Phoenix of Tanzania Assurance Company Ltd.

PUBLIC LIABILITY
GENERAL EXCEPTIONS & CONDITIONS
Subject to the terms, exceptions and conditions (precedent or otherwise) and in consideration of, and conditional upon, the prior
payment of the premium by or on behalf of the insured and receipt thereof by or on behalf of the company, the company specified
in the schedule agrees to indemnify or compensate the insured by payment or, at the option of the company, by replacement,
reinstatement or repair in respect of the defined events occurring during the period of insurance and as otherwise provided under
the within sections up to the sums insured, limits of indemnity, compensation and other amounts specified.

Where more than one insurance company or insurer participates in this insurance, the expression “company” shall be amended to
“insurers” wherever it appears in this policy. In this event the percentage share of each insurer will be as expressed in the schedule
of this policy and the liability of each such insurer individually shall be limited to the percentage share set against its name.
Specific exceptions, conditions and provisions shall override general exceptions, conditions and provisions.

General exceptions
1. (A) This policy does not cover loss of or damage to property related to or caused by:
(i) civil commotion, labour disturbances, riot, strike, lockout or public disorder or any act or activity which is calculated
or directed to bring about any of the foregoing;
(ii) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not) or civil war;
(iii) (a) mutiny, military rising, military or usurped power, martial law or state of siege, or any other event or cause which
determines the proclamation or maintenance of martial law or state of siege;
(b) insurrection, rebellion or revolution;
(iv) any act (whether on behalf of any organization, body or person or group of persons) calculated or directed to
overthrow or influence any State or Government or any provincial, local authority with force or by means of fear,
terrorism or violence;
(v) any act which is calculated or directed to bring about loss or damage in order to further any political aim, objective
or cause, or to bring about any social or economic change, or in protest against any State or Government or any
provincial, local or tribal authority, or for the purpose of inspiring fear in the public or any section thereof;
(vi) any attempt to perform any act referred to in clause (iv) or (v) above;
(vii) the act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with
any occurrence referred to in clause A (i), (ii), (iii), (iv), (v) or (vi) above.
If the company alleges that, by reason of clause A(i), (ii), (iii), (iv), (v), (vi) or (vii) of this exception, loss or damage is
not covered by this policy, the burden of proving the contrary shall rest on the insured.
B. This policy does not cover loss or damage caused directly or indirectly by or through or in consequence of any occurrence
for War Damage.

2. Except as regards the Fidelity, Stated Benefits and Group Personal Accident sections
(i) this policy does not cover
(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
ionising radiation’s or contamination by radio-activity from any nuclear fuel or from any nuclear waste from
the combustion of nuclear fuel.
For the purpose of this exception only, combustion shall include any self-sustaining process of nuclear fission.
(ii) the indemnity provided by this policy shall not apply to nor include any loss, destruction, damage or legal liability
directly or indirectly caused by, or contributed to by, or arising from nuclear weapons material.

General conditions
1. Misrepresentation, misdescription and non-disclosure
Misrepresentation, misdescription or non-disclosure in any material particular shall render voidable the particular item,
section or sub-section of the policy, as the case may be, affected by such misrepresentation, misdescription or non-
disclosure.

2. Other insurance
If, at the time of any event-giving rise to a claim under this policy, insurance exists with any other insurers covering the
insured against the defined events, the company shall be liable to make good only a rateable proportion of the amount
payable by or to the insured in respect of such event. If any such other insurance is subject to any condition of average,
this policy, if not already subject to any condition of average, shall be subject to average in like manner.

3. Cancellation

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 Phoenix of Tanzania Assurance Company Ltd.
This policy or any section may be cancelled at any time by the company giving 30 days’ notice in writing (or such other
period as may be mutually agreed) or by the insured giving immediate notice. On cancellation by the insured, the company
shall be entitled to retain the customary short period or minimum premium for the period the policy or section has been in
force. On cancellation by the company, the insured shall be entitled to claim a pro-rata proportion of the premium for the
remainder of the period of insurance from the date of cancellation, subject to general condition 4.

