APPENDIX B – Insurance and Indemnity (please read in full)
The project promoter (henceforth referred to as 'the Promoter') accepts
and confirms that the Minister of the Department of Rural and Community Development,
(insert LAG or other indemnifiable party name(s)) is at all times and instances indemnified
from and against all actions, proceedings, costs, damages, expenses, claims,
demands and liabilities (save to the extent that same is due to the gross
neglect or default of the aforementioned parties) arising in any way directly
or indirectly out of:
(a) Any act, default, omission,
or negligence of the Promoter, its servants or agents, or any person in and on
the project area or premises with the promoter's authority or by the promoter's
invitation;
(b) Any act, default, omission or negligence of the Promoter, its
servants or agents (or any persons with the Promoter's authority or invitation)
in or on other areas adjacent to or in the vicinity of the project area or
premises over which the promoter may have rights of access or use;
(c) The Permitted Use; and
(d) Any breach by the Promoter of its obligations, its undertakings, the
conditions or other provisions contained in the contract or subordinate to the
Operating Rules for the Rural Development Programme (LEADER 2014-2022).
The Promoter confirms its responsibility and duty to effect and keep in
force, for the project for which LEADER grant aid is sought, public liability
insurance or other insurance as required.
The Promoter confirms its responsibility and duty to effect and keep in
force, for the project for which LEADER grant aid is sought, public liability
insurance or other insurance as required.
The Promoter shall also give notice to the Minister forthwith upon
becoming aware of the happening of any event which might affect any insurance
policy relating to the project, its assets, premises and any other item subject
to insurance.
If at any time the Promoter shall be entitled to the benefits of any
insurance on the project premises or property (which is not effected or
maintained in pursuance of any obligation herein contained) to apply all monies
received by virtue of such insurance in making good the loss or damage in
respect of which the same shall have been received.
To notify the Minister, the LAG, as appropriate, in writing of any
damage, howsoever occasioned, to the project premises or assets, immediately on
becoming aware of same.
To pay to the Minister, the LAG, as appropriate, on demand the amount of
any insurance monies in respect of the damage to the project premises or assets
which cannot be recovered by reason of any act, default, omission or negligence
of the Promoter, its servants, agents, promoters or invitees.
If and whenever during the 5-year durability period the project premises
or any part thereof are damaged or destroyed by any of the Insured Risks and
the insurance money under the policy of insurance is by reason of any act or
default of the Promoter or anyone at the project premises or by implication
with the Promoter’s authority other than the Minister, the LAG, as appropriate,
its servants agents employees or workmen wholly or partially irrecoverable,
forthwith in every such case to (at the option of the Minister, the LAG, as
appropriate) either:
(a) Rebuild and reinstate at its own expense the property or buildings
contained in the premises or structures subject to an application for grant aid
are part destroyed or damaged to the reasonable satisfaction and under the
supervision of the LAG, as appropriate, surveyor, the Promoter being allowed
towards the expenses of so doing upon such rebuilding and reinstatement being
completed the amount (if any) actually received in respect of such damage or
destruction under any insurance as aforesaid; or
(b) Pay to the LAG, as appropriate, on demand, with interest at the
Prescribed Rate (3% (July 2017)), the amount of such insurance monies so
irrecoverable from the date on which the Promoter shall be notified by its
insurers that such monies are irrecoverable whichever is the least expensive
for the Promoter.