Vastutuskindlustuspoliis

Liability Insurance for Technical Consultants GLI 53:1 Valid from September 1, 2016 This being a translation, the original Swedish wording Ansvarsförsäkring för Tekniska konsulter GLI 53:1 shall always prevail. Liability Insurance for Technical Consultants GLI 53:1 This being a translation, the original Swedish wording Ansvarsförsäkring för Tekniska konsulter GLI 53:1 shall always prevail. Insurer: Moderna Försäkringar, a branch of Tryg Forsikring A/S | Swedish Companies Registration Office | Reg. No. 516403-8662. Tryg Forsikring A/S | Danish Business Authority | CVR-No. 24260 666 | DK-2750 Ballerup | Denmark These terms of insurance comprise part of the insurance contract between the policyholder and Moderna Försäkringar, hereinafter "Moderna". The scope of the insurance is set forth in the insurance contract, which comprises:  the insurance policy or insurance certificate, with specifications and special terms and conditions, if any  these terms and conditions, including the General Contract Terms and Conditions and Definitions Explanations  the Swedish Insurance Contracts Act (2005:104)  other Swedish law The insurance policy or the insurance certificate with specifications and attached terms of insurance shall take precedence over non-mandatory provisions of law. If the various parts of the insurance contract contain conflicting provisions, priority in interpretation shall be given in the order stated above; however, always such that special rules take precedence over general rules. Italic font is used when a word, expression, or concept is explained in the Definitions Explanations. Table of contents Liability insurance for Technical Consultants ............................................................................................ 4 1. Who is insured and what operations are insured .................................................................. 4 2. When the insurance apply ......................................................................................................... 4 3. Where the insurance apply ....................................................................................................... 4 4. Sum insured Maximum indemnification .............................................................................. 4 5. What the insurance covers ........................................................................................................ 5 6. Exclusions .................................................................................................................................... 5 7. Deductible .................................................................................................................................... 7 8. Master insurance ........................................................................................................................ 7 General Contract Terms and Conditions .................................................................................................... 9 10.1 The insurance contract .............................................................................................................. 9 10.2 Premium payments .................................................................................................................... 9 10.3 Premature termination or amendment of the insurance contract ................................... 10 10.4 Duty of disclosure and increase of the risk ........................................................................... 10 10.5 Insurance brokers ..................................................................................................................... 11 10.6 General exclusions.................................................................................................................... 11 10.7 Measures in the event of loss.................................................................................................. 12 10.8 Claims adjustment provisions and limitation of actions .................................................... 12 10.9 Claims adjustment rules .......................................................................................................... 13 10.10 Double insurance ...................................................................................................................... 15 10.11 Subrogation ............................................................................................................................... 15 10.12 Retrieval...................................................................................................................................... 15 10.13 Set-off clause ............................................................................................................................. 15 10.14 Force Majeure ........................................................................................................................... 15 10.15 Personal data ............................................................................................................................. 15 10.16 Currency date ............................................................................................................................ 15 10.17 Companies which are subject to sanctions .......................................................................... 