4. Adjustment of premium
If the premium for any section of this policy has been calculated on any estimated figures, the insured shall, after the
expiry of each period of insurance, furnish the company with such particulars and information as the company may require
for the purpose of recalculation of the premium for such period. Any difference shall be paid by or to the insured as the
case may be.

5. Prevention of loss
The insured shall take all reasonable steps and precautions to prevent accidents or losses.

6. Claims
(a) On the happening of any event, which may result in a claim under this policy, the insured shall, at their own expense
(i) give notice thereof to the company as soon as reasonably possible and provide particulars of any other
insurance covering such events as are hereby insured
(ii) as soon as practicable after the event inform the police of any claim involving theft or (if required by the
company) loss of property and take all practicable steps to discover the guilty party and to recover the stolen
or lost property
(iii) as soon as practicable after the event submit to the company full details in writing of any claim
(iv) give the company such proofs, information and sworn declarations as the company may require and forward
to the company immediately any notice of claim or any communication, writ, summons or other legal process
issued or commenced against the insured in connection with the event giving rise to the claim.
(b) No claim (other than a claim under the business interruption, fidelity, stated benefits or group personal accident
section or the personal accident (assault) extension under the money section, if applicable) shall be payable after
the expiry of 24 months or such further time as the company may allow from the happening of any event unless the
claim is the subject of pending legal action or is a claim in respect of the insured’s legal liability to a third party.
(c) No claim shall be payable unless the insured claims payment by serving legal process on the company within 6
months of the rejection of the claim in writing and pursues such proceedings to finality.
(d) If, after the payment of a claim in terms of this policy in respect of lost or stolen property, the property (the subject
matter of the claim) or any part thereof is located, the insured shall render all assistance in the identification and
physical recovery of such property if called on to do so by the company, provided that the insured’s reasonable
expenses in rendering such assistance shall be reimbursed by the company. Should the insured fail to render
assistance in terms of this condition when called upon to do so, the insured shall immediately become liable to repay
to the company all amounts paid in respect of the claim.

7. Company’s rights after an event

(a) On the happening of any event in respect of which a claim is or may be made under this policy, the company and
every person authorized by them may, without thereby incurring any liability and without diminishing the right of the
company to rely upon any conditions of this policy,
(i) take, enter or keep possession of any damaged property and deal with it in any reasonable manner. This
condition shall be evidence of the leave and licence of the insured to the company to do so. The insured shall
not be entitled to abandon any property to the company whether taken possession of by the company or not
(ii) take over and conduct in the name of the insured the defence or settlement of any claim and prosecute in
the name of the insured for their own benefit any claim for indemnity or damages or otherwise and shall
have full discretion in the conduct of any proceedings and in the settlement of any claim. No admission,
statement, offer, promise, payment or indemnity shall be made by the insured without the written consent of
the company.
(b) The insured shall, at the expense of the company, do and permit to be done all such things as may be necessary or
reasonably required by the company for the purpose of enforcing any rights to which the company shall be, or
would become, subrogated upon indemnification of the insured whether such things shall be required before or after
such indemnification.
(c) In respect of any section of this policy under which an indemnity is provided for liability to third parties, the company
may, upon the happening of any event, pay to the insured the limit of indemnity provided in respect of such event or
any lesser sum for which the claim or claims arising from such event can be settled and the company shall thereafter
not be under further liability in respect of such event

8. Fraud
If any claim under this policy is in any respect fraudulent or if any fraudulent means or devices are used by the insured or
anyone acting on their behalf or with their knowledge or consent to obtain any benefit under this policy or if any event is

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 Phoenix of Tanzania Assurance Company Ltd.
occasioned by the wilful act or with the connivance of the insured, the benefit afforded under this policy in respect of any
such claim shall be forfeited.

