Professional Indemnity Insurance Clause - Construction
Drafting notes
This clause presumes that the level and basis of insurance required will be set out in a schedule to the appointment. It could also however be set out in the clause itself. Both the amount of insurance and the basis, whether each and every occurrence or series of occurrences arising from the same event, or in the annual aggregate (or other) should be stated.
Professional indemnity insurance
1 Without limiting its other obligations under this Agreement or otherwise at law, the Consultant shall maintain professional indemnity insurance with a limit of indemnity not less than that stated in Schedule [insert Schedule reference], provided that insurance continues to be available in Kuwait market to consultants of a discipline and standing similar to the Consultant [on reasonable terms and] at commercially reasonable premium rates.
2 The insurance in clause 1 shall:
2.1 not be subject to unusual conditions and/or excesses to those applicable in Kuwait market at the time; and
2.2 be maintained with reputable insurers carrying on business in Kuwait from the commencement of the Services and for a period expiring not less than 12 years after Practical Completion and notwithstanding the termination of this Agreement.