15 10.18 Disputes...................................................................................................................................... 16  10.19 Swedish Insurance Contracts Act .......................................................................................... 16 Definitions Explanations ........................................................................................................................... 17 Liability Insurance for Technical Consultants 1. Who is insured and what operations are insured 1.1 Insured and insured operations The insurance applies to the operations stated in the insurance policy and covers:  the policyholder;  companies which are subsidiaries of the policyholder and which are stated in the insurance policy;  directors and employees for loss caused while in service at an insured company;  other co-insureds stated in the insurance policy. 1.2 Subsidiaries divested during the policy period Subsidiaries which are insured under the insurance policy and which are divested during the policy period shall cease to be an insured at the time upon such divestment. Any company which otherwise ceases to be a subsidiary during the policy period shall simultaneously cease to be an insured. 1.3 Subsidiaries which are added during the policy period During the policy period, any additional subsidiary with a registered office outside of North America shall be co- insured for 60 days commencing the date on which the subsidiary was acquired or formed, provided that:  the subsidiary's operations are an insured operation in accordance with the insurance policy;  the aggregate annual sales of all subsidiaries which are acquired or formed on a single occasion do not exceed 20% of the already insureds' annual sales on which the premium is based, however not to exceed SEK 300,000,000;  the policyholder pays the supplemental premium which Moderna may invoice with respect to 60-days' insurance coverage in accordance with the provisions of the General Contract Terms and Conditions. Continued insurance coverage (after 60 days) with respect to additional subsidiaries pursuant to the above requires a supplemental agreement. 2. When the insurance apply The insurance covers claims in damages which relate to loss which is discovered during the time when the insurance is in force (the policy period). The insurance policy states whether other rules apply to the validity of the liability insurance. With respect to a contracting party, the insurance covers loss which is discovered within ten years from the date on which the engagement was completed or otherwise terminated. Coverage under the insurance is conditional on the insured, at the inception date of the insurance, not having been aware of the damage in question. 3. Where the insurance apply The insurance covers loss which occurs in the Nordic region and which relates to an existing operation, building, facility, or other project in the Nordic region. 4. Sum insured Maximum indemnification For each engagement, Moderna's maximum aggregate duty of indemnification for the undertakings made in section 5 shall be limited to the sum insured stated in the insurance policy. For all engagements during the policy period, the indemnification shall be limited to three sum insured. If whole or part of a loss can be covered under more than one item of coverage stated in the insurance policy, and/or special terms and conditions with their own sum insured or indemnification limits, only one such item of coverage or special term or condition may be used for a single loss. In such case, the insured must select which item of coverage or special term or condition it wishes to invoke for its claim for insurance coverage. In the event of a serial loss*, the insurance coverage is limited to one sum insured, regardless of whether the losses were discovered during one or more years. In such case, the insurance shall apply up to and including the sum insured which applied at the time when the first loss was discovered. * Serial loss means all losses resulting from, or alleged to result from, the same or similar causes, provided the individual causes do not have any internal connection. Examples of causes include: errors or omissions in drawings, descriptions, calculations, construction, instructions, or directions. In the event of more than one environmental loss caused by a single event, the insurance coverage shall be limited to one sum insured. In such case, the insurance shall apply up to the sum insured which applied at the time when the first loss was discovered. For insurance coverage with respect to:  subsections 4.1 4.3;  extended coverage with a sum insured limit or an indemnification limit specifically stated in the insurance policy, 4 (18) Moderna's total duty to indemnify shall be limited to the amount stated for the insurance condition in question. The amount of such insurance condition (sub-limit) is included in, and shall not increase, the sum insured of the liability insurance. 4.1 Necessary quantity In the event of a loss which consists of an omitted or erroneously calculated quantity (for example of material, volumes, or labor costs), the insurance coverage is limited to 120 price base amounts per engagement. The limitation refers only to omitted or erroneously calculated quantities, including any labor costs. Other additional costs which increase expenses and are incurred as a result of the omission or erroneously calculated quantity are otherwise covered in accordance within the scope of the insurance. 