9. Reinstatement of cover after loss (not applicable to stock on a declaration basis nor to any section where it is stated to
be not applicable)
In consideration of sums insured not being reduced where appropriate by the amount of any loss, the insured shall pay
additional premium on the amount of the loss from the date thereof or from the date of reinstatement or replacement
(whichever is the later) to expiry of the period of insurance.

10. Breach of conditions

The conditions of this policy and sections thereof shall apply individually to each of the risks insured and not collectively to
them so that any breach shall render voidable the section only in respect of the risk to which the breach applies.

11. No rights to other persons

Unless otherwise provided, nothing in this policy shall give any rights to any person other than the insured. Any extension
providing indemnity to any person other than the insured shall not give any rights of claim to such person, the intention
being that the insured shall claim on behalf of such person. The receipt of the insured shall in every case be a full discharge
to the company.

12. Collective insurance’s

If this insurance is a collective insurance then the following amendment is made to general condition 6(a) (iv) above.
"give the leading insurer on behalf of the insurers such proofs, information and sworn declaration as the insurers may
require and forward to the leading insurer immediately any notice of claim or any communication, writ, summons or other
legal process issued or commenced against the insured in connection with the event giving rise to the claim."

and General condition 7 is substituted by the following

"7. Company’s rights after an event
(a) On the happening of any event in respect of which a claim is or may be made under this policy the leading insurer
and every person authorized by them may, without thereby incurring any liability and without diminishing the right of
the insurers to rely upon any conditions of this policy,
(i) take, enter or keep possession of any damaged property and deal with it in any reasonable manner. This
condition shall be evidence of the leave and licence of the insured to the lead insurer on behalf of all insurers
to do so. The insured shall not be entitled to abandon any property to the insurers whether taken possession
of by the leading insurer or not
(ii) take over and conduct in the name of the insured the defence or settlement of any claim and prosecute in
the name of the insured for their own benefit any claim for indemnity or damages or otherwise and shall have
full discretion in the conduct of any proceedings and in the settlement of any claim. No admission, statement,
offer, promise, payment or indemnity shall be made by the insured without the written consent of the leading
insurer.
(b) The insured shall, at the expense of the insurers, do and permit to be done all such things as may be necessary or
reasonably required by the insurers for the purpose of enforcing any rights to which the insurers shall be or would
become subrogated upon indemnification of the insured whether such things shall be required before or after such
indemnification.
(c) In respect of any section of this policy under which an indemnity is provided for liability to third parties, the insurers
may, in the case of any event, pay to the insured the limit of indemnity provided in respect of such event or any
lesser sum for which the claim or claims arising from such event can be settled and the insurers shall thereafter not
be under further liability in respect of such event."

General provisions

A. Claims preparation costs

The insurance by each section of this policy is extended to include costs reasonably incurred by the insured in producing
and certifying any particulars or details required by the company in terms of general condition 6 or to substantiate the
amount of any claim, provided that the liability of the company for such costs in respect of any one claim shall not exceed,
in respect of a particular section, $150/Tshs150, 000 or 10% of the sum insured or limit of indemnity on the item affected,
whichever is the lesser amount, plus any amount stated in the schedule to each section against an item for additional claim
preparation costs.

B. Payments on account
In respect of any section where amounts recoverable from the company are delayed pending finalisation of any claim,
payments on account may be made to the insured, if required, at the discretion of the company.

C. First amount payable

Except where provided for specifically in any section, the amount payable under this policy/section for each and every loss,
damage or liability shall be reduced by the first amount payable shown in the schedule for the applicable defined event.

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 Phoenix of Tanzania Assurance Company Ltd.
D. Liability under more than one section
The company shall not be liable under more than one section of this policy in respect of liability, loss or damage arising
from the same happening in respect of the same liability, loss or damage.

E. Meaning of words
The schedules and any endorsements thereto and the policy wording shall be read together and any word or expression to
which a specific meaning has been given in any part thereof shall bear such meaning wherever it may appear.

