall give all such assistance in the exercise of rights of recovery as Underwriters may require. Underwriters agree not to exercise any such rights against any Director, Member or Employee of the Assured unless the Claim or Proceeding is brought about or contributed to by the dishonest, fraudulent, criminal or malicious act or omission of that Director, Member or Employee. Markel Media Protector Agg 2005 Markel International of 17

15 5. Fraudulent Claims If the Assured shall make any request for payment or indemnity knowing the same to be false or fraudulent as regards amount, or otherwise, this Policy shall be void and all payment and indemnity hereunder shall be forfeited. VII. Premium Payment If the Premium has not been paid within 60 days of inception, Underwriters may cancel this Policy by giving 15 days written notice to the Assured or to the Broker. In the event of cancellation, premium is due to Underwriters on a pro rata basis for the period that Underwriters were on risk but the full Premium shall be payable in the event of notification of a Claim or Proceeding or of any circumstances before the effective date of termination. If the Premium is paid in full to Underwriters before the notice period expires, notice of cancellation shall automatically be revoked. If not, the Policy shall automatically terminate at the end of the notice period. VIII. Cancellation This Policy may be cancelled by or on behalf of Underwriters by thirty days notice given in writing to the Assured at the address stated in the Schedule or at their last known address, and the Premium hereon shall be adjusted on the basis of Underwriters receiving or retaining pro rata premium. IX. Third Party Rights The parties to this Policy are Underwriters and the Named Assured. A person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party which exists or is available other than by virtue of the Act. X. Proposal Form The Proposal is the basis of this Policy and is deemed incorporated herein. XI. Law Of Contract This Policy shall be governed by the laws of England and Wales and any dispute in connection herewith shall be submitted to the exclusive jurisdiction of the English Courts. Markel Media Protector Agg 2005 Markel International of 17

16 Notice To The Assured COMPLAINTS If at any time you have any questions or concerns regarding this Policy or the handling of a claim, you should in the first instance refer to your insurance broker or intermediary, if any. If your problem cannot be resolved in this way, please write to the Claims Manager, Professional Liability Division, Markel International Insurance Company Limited, The Markel Building, 49 Leadenhall Street, London, EC3A 2EA. We will advise you of Markel s internal complaints handling procedure, which applies to all Underwriters in the Markel International Group comprising of Markel Syndicate 3000 at Lloyd s and Markel International Insurance Company Limited. If you are still unable to resolve the situation, and are insured with Markel Syndicate 3000, and wish to make a complaint you can do so at any time by referring the matter to the Complaints Department at Lloyd s. Their address is Complaints Department, Lloyd s, One Lime Street, London, EC3M 7HA; Tel: ; Fax: ; Lloyds-Regulatory- Complaints@Lloyds.com Complaints that cannot be resolved by the Complaints Department may if appropriate be referred to the Financial Ombudsman Service. Further details will be provided at the appropriate stage of the complaints process. These complaints procedures do not affect your right to have recourse to legal action or to any other remedy available to you. Markel Media Protector Agg 2005 Markel International of 17