Sanctions Clause. Notwithstanding any other terms under this cover agreement, no Company shall be deemed to provide coverage or will make any payments or provide any service or benefit to any Participant or other party to the extent that such cover, payment, service, benefit and/or any business or activity of the Participant would violate any applicable trade or economic sanctions law or regulation. 19. Procedures to be followed in the event of loss or damage which may give rise to a claim It is a condition precedent to Company’s liability that in the event of a claim you act as follows: 19.1 In the case of theft or hijack, and as soon as the occurrence is known, IMMEDIATE NOTIFICATION must be given to: 19.2 The Company must be notified as soon as possible but not later than TWO WORKING DAYS after the occurrence. 19.3 Take all reasonable steps to recover the stolen property and to discover the guilty party. 19.4 Advise the Company of any claim (other than theft, hijack, or a claim from a third party), as soon as possible from the time of the occurrence that may lead to a claim but not later than TEN WORKING DAYS after the occurrence. 19.5 In the case of a serious claim where damage to the covered vehicle is likely to exceed R100,000 (one hundred thousand Rand) and/or more than one third party is involved in the event, IMMEDIATE NOTIFICATION must be given to: 19.6 Inform the South African Police Service as soon as possible and in any event not later than 24 (twenty four) hours following the accident or theft of property. 19.7 Complete a claim form as soon as is reasonably possible and provide the Company with all material information as requested. The Company will be under no obligation to proceed with a claim if you do not provide, in full, the required information. 19.8 Provide the Participant with material proof, information, sworn declarations and any other documentation that the Company may require as soon as practicable. 19.9 Provide the Company with the particulars of any other cover that covers the same events as any Section of your Agreement. 19.10 Immediately forward to the Company any notice of a claim, communication, writ, summons or other legal process issued or commenced against you in connection with the occurrence. 20. Cover provided by SASRIA 20.1 Subject to the terms, exceptions and conditions contained herein, SASRIA will indemnify the Participant against loss of or damage to the property described in the Statement of Cover directly related to or caused by: 20.1.1 Any act (whether on behalf of any organisation, body, person, or group of persons) calculated or directed to overthrow or influence any State or Government, or any provincial, local or tribal authority with force, or by means of fear, terrorism or violence; 20.1.2 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; 20.1.3 Any riot, strike or public disorder, or any act or activity which is calculated or directed to bring about a riot, strike or public disorder; 20.1.4 Any attempt to perform any act referred to above; and 20.1.5 The act of any lawfully established authority in controlling, preventing, suppressing or in any other way dealing with any occurrence referred to above. 20.2 In this Agreement, the term “Public Disorder” shall be deemed to include civil commotion, labour disturbances or lockouts. 20.3 SASRIA may at its option repair or replace such property or any part thereof or may pay in cash the amount of the loss or damage not exceeding the reasonable retail value of the property covered in the Statement of Cover of this Agreement subject always to clause 8.20. If the property covered is the subject of a hire purchase or similar agreement and the seller or lessor (hereinafter referred to as the “Owner”) is interested in any monies which would be payable to the Participant under this Agreement in respect of loss of or damage to the property covered (which loss or damage is not made good by repair or replacement) such monies shall if so requested in writing be paid to the said Owner and/or to the Participant to the extent of their respective interests as long as they are interested in the said property, and their receipt shall be a full discharge of SASRIA in respect of such loss or damage. Save as herein expressly provided nothing herein shall modify or affect the rights and liabilities of the Participant or SASRIA under or in connection with this Agreement or any condition or term thereof. 20.4 In the event of any part accessory or fitment of whatsoever nature needed to repair or replace damage to the property covered being unprocurable in the Republic of South Africa, as a standard ready manufactured article or in the event of any such article being denied to the Participant for any reason the liability of SASRIA shall be met by the payment of a sum equalling the value of the said article at the time of the loss or damage but not in any case exceeding the manufacturer’s last list price operative in the Republic of South Africa. 20.5 If the property covered under this Agreement is disabled by reason of any loss or damage SASRIA will pay the reasonable cost of protection and removal to the nearest repairers. SASRIA will also pay the reasonable cost of the delivery to the Participant after repair of such loss or damage not exceeding the reasonable cost of transport to the address of the Participant in the Republic of South Africa. 20.6 Consequential loss from any cause whatsoever, depreciation of any nature which shall also mean diminution in value howsoever arising of the covered property consequent upon its having sustained damage covered against and continuing after the repair of such damage, wear and tear and mechanical or electrical breakdown, failure or breakage. 20.7 Loss or damage occasioned by permanent or temporary dispossession resulting from confiscation, commandeering or requisitioning by any lawfully constituted authority. 20.8 Loss or damage caused directly or indirectly by or through or in consequence of any occurrence for which a fund has been established in terms of any War Damage Insurance and Compensation legislation. 20.9 Any loss or damage related to or caused by: 20.9.1 War, invasion, act or foreign enemy, hostilities or warlike operations (whether war be declared or not) or civil war; 20.9.2 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; and 20.9.3 The act of any lawfully established authority in controlling, preventing, suppressing, or in any other way dealing with any occurrence referred above. 20.10 Any claims arising out of any liability assumed by the Participant by agreement, unless such liability would have attached to the Participant in the absence of such agreement. 20.11 Any loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or consequential loss directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity 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. 20.12 The indemnity provided by this Agreement shall not apply to nor include any loss, destruction or damage directly or indirectly caused by or contributed to by or arising from nuclear weapons material.
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Sources: Takaful Agreement, Takaful Agreement