AIRCRAFT HULL AND SPARE ENGINE DEDUCTIBLE INSURANCE. and/or AIRLINES and as more fully set forth herein

Transcription

1 AIRCRAFT HULL AND SPARE ENGINE DEDUCTIBLE INSURANCE. and/or AIRLINES and as more fully set forth herein POLICY NUMBER: PERIOD: FROM 1 DECEMBER, 2011 TO 30 NOVEMBER 2012 BOTH DAYS INCLUSIVE LOCAL STANDARD TIME AT THE INSURED'S ADDRESS

2 ASPEN INSURANCE AVIATION HULL DEDUCTIBLE POLICY WORDING Policy Schedule 1. Name and Address of the Insured LEASING and/or AIRLINES and their associated and managed and affiliated and subsidiary companies now as existing or as may be hereinafter acquired, created or constituted, jointly and severally for their respective rights and interests or as agreed by Insurers. th Floor No, W Road Taipei City 111 Taiwan 2. Policy Period From 1 December, 2011 To 30 November 2012 both days inclusive Local Standard Time at the Insured's address. 3. The Aircraft Hull and Spares "All Risks" Insurance No. Issued by: 4. Premium The premium to be paid to the Insurers in respect of this Insurance is as follows 1. B Aircraft - USD per aircraft 2. B Aircraft - USD per aircraft Returning 15% Profit Commission on Renewal (70% basis) AVN88 on attachment of the second aircraft to full flight risks status. PROFIT COMMISSION ON RENEWAL CLAUSE After expiry of this Policy and following the receipt by the Insurers of the final adjustment of all premiums due and settlement of all Aircraft loss or physical damage claims in respect of this period of insurance and subject to renewal with the Insurers hereon, Insurers agree to return to the Insured a Profit Commission of 15% of the net ascertained profit in respect of this period of insurance.

3 The net ascertained profit shall be calculated by deducting the 'outgo' from the 'income' as follows: Income % of premium paid for Aircraft loss or physical damage coverage less all returns of premium. Outgo Total of settled Aircraft loss or physical damage claims and related expenses less any salvages and recoveries. AVN Rates to be reviewed on attachment of a third aircraft to full flight risks status, subject no losses to the policy. Premium payable as follows: In instalments subject Premium Payment Clause AVN 6A. 1) It is understood and agreed that the premium due at the inception of this Insurance shall be payable in the following instalments: 2) In the event of a claim hereunder which exceeds the instalments of premium paid on this Policy, the instalments of premium then outstanding shall become payable forthwith. Instalment 1: % Due Date: 1 December 2011 Instalment 2: % Due Date: 1 March 2012 Instalment 3: % Due Date: 1 June 2012 Instalment 4: % Due Date: 1 September ) Notwithstanding any cancellation provision contained within the Insurance, in the event that an instalment of premium is not paid by its due date insurers shall have the right to terminate the cover afforded by the Insurance to the Insured and any other party(ies) protected thereby, whether by endorsement or otherwise, by the giving of not less than Thirty (30) days notice in writing to the Insured. Notice shall be deemed to commence from the date such notice is given by the Insurers. AVN 6A (Amended) Address for Notices All notices pursuant to the terms and conditions of this Policy shall be given to:

4 Schedule of Aircraft Aircraft Delivery Date Registration Number Manufacturers Serial Number Total Agreed Value Pro Rata Value 1 B Inception XU-TSB USD USD 2 B March 2012 XU-TSE USD USD Total Value USD USD