F. Premium payment
Premium is payable on or before the inception date or renewal date as the case may be.
The company shall not be obliged to accept premium tendered to it after inception date or renewal date as the case may be
but may do so upon such terms as it at its sole discretion may determine.

G. Holding covered
If the company is holding covered on a risk they will not reject a claim on the basis that the premium has not been agreed.

H. Schedule sums insured blank

If, in a schedule of this policy, the sum insured, limit of indemnity or compensation is:
(i) left blank or has no monetary amount stipulated against it
(ii) reflected as nil or not applicable or not covered or no indemnity extended
this means the defined event or circumstance shown in the schedule is not insured by
the policy.

I. Security firms
If an employee of a security firm employed by the insured under a contract causes loss or damage, the company agrees, if
in terms of the said contract the insured may not claim against the said security firm, not to exercise their rights of recourse
against the said security firm.
The company shall not raise as a defence to any valid claim submitted under any section or subsection of this policy that
the company's rights have been prejudiced by the terms of any contract entered into between the insured and any security
provider relating to the protection of the insured property.

ABI Model Year 2000 Exclusion Clause:

This policy does not cover damage or consequential loss, cost claim or expense, whether preventative or otherwise of whatsoever
nature directly or indirectly caused by or consisting of or arising from the failure, malfunction or inadequacy of any computer
system or network, any computer hardware or software, data processing equipment, computerised component, media, microchip,
embedded chip, integrated circuit or similar devices or other records whether the property of the insured or not, and whether
occurring before, during or after the year 2000.

Correctly to recognise any date as its true calendar date.

To capture, save or retain and/or correctly to manipulate, interpret or process any data or information or command or
instruction as a result of treating any date otherwise than as its true calendar date.

To capture save or retain or correctly to manipulate, interpret any data or information as a result of the operation of any command
which has been programmed into computer system or network, especially any computer hardware or software, data processing
equipment, computerised component, media, microchip, embedded chip, integrated circuit or similar devices, being a command
which causes erasure, loss distortion or corruption of data or information or the inability to capture, save retain or correctly to
process such data on or after any date.

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 Phoenix of Tanzania Assurance Company Ltd.

PUBLIC LIABILITY (CLAIMS MADE BASIS) SECTION

Defined events
Damages which the insured shall become legally liable to pay consequent upon accidental death or bodily injury to or illness of any
person (hereinafter termed injury), or accidental loss of or physical damage to tangible property (hereinafter termed damage)
which occurred in the course of or in connection with the business within the territorial limits and on or after the retroactive date
shown in the schedule, and which results in a claim or claims first being made against the insured in writing during the period of
insurance.

The limits of indemnity

The amount payable, inclusive of any legal costs recoverable from the insured by a claimant or any number of claimants and all
other costs and expenses incurred with the company’s consent for any one event or series of events with one original cause or
source, shall not exceed the limit of indemnity stated in the schedule.

Territorial limits
anywhere in the world but not in connection with
(I) any business carried on by the insured at or from premises outside
or
(ii) any contract for the performance of work outside the United Republic of Tanzania

Special exceptions
the company will not indemnify the insured in respect of
1. Liability consequent upon injury to any person employed by the insured under a contract of service or
apprenticeship and arising from and in the course of such employment by the insured.
2. Damage to
(a) (I) property belonging to the insured
(ii) property in the custody or control of the insured or any employee of the insured
(a) that part of any property on which the insured are or have been working if such damage results directly from such work.
3. Liability consequent upon injury or damage
(a) caused by or through or in connection with any advice or treatment of a professional nature (other than first aid
treatment) given or administered by or at the direction of the insured
(b) caused by or through or in connection with the ownership, possession or use by or on behalf of the insured of any
mechanically propelled vehicle (other than a pedal cycle or lawnmower or any pedestrian controlled garden equipment) or trailer
or of any watercraft, locomotive or rolling stock, provided that this exception shall not relieve the company of liability to
indemnify the insured in respect of liability consequent upon injury or damage caused or arising beyond the limits of any carriage-
way or thoroughfare in connection with the loading or unloading of any vehicle, insofar as such injury or damage is not insured by
any other insurance policy