4.2 Infringement of intellectual property rights In the event of a loss where the claim relates to infringement of intellectual property rights, the insurance coverage is limited to 120 price base amounts per engagement. Patent rights are, however, not included, see section 6.14. 4.3 Loss of information In the event of a loss incurred as a result of loss or destruction of information which belongs to the insured or which the insured has been engaged to take charge of, the insurance coverage is limited to 120 price base amounts per engagement. Damage resulting from malware is, however, not covered, see section 6.15. 5. What the insurance covers 5.1 Scope The insurance covers liability in damages for personal injury and property damage, as well as pure financial loss which the insured, in its advisory activities, causes a contracting party in conjunction with the type of engagement stated in the insurance policy in accordance with:  general tort law;  General Conditions of Contract for Consulting Agreements for Architectural and Engineering Assignments (ABK);  other general provisions issued by industry organizations within the insured's scope of operations, such as NKL, FIDIC, WhiteBOOK and Orgalime. Other generally accepted standard agreements or client-specific agreements are covered to the extent that they correspond to the general provisions, listed above, issued by the industrial organization in the insured's scope of operations. Undertakings or liability broader than that under the general provisions issued by the industry organization within the insured's scope of operations shall not be included. 5.2 Undertakings When a claim for damages is brought against an insured which may be covered by the insurance and may be deemed to exceed the contracted deductible, Moderna undertakes to:  investigate whether liability for damages exists;  negotiate with the party claiming damages;  represent the insured in litigation or arbitration for the insured and, in such case, pay the litigation or arbitration costs which arise with respect to the insured or which the insured is ordered to pay and which the insured cannot obtain from the opposing party or another party;  pay such damages, including interest thereon, which the insured is obligated to pay. Moderna shall decide whether special expertise must be retained to investigate, negotiate, conduct litigation or arbitration, or to determine the amount of damages or other costs. The cost for such expertise is included in the undertaking pursuant to the above and is included in the sum insured pursuant to section 4. Moderna also undertakes to indemnify reasonable costs for salvage measures pursuant to the rules set forth in the General Contract Terms and Conditions, section 10.7. 6. Exclusions In addition to general exclusions pursuant to section 10.6 of the General Contract Terms and Conditions, the following exclusions shall apply. 6.1 Claims between insureds (Cross liability) The insurance shall not cover loss which the insureds cause each other, unless otherwise stated in the insurance policy. 5 (18) 6.2 Excluded parties The insurance shall not cover:  loss caused to a partner in the insured business;  loss caused to a company in the same corporate group;  loss caused by a party other than the insured in a joint venture agreement. 6.3 Rented, leased, borrowed, or utilized property The insurance shall not cover loss with respect to property which the insured or another party, on its behalf, rents, leases, borrows, or otherwise utilizes. 6.4 Undertakings and warranties The insurance shall not cover loss to the extent the claim for damages can only be based on express or implied undertakings or warranties. The insurance shall under no circumstances apply to undertakings in the form of "hold harmless agreements" whereby the insured holds a contracting party harmless. The insurance shall, however, provide coverage if the insured has caused damage through negligence and the claim for damages relates to costs which the insurance otherwise covers. 6.5 Occupational injury The insurance shall not cover occupational injury suffered by the insured's employee. The insurance shall also not cover occupational injury incurred by a party other than the insured's employee where the injured party is covered by worker's compensation insurance, occupational injury insurance, or similar insurance coverage. If a specific type of indemnifiable loss in conjunction with personal injury, for example loss of income, is not covered by another insurance policy pursuant to the preceding sentence, the insurance shall cover claims in damages in excess of the deductible with respect to such item of indemnification. However, the insurance shall provide coverage for any subrogation claim made against the insured under another insurance policy. Furthermore the insurance shall also not provide coverage for a gradually incurred occupational injury, for example illness, infection or poor health. 6.6 Laws, public authority orders or decisions The insurance shall also not cover loss which is caused through a violation or disregard of any law, other statute, public authority provision or decision, judicial decision or order, unless the insured can prove that the insured or its management neither had, nor should have had, knowledge about such disregard. 