5 INSURING AGREEMENTS Whereas the Insured has in force an Aircraft Hull and Spares and Equipment "All Risks" Insurance issued by the Insurers specified in the Policy Schedule (hereinafter referred to as the Hull and Spares and equipment "All Risks" Insurance) and whereas the Hull and Spares and Equipment "All Risks" Insurance covers the aircraft described in the Schedule of Aircraft herein and aircraft spare engines, subject to certain deductibles, Now this Policy is to indemnify the Insured in respect of loss of or damage to the aforesaid aircraft or aircraft spare engines caused by ingestion whilst undergoing test running for which a valid and collectible claim is made under the Hull and Spares and Equipment "All Risks" Insurance (or could be made but for the application of the deductibles contained therein). This Policy applies only to such loss of or damage to the aircraft or aircraft spare engines which is sustained during the Policy Period. LIMIT OF INSURERS' LIABILITY The liability of the Insurers shall be calculated in accordance with the terms of the Hull and Spares and Equipment "All Risks" Insurance but shall not exceed the difference between: (a) THE HULL AND SPARES AND EQUIPMENT "ALL RISKS" INSURANCE DEDUCTIBLES OF: B aircraft: USD each loss B aircraft: USD each loss In the event of an incident arising involving the application of more than one deductible then the highest deductible shall be applied as an aggregate deductible for all losses arising out of that incident. AND (b) THE FOLLOWING AMOUNTS WHICH SHALL BE RETAINED BY THE INSURED FOR THEIR OWN ACCOUNT B / B aircraft: USD each loss In the event of an incident arising involving the application of more than one retention then the highest retention shall be applied as an aggregate retention for all losses arising out of that incident. IN NO EVENT HOWEVER shall the liability of Insurers in respect of all losses occurring during the Policy Period exceed in the aggregate the sum of USD, This Insurance is a policy of indemnity and in no event shall the amount recoverable exceed the actual cost of repair as agreed between the Insurers and the Insured, less the applicable retention set out in paragraph (b) above.

6 EXCLUSIONS This Policy does not apply to:- (a) (b) claims in respect of loss of use or any other consequential loss loss of or damage to any part of an Aircraft which is due and confined to wear and tear, deterioration, freezing, mechanical, structural, or electrical breakdown or failure, howsoever caused, but this exclusion shall not apply to any resultant loss or damage caused by such wear and tear, deterioration, freezing, mechanical, structural, or electrical breakdown or failure. For the purposes of this exclusion (1) damage caused by, or attributed to, the ingestion of stones, grit, dust, sand, ice or any corrosive or abrasive material, or any other substance which has a progressive or cumulative damage effect is deemed to be wear, tear, or deterioration and is excluded from this Policy. Nevertheless, damage caused by the accidental, sudden, immediate, and unexpected ingestion of an object or objects, attributable to a single recorded incident requiring the immediate withdrawal of the engine from service or if this is impractical upon first landing thereafter is covered hereunder. (2) each Aircraft engine inclusive of the ancillaries necessary for its operation as an engine shall be regarded as a single Aircraft part. (c) (d) (e) claims excluded by the WAR, HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) AVN 48B attached to this Policy. claims excluded by the NUCLEAR RISKS EXCLUSION CLAUSE AVN 38B attached to this Policy. claims excluded by the DATE RECOGNITION EXCLUSION CLAUSE AVN 2000A attached to this Policy. This Policy is subject to the CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE AVN 72 attached to this Policy CONDITIONS 1. This Policy is subject to the same warranties, terms and conditions, (except as regards premium, the obligation to investigate, the renewal agreement, (if any), the amount, and liability and, except as otherwise provided herein), as are contained in or as may be added to the above mentioned Hull and Spares and Equipment All Risks Insurance Policy, prior to the happening of a loss for which a claim is made hereunder. 2. It is a condition of this Policy that the Hull and Spares and Equipment "All Risks" Insurance shall be maintained in full effect during the currency of this Policy, and that all aircraft insured under the Hull and Spares and Equipment All Risks Insurance Policy are insured under this policy unless otherwise agreed. 3. The Insured shall at its own expense take all reasonable precautions, and comply with all reasonable recommendations of the Insurers to prevent loss or damage, and comply with statutory requirements and manufacturers recommendations

7 4. Notice of any event likely to result in a claim under this Policy shall be given to the person(s) specified for the purpose in the Policy Schedule, to whom the Insured shall furnish full particulars in writing of such event. The Insured shall do and concur in doing all things reasonably practicable to diminish any such loss. 5. This Policy shall be governed by the laws of Taiwan whose courts shall have jurisdiction in any dispute arising hereunder, however any such dispute or difference may be submitted to arbitration in London in accordance with the Statutory provision for arbitration for the time being in force. 6. If the Insured shall make any claim, knowing the same to be false or fraudulent as regards amount or otherwise, this Policy shall become void and all claims hereunder shall be forfeited. 7. This Policy may be cancelled by either the Insurers or the Insured giving 30 days notice in writing of such cancellation. If cancelled by the Insurers, a pro-rata portion of the premium in respect of the un-expired period will be returned. If cancelled by the Insured, a return of premium shall be at the discretion of the Insurers. No return of premium will be made if a loss is paid, or is payable, under this policy. This condition shall not override any cancellation provision applicable to any specific coverage afforded by this policy.