(c) caused by or through or in connection with

(i) the refuelling of aircraft
(ii) the ownership, possession, maintenance, operation or use of aircraft or an airline
(iii) the ownership, hire or leasing of any airport, airstrip or helicopter pad
(d) caused by or through or in connection with goods or products (including containers and labels) sold or supplied and
happening elsewhere than on premises occupied by the insured other than food and drink supplied incidentally for consumption on
the premises
(e) occurring after the completion and handing over of any work and caused by or through or in connection with any defect
or error or omission from such work.
4. Damage caused by vibration or by the removal or weakening of or interference with support to any land,
building or other structure.
5. liability assumed by agreement (other than under the insured’s own standard conditions of contract) unless liability would
have attached to the insured notwithstanding such agreement.
6. (a) liability in respect of injury, damage or loss of use of property directly or indirectly caused by seepage,
pollution or contamination, provided always that this exception shall not apply where such seepage, pollution or contamination is
caused by a sudden, unintended and unforeseen occurrence.
(b) the cost of removing, nullifying or cleaning up seeping, polluting or contaminating substances unless the seepage,
pollution or contamination is caused by a sudden, unintended and unforeseen occurrence

This exception shall not extend the policy to cover any liability which would not have been insured under this policy in the absence
of this exception.
7. fines, penalties, punitive, exemplary or vindictive damages

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 Phoenix of Tanzania Assurance Company Ltd.
8. (a) damages in respect of judgements delivered or obtained in the first instance otherwise than by a court of
competent jurisdiction within the United Republic of Tanzania
(b) costs and expenses of litigation recovered by any claimant from the insured which are not incurred in and
recoverable in the area described in 8(a) above
9. any claim arising from an event known to the insured
(a) which is not reported to the company in terms of General condition 6
(b) prior to inception of this section
1. any claim (in the event of cancellation or non-renewal of this section) not first made in writing against the
insured within the 48 month period (or extended period in respect of minors) as specified in Specific Condition 2
11. the first amount payable.
The insured shall be responsible for the first amount payable as stated in the schedule in respect of any one claim or
number of claims arising from all events of a series consequent upon or attributable to any one source or original cause.
The provisions of this clause shall apply to claims arising from damage and shall apply to costs and expenses incurred by
the insured.

Memorandum
In respect of this section only, General exception 1 is deleted and replaced by the following:
This section does not cover injury, damage or liability directly or indirectly caused by, related to, or in consequence of war,
invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, mutiny, insurrection, rebellion, revolution,
military or usurped power.

Specific conditions
1. any claim first made in writing against the insured as a result of a defined event reported in terms of General condition 6
(hereinafter termed reported event) shall be treated as if it had first been made against the insured on the same day that
the insured reported the event to the company.
2. In the event of cancellation or non-renewal of the policy
(a) any claim resulting from a reported event, first made in writing against the insured during the 48 months immediately
following cancellation or non-renewal shall be treated as having been made against the insured on the same day that the
insured reported the event. If the claimant is a minor, the period of 48 months will be extended until the expiry of 12
months after the attainment of majority by the claimant
(b) The insured may report an event in terms of General condition 6 to the company for up to 15
days after cancellation or non-renewal, provided.
(i) such event occurred during the period of insurance.
(ii) Any subsequent claim first made in writing against the insured as a result of such event shall be treated
as if it had first been made on the last day preceding cancellation or non-renewal and is subject to the
48 month period specified in 2(a) above.
3. any series of claims made against the insured by one or more than one claimant during any period of insurance consequent
upon one event or series of events with one original cause or source shall be treated as if they all had first been made against
the insured.
(a) on the date that the event was reported by the insured in the terms of General condition 6
or
(b) if the insured was not aware of any event which could have given rise to a claim, on the date that the first claim
of the series was first made in writing against the insured.