6.7 Fines, penalties, or exemplary damages The insurance shall not cover fines, penalties, exemplary damages (such as punitive damages), building construction charges, or other similar compensation or sanction, nor does it cover litigation costs in connection with criminal cases or cases regarding any other sanction. The insurance shall also not cover claims for compensation which originate in fines, penalties, exemplary damages or building construction charges, unless they involve damages which the insured can prove that it would have been obligated to pay in the absence of fines, penalties, or chargers. 6.8 Construction contracting operations or delivery of materials The insurance shall not cover damage which:  can be imposed on the insured as a result of construction contracting operations, installation, interference in a building or facility, or delivery of material;  arises in conjunction with measurement, marking, felling trees, drilling, blasting, digging or similar measure, notwithstanding that the undertaking has a connection to the advisory activities;  arises in conjunction with dealing with, or physical interference with, a facility, such as trials, testing, startup, tuning up, or troubleshooting. 6.9 Aesthetic loss The insurance shall not cover loss which consists of design, material, etc. of an object or part thereof becoming visually unattractive. 6.10 Delay The insurance shall not cover loss which is caused by the insured failing to deliver a program, system, or service within an agreed time. The insurance shall also not cover loss which is a result of the failure to report an engagement or part thereof in due time. 6.11 Remediation The insurance shall not cover costs in connection with remediation of errors in documents. 6 (18)  6.12 Cancellation of agreement The insurance shall not cover loss which is a result of the cancellation of an agreement between the insured and its principal. 6.13 Property appraisal and transfer inspection The insurance shall not cover liability which may be imposed on the insured as a result of property appraisal or transfer inspection, unless it is specifically identified in the insurance policy as an insured activity. 6.14 Patent The insurance shall not cover loss where the claim relates to infringement of patent rights, nor shall it provide coverage for lost production, lost contribution to profit, lost profits, or other financial loss as result of such infringement. 6.15 Malware The insurance shall not cover loss caused through malware, regardless of the cause. 7. Deductible 7.1 Deductible For each and every loss, an amount which constitutes the insured's deductible is deducted from the aggregate costs for the undertaking under section 5. For each and every loss, the deductible is one price base amount unless otherwise agreed. Each and every defect or omission in drawings, descriptions, calculations, advice, or instructions are, in this context, deemed one loss. 7.1.1 Serial loss Several losses shall be regarded as one loss if they originate in the same defect or the same act of negligence in drawings, descriptions, advice, or instructions. 8. Master insurance 8.1 Local insurance issued through Moderna This terms refers to terms of insurance for master insurance if local insurance has been issued through Moderna. In the event of loss within the geographical scope covered by local insurance, recourse must first be made to the local insurance, which must be exhausted to the extent allowed by the sum insured and other conditions 8.1.1 Difference in Limits - DIL If the amount of the claim exceeds the sum insured under the local insurance, the excess amount is paid in accordance with the master insurance, to the extent the master insurance applies with a higher sum insured and covers the claim. 8.1.2 Difference in Conditions - DIC To the extent the scope of the master insurance is broader than the local insurance, the loss or part of the loss which is not covered by the local insurance but which is covered by the master insurance shall be paid in accordance with the scope of the master insurance. 8.1.3 Exhausted local sum insured (Drop down) Insurance coverage under the master insurance may not be used until the sum insured under the local insurance have been exhausted and no additional indemnification may be paid under the local insurance. 8.1.4 Miscellaneous To the extent the scope of the local insurance has a wider scope than the master insurance, the indemnification is limited to the sum insured for the loss in question under the local insurance and that can be paid under the local insurance. With respect to a loss which is covered under the master insurance and which can only be partially indemnified under the local insurance:  indemnification under the master insurance shall be reduced by the indemnification payable under the local insurance;  the coverage limit under the master insurance is reduced by the amount of the loss payable under the local insurance;  the deductible under the master insurance is reduced by the deductible deducted for the loss under the local insurance, provided the deductible under the local insurance is less than that of the master insurance. In other cases, no deductible is deducted other than that which is deducted under the local insurance. 