8 NUCLEAR RISKS EXCLUSION CLAUSE (1) This Policy does not cover: ATTACHMENT 1 (i) (ii) loss of or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from: (a) (b) (c) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; the radioactive properties of, or a combination of radioactive properties with toxic, explosive or other hazardous properties of, any other radioactive material in the course of carriage as cargo, including storage or handling incidental thereto; ionizing radiations or contamination by radioactivity from, or the toxic, explosive or other hazardous properties of, any other radioactive source whatsoever. (2) It is understood and agreed that such radioactive material or other radioactive source in paragraph (1) (b) and (c) above shall not include: (i) (ii) depleted uranium and natural uranium in any form; radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, educational or industrial purpose. (3) This Policy, however, does not cover loss of or destruction of or damage to any property or any consequential loss or any legal liability of whatsoever nature with respect to which: (i) (ii) (iii) the Insured under this Policy is also an insured or an additional insured under any other insurance policy, including any nuclear energy liability policy; or any person or organization is required to maintain financial protection pursuant to legislation in any country; or the Insured under this Policy is, or had this Policy not been issued would be, entitled to indemnification from any government or agency thereof. (4) Loss, destruction, damage, expense or legal liability in respect of the nuclear risks not excluded by reason of paragraph (2) shall (subject to all other terms, conditions, limitations, warranties and exclusions of this Policy) be covered, provided that: (i) in the case of any claim in respect of radioactive material in the course of carriage as cargo, including storage or handling incidental thereto, such carriage shall in all respects have complied with the full International Civil Aviation Organization "Technical Instructions for the Safe Transport of Dangerous Goods by Air", unless the carriage shall have been subject to any more restrictive legislation, when it shall in all respects have complied with such legislation;

9 (ii) (iii) this Policy shall only apply to an incident happening during the period of this Policy and where any claim by the Insured against the Insurers or by any claimant against the Insured arising out of such incident shall have been made within three years after the date thereof; in the case of any claim for the loss of or destruction of or damage to or loss of use of an aircraft caused by or contributed to by radioactive contamination, the level of such contamination shall have exceeded the maximum permissible level set out in the following scale: Emitter (IAEA Health and Safety Regulations) Beta, gamma and low toxicity alpha emitters All other emitters Maximum permissible level of nonfixed radioactive surface contamination (Averaged over 300 cm 2 ) Not exceeding 4 Becquerels/cm 2 (10-4 microcuries/cm 2 ) Not exceeding 0.4 Becquerels/cm 2 (10-5 microcuries/cm 2 ) (iv) the cover afforded hereby may be cancelled at any time by the Insurers giving seven days' notice of cancellation AVN 38B

10 ATTACHMENT 2 WAR, HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) This Policy does not cover claims caused by (a) (b) (c) (d) (e) (f) (g) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power. Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. Strikes, riots, civil commotions or labour disturbances. Any act of one or more persons, whether or not agents of a sovereign Power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional. Any malicious act or act of sabotage. Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any Government (whether civil military or de facto) or public or local authority. Hi-jacking or any unlawful seizure or wrongful exercise of control of the Aircraft or crew in Flight (including any attempt at such seizure or control) made by any person or persons on board the Aircraft acting without the consent of the Insured. Furthermore this Policy does not cover claims arising whilst the Aircraft is outside the control of the Insured by reason of any of the above perils. The Aircraft shall be deemed to have been restored to the control of the Insured on the safe return of the Aircraft to the Insured at an airfield not excluded by the geographical limits of this Policy, and entirely suitable for the operation of the Aircraft (such safe return shall require that the Aircraft be parked with engines shut down and under no duress) AVN. 48B