Extensions

Extended reporting option

At the option of the insured and subject to payment of an additional premium to be determined and subject to all the terms,
exceptions and conditions of this section, the company agrees to extend the period during which the insured may report an event
in terms of General condition 6 for a period to be agreed, but in no circumstances exceeding 36 months (hereinafter referred to as
extended reporting period).
Provided that
(a) this option may only be exercised in the event of the company cancelling or refusing to renew this section
(b) this option must be exercised by the insured in writing within 30 days of cancellation or non-renewal
(c) once exercised, the option cannot be cancelled by either the insured or the company
(d) the insured has not obtained insurance equal in scope and cover to this section as expiring
(e) the company shall only be liable for a defined event which occurred after the retroactive date but prior to date of
cancellation or non-renewal.
(f) claims first made against the insured or any reported event by the insured during the extended
reporting period shall be treated as if they were first made or reported on the last day preceding the cancellation or non-
renewal
(g) the total amount payable by the company for claims made or reported events during the extended reporting
period shall not have the effect of increasing the limit of indemnity applicable as on the last day preceding the cancellation
or non-renewal
(h) any claim made, following a reported event during the extended reporting period, which is first made against
the insured in writing more than 48 months after the last day preceding cancellation or non-renewal, shall not be subject to

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 Phoenix of Tanzania Assurance Company Ltd.
indemnification by this extension. If the claimant is a minor, the period 48 months is extended until the expiry of 12
months after the attainment of majority by the claimant.

Additional insured
The company will also, as though a separate policy had been issued to each, indemnify
(a) in the event of the death of the insured, any personal representative of the insured in respect of
liability incurred by the insured
(b) any partner or director or employee of the insured (if the insured so request) against any claim for which the
insured is entitled to indemnity under this insurance
(c) to the extent required by the conditions of any contract(and notwithstanding Specific exception 5), and in
connection with any liability arising from the performance of the contract, any employer named in any contract entered into
by the insured for the purposes of the business
(d) in respect of the activities of any social or sports club, welfare organisation, first aid, fire or
ambulance service, canteen or the like, belonging to or formed by the insured for the benefit of their employees
(i) any officer or member thereof
(ii) any visiting sports team or member thereof
provided that
(1) the aggregate liability of the company is not increased beyond the limits of indemnity stated in the schedule
(2) any person or organisation to which this extension applies is not entitled to indemnity under any other policy
(3) the indemnity under (a), (b) and (c) applies only in respect of liability for which the insured may have been
entitled to indemnity if the claim had been made against the insured.

For the purposes of this extension, the company waives all rights of subrogation or action which they may have or acquire
against any of the above, and each party to whom the indemnity hereunder applies shall observe, fulfil and be subject to
the terms, exception and conditions (both general and specific) of this insurance in so far as they can apply.

Security firms
Notwithstanding Specific exception 5, if in terms of a contract with a security firm engaged to protect the insured’s property in the
course of the business of the insured stated in the schedule or persons, the insured becomes legally liable for the acts or omissions
of the employees of the security firm in the course of their employment, then this section includes such legal liability to the extent
that indemnity would have been granted under this section had the said employees been under a contract of service to the insured
and not the security firm, but not exceeding the limit of liability stated in the schedule.
If, at the time of an event giving rise to a claim, the security firm is entitled to indemnity under any other policy in respect of the
same event, the company shall not be liable to make any payment except in respect of any amount above the amount payable
under such other policy.

Cross liabilities
Where more than one insured is named in the schedule, the company will indemnity each insured separately and not jointly, and
any liability arising between such insured shall be treated as though separate policies had been issued to each, provided that the
aggregate liability of the company shall not exceed the limit of indemnity stated in the schedule.