7 (18)  In the event payment of the aggregate indemnification from the local insurance and the master insurance exceeds the sum insured pursuant to section 4, the policyholder is obligated to refund such surplus amount to Moderna. 8.2 Insurance which is not issued through Moderna When an insured acquires insurance abroad which is not issued through Moderna, the loss amount may be paid through the master insurance to the extent the loss is also covered by the master insurance, and to the extent the amount of loss exceeds the sum insured for the insurance which has not been issued through Moderna. With respect to such loss, the deductible under the master insurance corresponds to the sum insured for the insurance which is not issued through Moderna, translated to SEK using the inception date of the master insurance as the currency date, however not less than SEK 10,000,000. However, where the master insurance deductible is higher, that deductible shall apply. 8.3 When there is no local insurance or other insurance If, at the inception of the policy period, no local insurance or other insurance abroad has been issued for foreign subsidiaries which are covered by the master insurance pursuant to the insurance policy, a special agreement, for example a Freedom of Services policy (FOS), must be agreed for such company, before the master insurance is in force. Where no such agreement has been reached, the master insurance shall nevertheless provide coverage, however only to the extent that the loss which can actually be covered by the master insurance, exceeds SEK 10,000,000. 8 (18) General Contract Terms and Conditions 10.1 The insurance contract 10.1.1 Policy period The policy period is stated in the insurance policy and is the term of the agreement for the insurance. Where the insurance is procured on the inception date, the policy period does not commence until such time as the insurance contract is executed. In the absence of information regarding the time of day at which the contract was entered into, it will be deemed to have taken place at 12 noon on the relevant day. If the insurance is to be procured by means of the policyholder paying the premium, Moderna's liability shall attach the day after the day on which the premium is paid. Moreover, the insurance in any other case shall also be valid only if the premium is paid prior to the start of the policy period. The provisions of the first and second paragraph shall apply unless otherwise agreed. 10.1.2 Renewal of the insurance contract The insurance shall be renewed after the end of the policy period unless Moderna or the policyholder gives notice to the other party, not later than 30 days prior thereto, that the insurance will not be renewed. If the new policy period will be subject to a higher premium or amended terms, Moderna shall give notice thereof not later than when the premium invoice is sent out. In such case, the policyholder shall be entitled, not later than 14 days after Moderna has sent the notice, to terminate the insurance contract effective the end of the policy period or, if the insurance contract has already been renewed, to terminate the insurance contract with immediate effect. An insured who is placed into bankruptcy during the policy period shall not, however, be entitled to renew the insurance; instead, such insurance shall terminate, without notice of termination, at the end of the policy period. However, if the insurance has been procured through an international insurance program agreed between a foreign company within a group to which the policyholder belongs and a foreign insurer, the insurance shall be renewed only on instruction thereon from the foreign insurer to Moderna. 10.1.3 Taxes Taxes and fees which are related to insurance premiums or sum insured and which must be paid in a country outside Sweden shall be in addition to the agreed premium. 10.2 Premium payments 10.2.1 First premium The first premium must be paid not later than on the first day of the term of the agreement or on a later date stated in the premium invoice. Moderna's liability attaches upon the start of the policy period even if the premium has not been paid, provided that the premium ispaid in accordance with the first sentence of this paragraph. If the premium is not paid within such time, the premium payment is in arrears and Moderna shall then be entitled to terminate the insurance in accordance with section 10.3.1. Unless otherwise stated in the premium invoice or the insurance policy, the insurance shall enter into force notwithstanding that the premium payment is in arrears, provided that the premium is paid by the deadline stated in the payment reminder. If the premium is paid later but before the insurance has been terminated, Moderna's liability shall not attach until the day after the payment, meaning that the insurance has not been in force. 10.2.2 Renewal premium The premium for renewed insurance must be paid not later than the start date of the renewed contract or on a later date stated in the premium invoice. If the premium is not paid within such time, the premium payment is in arrears and Moderna shall then be entitled to terminate the insurance in accordance with section 10.3.1. Unless otherwise stated in the premium invoice or the insurance policy, the insurance shall be in force notwithstanding that the premium payment is in arrears, provided that the premium is paid by the deadline stated in the payment reminder. If the premium is paid later but before the insurance has been terminated, Moderna's liability shall not attach until the day after the payment, meaning that the insurance has not been in force. 