This Policy shall not indemnify the Insured against any claim arising out of or in respect of:
(i) Any criminal act or act committed in violation of any law or ordinance.
(ii) Services rendered while under the influence of intoxicants or drugs.
(iii) Any procedure performed by dentists and dental surgeons of 1) general anesthesia or 2) any procedure carried out under general anesthesia unless performed in a hospital.
(iv) The use or prescription of drugs for weight reduction course.
(v) Cosmetic plastic surgery, hair transplants, punch grafts, flap rotations and the like (hereinafter referred to as "cosmetics") it being understood that the following shall not be deemed to be cosmetics:
(vi) Third party public liability.
(vii) Any condition directly or indirectly caused by or associated with Human T-Cell Lymphotropic Virus type III (HTLV 111) or LYMPHADENOPATHY ASSOCIATED VIRUS (LAV) or the mutants, derivatives, or variations thereof or in any way related to Acquired Immune Deficiency Syndrome or any Syndrome or condition of a similar kind howsoever it may be named.
(viii) Any liability assumed by the Insured by agreement, and which would not have otherwise been attached in the absence of such an agreement.
(ix) Deliberate, wilful or intentional non-compliance with any statutory provision.
(x) Loss of a purely financial nature such as loss of goodwill, loss of market etc.
(xi) All personal Injury suits for grounds such as libel, slander, false arrest, wrongful conviction, wrongful detention, defamation, etc. and mental Injury, anguish or shock resulting therefrom.
(xii) Fines, penalties, punitive or exemplary Damages.
(xiii) Directly or indirectly occasioned by occurring through or in consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.
(xiv) Directly or indirectly caused by or contributed to by:
- 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.
- Arising out of genetic injuries caused by x-ray treatment/diagnosis or treatment/diagnosis with radioactive substances.
(xv) In respect of professional services rendered by the Insured prior to the Retroactive Date specified in the Schedule.
(xvi) The deliberate, conscious, or intentional disregard of the Insured's technical, administrative or management instructions in respect of taking all reasonable steps to prevent claims by its employees.
(xvii) Injury to any person being under a contract of employment or apprenticeship with the Insured, or the Insured's contractor (s) and/or sub-contractor (s) when such Injury occures in the course of duties performed under such contract or apprenticeship.
(xviii) Any services performed beyond the scope of professional services, treatments, advice typically rendered as a physician/doctor under domestic legislation, ethical codes, and rules.
(xix) The operation of blood banks except where these are purely providing blood or blood products for the herewith Insured operations.
(xx) Total Asbestos Exclusion - any actual or alleged liability whatsoever, directly, or indirectly caused by or resulting from or in consequence of or contributed by or arising out of asbestosis or any related disease (including cancer) resulting from the existence,
production, processing, manufacture, sale, distribution, storage, deposit or use of asbestos, asbestos products and/or products containing asbestos in whatever form or quantity.
(xxi) Terrorism Exclusion - any loss of or Damage to Property or legal liability arising directly or indirectly as a result of or in connection with Terrorism (including, without limitation, contemporaneous or ensuing loss or Damage or legal liability caused by
fire and/or looting and/or theft). Definitions that apply for purpose of this exclusion:
Terrorism means any act or acts of force and/or violence:
- For political, religious, or other ends; and/or
- Directed towards the over-throwing or influencing of the Government de jure or de facto; and/or
- For the purpose of putting the public or any part of the public in fear by any person or persons acting alone or on behalf of or in connection with any organisation.
In any claim and in any action, suit, or other proceedings to enforce a claim under this Policy, the burden of proving that such claim does not fall within the Terrorism Exclusion set out above shall be upon the insured. All other terms and conditions of the Policy shall remain unaltered.
(xxii) Electromagnetic Radiation Exclusion- any actual or alleged loss of or Damage to property or liability whatsoever, directly, or indirectly caused by or resulting from or in consequence of or contributed to buy or arising out of non-ionic radiation, including but not limited to Electro-Magnetic Fields and/ or Electro-Magnetic Interference.
(xxiii) Genetically Modified Organisms Exclusion - any actual or alleged loss of or Damage to property or liability whatsoever, directly, or indirectly caused by or resulting from or in consequence of or contributed by or arising out of existence, production, processing, manufacture, sale, distribution, storage, deposit, consumption, or use of Genetically Modified Organisms ("GMOs").
For the purpose of this exclusion, GMOs shall mean and include:
(i) Organisms or micro-organisms or cells, or the organisms or micro-organisms, cells, or cell organelles, from which they have been derived, which have been subject to a genetic engineering process which resulting in their genetic change.
(ii) Every biological or molecular unit with self-replication potential, or biological or molecular unit with self-replication potential from which they have been derived, which has been subject to a genetic engineering process which resulted in its genetic change.
In the event that the definition of GMO under the applicable laws and/or official regulations relating to applicable laws and/or official regulations relating to genetic engineering or modification in any State, territory or jurisdiction in which a claim is made is wider than the foregoing then such wider definition shall be deemed to be a part of this definition in addition to the foregoing.
(iii) TSE Exclusion - any actual or alleged loss of or Damage to property or liability whatsoever, directly, or indirectly caused by or resulting from or in consequence of or contributed by or arising out of transmissible spongiform encephalopathy ("TSE"), including but not limited to bovine spongiform encephalopathy ("BSE") or new variant Creutzfeld-Jakob disease ("CJD").