11 DATE RECOGNITION EXCLUSION CLAUSE ATTACHMENT 3 This Policy does not cover any claim, damage, injury, loss, cost, expense or liability (whether in contract, tort, negligence, product liability, misrepresentation, fraud or otherwise) of any nature whatsoever arising from or occasioned by or in consequence of (whether directly or indirectly and whether wholly or partly): (a) the failure or inability of any computer hardware, software, integrated circuit, chip or information technology equipment or system (whether in the possession of the Insured or of any third party) accurately or completely to process, exchange or transfer year, date or time data or information in connection with any change of year, date or time; whether on or before or after such change of year, date or time; (b) (c) any implemented or attempted change or modification of any computer hardware, software, integrated circuit, chip or information technology equipment or system (whether in possession of the Insured or of any third party) in anticipation of or in response to any such change of year, date or time, or any advice given or services performed in connection with any such change or modification ; any non-use or unavailability for use of any property or equipment of any kind whatsoever resulting from any act, failure to act or decision of the Insured or of any third party related to any such change of year, date or time; and any provision in this Policy concerning any duty of Insurers to investigate or defend claims shall not apply to any claims so excluded AVN 2000A

12 ATTACHMENT 4 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE The rights of a person who is not a party to this insurance or reinsurance to enforce a term of this insurance or reinsurance and/or not to have this insurance or reinsurance rescinded, varied or altered without his consent by virtue of the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this insurance or reinsurance. AVN ASPENRE0011

13 ATTACHING TO AND FORMING PART OF POLICY NUMBER: IN THE NAME OF: and/or AIRLINES and as more fully set forth herein DATE RECOGNITION LIMITED COVERAGE CLAUSE WHEREAS the Policy of which this Endorsement forms part includes the Date Recognition Exclusion Clause (Clause AVN 2000A), it is hereby understood and agreed that, subject to all terms and provisions of this Endorsement, Clause AVN 2000A shall not apply: (1) to any accidental loss of or damage to an aircraft defined in the Policy Schedule ( Insured Aircraft ); (2) to any sums which the Insured shall become legally liable to pay, and (if so required by the Policy) shall pay (including costs awarded against the Insured) in respect of: (a) accidental bodily injury, fatal or otherwise, to passengers caused by an accident to an Insured Aircraft; and/or (b) loss of or damage to baggage and personal articles of passengers, mail and cargo caused by an accident to an Insured Aircraft; and/or (c) accidental bodily injury, fatal or otherwise, and accidental damage to property caused by an Insured Aircraft or by any person or object falling therefrom. PROVIDED THAT: 1. Coverage provided pursuant to this Endorsement shall be subject to all terms, conditions, limitations, warranties, exclusions and cancellation provisions of the Policy (except as specifically provided herein), and nothing in this Endorsement extends coverage beyond that which is provided by the Policy. 2. Nothing in this Endorsement shall provide any coverage: (a) in respect of grounding of any aircraft; and/or (b) in respect of loss of use of any property unless it arises out of physical damage to or destruction of property in the accident giving rise to a claim under the Policy. 3. The Insured agrees that it has an obligation to disclose in writing to the Insurers during the Policy period any material facts relating to the Date Recognition Conformity of the Insured s operations, equipment and products. AVN 2001A (Applicable to Hull and Aircraft Liability Coverage)

14 ATTACHING TO AND FORMING PART OF POLICY NUMBER: IN THE NAME OF: and/or AIRLINES and as more fully set forth herein ENDORSEMENT NUMBER ONE It is hereby understood and agreed, effective inception:- 1. The Hull and Spares and Equipment "All Risks" Insurance excludes all forms of Total Loss. 2. The Situation is as per the Hull and Spares and Equipment "All Risks" Insurance. 3. Notwithstanding anything herein to the contrary: Additions and Deletions of Aircraft and Spare Engines hereunder are automatically covered at pro-rata reinsurance terms following such addition or deletion on the Hull and Spares "All Risks" policy subject to advice to Insurers and pro rata premium payable. 4. Insurers agree to follow automatically any additional Insureds, waivers of subrogation, lienholders, breach of warranty agreements, hold harmless agreements, contractual agreements (including as per Airline Finance/Lease Contract Endorsement AVN 67A/B/C) and/or loss payees as are contained in the Hull and Spares and Equipment "All Risks" Insurance as far as applicable. 5. This insurance shall be governed by and construed in accordance with the law of Taiwan and each party agrees to submit to the exclusive jurisdiction of the Courts of Taiwan, unless both parties agree to refer the matter to arbitration. SUBJECT TO POLICY TERMS, CONDITIONS, LIMITATIONS AND EXCLUSIONS.