10.2.3 Supplemental premium during the policy period Any supplemental premium precipitated by an amendment of the insurance during the policy period must be paid not later than on the first day of the term of the amended agreement or on such later date stated in the premium invoice. Moderna's liability attaches at the time when the amendment is intended to be in force, notwithstanding that the supplemental premium has not been paid, provided that the premium is paid in accordance with the first sentence of this paragraph. If the supplemental premium is not paid within such time, the premium payment is in arrears. 9 (18)  Unless otherwise stated in the premium invoice or in the insurance policy, the amendment shall be in force notwithstanding that the premium payment is in arrears, provided the premium is paid by the deadline stated in the payment reminder. If the premium is also not paid by such deadline, the amendment shall not be in force. 10.2.4 Premium refund when the insurance contract terminates prematurely If the insurance terminates prematurely, Moderna shall refund the unused portion of the premium for the policy period, however less Moderna's costs for the insurance contract. If an occurrence has taken place, the premium shall be deemed used for an amount corresponding to insurance indemnification as well as additional costs. If, following premature termination, an insured reports an occurrence which falls within the prematurely terminated policy period and Moderna has refunded any unused premium, the premium which should not have been refunded in light of the subsequently reported occurrence shall be deducted from any future insurance indemnification. 10.3 Premature termination or amendment of the insurance contract 10.3.1 Premium payment in arrears If the first premium payment is in arrears, Moderna shall be entitled to terminate the insurance contract prior to the expiration of the policy period. The termination shall be in force three days after the date on which notice was sent. In the event of arrears in payment of the premium for a premium period after the first premium period, the insurance shall terminate seven days after Moderna has sent the policyholder a reminder regarding the premium due date. 10.3.2 Breach of obligations/changed circumstances Moderna shall be entitled to terminate the insurance prior to the end of the policy period where:  the policyholder or the insured has materially breached their obligations to Moderna;  a circumstance stated in the terms of insurance which was of material significance to the risk has changed in a way which Moderna cannot be deemed to have taken into consideration. Termination shall take place in writing with 14 days' notice, calculated as of the date on which Moderna sent the notice. Notice of termination shall be given without unreasonable delay after the date on which Moderna learned of the fact on which it is based. In lieu of terminating the insurance pursuant to the first paragraph, Moderna may choose to amend the terms of insurance during the policy period. In the event of such amendment, the termination provisions set forth in the second paragraph shall apply. 10.3.3 The policyholder's right to terminate the insurance contract prematurely The policyholder shall be entitled to terminate the insurance contract where:  Moderna commits a material breach of its obligations under the Swedish Insurance Contracts Act (2005:104) or under the insurance contract;  the need for insurance lapses or another similar circumstance of material significance to the insurance agreement arises; or  Moderna has amended the terms of insurance on the basis of section 10.3.2, third paragraph. 10.4 Duty of disclosure and increase of the risk 10.4.1 Duty of disclosure At Moderna's request, the policyholder shall disclose particulars which may be material to the question of whether insurance shall be issued. The aforesaid shall also apply if the policyholder requests that the insurance be extended or renewed. The policyholder or the insured shall provide correct and complete answers to Moderna's questions. The policyholder shall also, on its own initiative, provide information regarding circumstances which are clearly material to the risk assessment. During the policy period, the policyholder shall, at Moderna's request, provide Moderna with particulars regarding circumstances stated in the first paragraph above. If the policyholder believes that Moderna has previously received inaccurate or incomplete information regarding circumstances of material significance to the risk assessment, the policyholder shall be obligated to correct the information without unreasonable delay. 10.4.1.1 Consequence of a breach of the duty of disclosure The premium and terms of insurance are based on the information which is provided when the insurance is procured or renewed. If the policyholder has intentionally or negligently disregarded its duty of disclosure and Moderna can prove that it would not have issued the insurance had the duty of disclosure been met, Moderna shall be discharged from liability for any occurrence. If Moderna can prove that it would have issued insurance at a higher premium or otherwise on terms other than those agreed, Moderna's liability shall be limited to that which corresponds to the premium paid and the terms which would have actually applied. 