Tool of trade
Specific exception 3(b) shall not apply to the operation as a tool of any vehicle or plant forming part of such vehicle or attached
thereto, provided that the company shall not be liable hereunder in respect of so much of any liability as falls within the scope of
any form of motor insurance or compulsory third party insurance legislation, notwithstanding that no such insurance is in force or
has been effected, nor shall the company be liable where any other form of motor insurance has been effected by the insured
covering the same liability.

Employees and visitor’s property

Specific exception 2(a) (ii) shall not apply to property belonging to any partner, director or employee of the insured or any visitor
to the insured’s premises.

Liability by agreement
Notwithstanding the provisions of specific exceptions 2(a)(ii), 3(b) and 5, this section extends to indemnity the insured
(a) against liability assumed by the insured under any contract entered into with or indemnity given to government or quasi-
government departments, provincial administrations, municipalities and/or similar bodies covering the use of railway
sidings or in respect of cartage (hazardous premises ) agreements and/or agreements of a similar nature
(b) against liability arising from loss of or damage to property belonging to the railways while in the insured’s
custody or control
(c) in respect of liability caused by or through or in connection with any vehicle, trailer, locomotive or rolling stock belonging
to the railways while being used by or on behalf of the insured railway siding.

Unattached trailers
Specific exception 3(b) shall, as far as it relates to trailers, not apply in respect of any trailer not attached to and not having
become unintentionally detached from any mechanically propelled vehicle, provided that the company shall not be liable hereunder
in respect of so much of any liability

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 Phoenix of Tanzania Assurance Company Ltd.
(i) which is insured by or would, but for the existence of this section, be insured by any other policy or policies
effected by the insured
(ii) as falls within the scope of any compulsory third party insurance legislation, notwithstanding that no such
insurance is in force or has been effected

Emergency medical expenses

The company will indemnify the insured for all reasonable expenses incurred by the insured for such immediate medical treatment
as may be necessary at the time of an accident causing injury to any person who may be the subject of a claim for indemnity by
the insured in terms of this section.

Car parks
Notwithstanding the provisions of Specific exception 2(a) (ii), the company will indemnify the insured in respect of liability as
herein provided arising from loss of or damage to vehicles and their contents and accessories, the property of tenants customers
visitors or employees of the insured causing injury to any person who may be the subject of a claim for indemnity by the insured
using parking facilities provided by the insured.

Tenant’s liability
Specific exceptions 2(a)(ii) and 3(b) of this section shall not apply to premises occupied by the insured as tenant (but not as the
owner) thereof.

Product’s liability(if stated in the schedule to be included)

Notwithstanding anything to the contrary contained in specific exception 3(d), the company will indemnify the insured in respect of
defined events happening anywhere in the territories stated in the schedule elsewhere than at premises occupied by the insured,
and caused by goods or products (including containers and labels) sold or supplied (including wrongful delivery and delivery of
incorrect goods) by the insured in connection with the business

The amount payable under this extension, inclusive of any legal costs recoverable from the insured by a claimant or any number of
claimants, and all other costs and expenses incurred with the company’s consent for any one event or series of events with one
original cause or source or during any one (annual) period of insurance, shall not exceed in the aggregate the limit of indemnity
for this extension stated in the schedule.

Additional specific exceptions (applicable to products liability extension)

This extension does not cover liability
(i) for the cost of repair, alteration, recall or replacement of the goods or products (including container and labels)
causing injury or damage
(ii) for the cost of demolition, breaking out, dismantling, delivery, rebuilding, supply and installation of the goods or
products (including containers and labels) and any other property essential to such repair, alteration or replacement unless
physical damaged by the goods or products
(iii) (a) arising from defective or faulty design, formula, plan or specification, but if the insured is a retailer this
specific exception (iii) does not apply if the insured’s activities are wholly restricted to sales, distribution and/or marketing
(including any marketing advisory service accompanying the products) of the product, and the insured’s activities do not
include final preparation which means repackaging, packing, labelling, cleaning or provision of operating instructions prior to
sale to the insured’s original customers, nor include any enhancement, amendment or alteration to the product
(b) arising from inefficacy or failure to conform to specification, unless such inefficacy or
failure is due to negligence in the following of such specification
(iv) arising from goods or products intended to be installed in, or intended to form part of and forming part of an aircraft
(v) in respect of injury or damage happening in the United States of America or Canada caused by or through or in
connection with any goods or products sold or supplied by or to the order of the insured, if such goods or products have, to
the insured’s knowledge, been exported to the United States of America or Canada by or on behalf of the insured.

Defective workmanship liability (if stated in the schedule to be included)

Specific exceptions 2(a) and 3(e) are deleted.

The amount payable under this extension, inclusive of any legal costs recoverable from the insured by a claimant or any number of
claimants and all other costs and expenses incurred with the company’s consent, for any one event or series or events with one
original cause or source or during any one (annual) period of insurance, shall not exceed in the aggregate the limit of indemnity
for this extension stated in the schedule.

Additional specific exceptions (applicable to defective workmanship liability)

This extension does not cover liability
(i) for the cost of rectifying or recalling defective work
(ii) arising from inefficacy of such work or because the work did not produce the result anticipated
or claimed
(iii) arising prior to the handing over of such work
(iv) arising from defective design

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PO Box 5961, Dar es Salaam. Email: infotz@phoenix-assurance.com; Phone: +255 699 990 900 / +255 22 2122 777
 Phoenix of Tanzania Assurance Company Ltd.
(v) arising from any work on any aircraft or part thereof.

Legal defence costs (if stated in the schedule to be included)

If the insured so request, the company will indemnify any employee, partner or director of the insured against costs and expenses
not exceeding the amount stated in the schedule incurred by or on behalf of such person with the consent of the company in the
defence of any criminal action brought against such person in the course of his occupation with the insured arising from an alleged
contravention of the statutes as herein defined during the period of insurance
Provided that
(i) in the case of an appeal, the company shall not indemnify such person unless a senior counsel approved by the
company shall advise that such appeal should, in his opinion, succeed
(ii) the company shall not indemnify such person in respect of any fine or penalty imposed by any magistrate or
judge or any loss consequent thereon
(iii) such person shall, as though he were the insured, observe, fulfil and be subject to the terms, exceptions and
conditions of this policy and this section thereof in so far they can apply.

Wrongful arrest and defamation (if stated in the schedule to be included)

The defined events are extended to include damages
(i) resulting from wrongful arrest (including assault in connection with such wrongful arrest)
(ii) in respect of defamation
provided always that the limits of indemnity as stated shall not exceed 5,000,000 TZS (five million) under each of (i)
and (ii) and TZS. 10,000,000 (ten million) in any one (annual) period of insurance.

E.C. Liability (if stated in the schedule to be included)

Subject otherwise to the terms and conditions and limitations, the following changes are made to this section of the policy in
respect of “injury” or “damage” (as insured by the products liability extension) which results from goods or products exported
to any European Community (E.C) country or any European Free Trade Association (E.F.T.A.) country
1.Specific exceptions 8(a) and 8(b) shall not apply to damages or costs and expenses of litigation recovered by any claimant
in respect of judgements delivered in the first instance in courts of the E.C. or E.F.T.A.
2.in respect of these goods or products (other than raw materials), the insured shall
(a) implement and maintain a system in terms of which these goods or products can be clearly identified by batch
number or serial number or date stamp or other similar manner
(b) note and maintain a record of the date on which the actual goods or products were first put into circulation.
This record shall be maintained so as to provide the required detail for a minimum period of 10 years after the goods or
products were first put into circulation.
3. the information mentioned in 2, together with all supporting documentation, shall be made available to the company or
their nominee at any time on request.
4. In respect of this indemnity, the insured shall be responsible for the first amount payable shown in the schedule for this
extension.

9
PO Box 5961, Dar es Salaam. Email: infotz@phoenix-assurance.com; Phone: +255 699 990 900 / +255 22 2122 777