10 (18)  If Moderna has not procured reinsurance which otherwise would have been procured, its liability shall be adjusted accordingly. 10.4.2 Changed circumstances Increase of the risk The policyholder or the insured shall inform Moderna if the circumstances on which the insurance is based change and the change leads to an increased risk of loss. 10.4.2.1 Consequence in connection with the increase of the risk and failure to give notice thereof If the change leads to an increased risk of loss and the policyholder or the insured has intentionally or negligently failed to notify Moderna of the change, liability shall be limited in the same manner as set forth in section 10.4.1.1. 10.4.3 Information and particulars provided by an insurance broker Information and particulars which an insurance broker provides to Moderna shall be deemed to have been provided by the policyholder or the insured. 10.5 Insurance brokers When the insurance is procured through an insurance broker, the broker shall represent the policyholder and the insured in accordance with the power of attorney signed by the policyholder. In the event the insurance broker's power of attorney is completely or partially revoked, the policyholder shall notify Moderna immediately. 10.6 General exclusions 10.6.1 Nuclear energy processes and radiation injury The insurance shall not cover loss where the occurrence or scope is connected to nuclear energy processes or to radiation from products containing radioactive material. 10.6.2 War, terrorism, riots, etc. 10.6.2.1 Generally The insurance shall not cover loss where the occurrence or scope is directly or indirectly caused by, or is connected to war or warlike events, civil war, revolution, riots, unrest, terrorism, sabotage, or measures taken by persons who have usurped power. 10.6.2.2 Specifically regarding terrorism in liability insurance Amending section 10.6.2.1 regarding terrorism, the following sections (10.6.2.2.1 and 10.6.2.2.2) shall apply to liability insurance and other secondary provisions included in liability insurance contracts. 10.6.2.2.1 Terrorism - worldwide with the exception of North America The insurance shall not cover loss which, directly or indirectly, in whole or in part, has been caused by, or has a connection to, terrorism:  where the origin or scope of which has a direct or indirect connection with the dissemination or use of biological, chemical, or radioactive materials;  which is directed against or causes injury to security companies in conjunction with performance of staffed services;  which is directed to, or affects, events which bring together or are intended to bring together more than 20,000 participants;  in conjunction with general liability insurance procured by owners or users of the central stations in Copenhagen, Stockholm, Oslo, and Helsinki, as well as for owners or users of the following airports: Arlanda, Kastrup, Keflavik, Oslo, Gardemoen and Vantaa;  in conjunction with general liability insurance procured by waterworks which supply more than 10,000 subscribers or users, or by owners of dams which are higher than 7.5 meters. 10.6.2.2.2 Terrorism - North America The insurance shall not cover loss which, directly or indirectly, in whole or in part, has been caused by, or has a connection to, terrorism. 10.6.3 Gross negligence, intention, and foreseeable loss The insurance shall not provide coverage where the insured has, to any extent, caused a loss (occurrence) intentionally or through gross negligence. The aforesaid shall apply where the insured must otherwise be assumed to have acted or failed to act knowing that this would entail a significant risk that the loss would occur. However, the insurance shall provide coverage where the insured can prove that it was neither knew nor should have known of the risk of loss. 11 (18)  Where the insured has aggravated the consequences of a loss in a manner as stated in the first paragraph, Moderna shall be discharged from liability to the insured to the extent such circumstance affected the loss. The insured's company management and persons in work management positions within the company, the operations, or at workplaces shall be equated with the insured. 10.6.4 Dam failure The insurance shall not cover loss or damages as a result of a breach of a hydropower dam or equalization basin for the production of electricity. 10.6.5 Asbestos The insurance shall not cover loss which can be assumed to be directly or indirectly, in whole or in contributory part, caused by asbestos. 10.6.6 ERISA (Employee Retirement Income Security Act) The insurance shall not cover loss in North America which directly or indirectly originates in an insured's duties, obligations under ERISA (the Employee Retirement Income Security Act of 1974, Public Law 93-406) or any supplement or complement to this legislation. 10.6.7 SEC (Securities Exchange Act) The insurance shall not cover loss in the United States where the liability for such loss directly or indirectly originates in an offense or alleged offense under the Securities Act of 1933, the Securities Exchange Act 1934 or similar federal or state legislation or other legislation linked to the above Acts. 10.6.8 RICO (Racketeer Influenced and Corrupt Organizations Act) The insurance shall not cover such loss which directly or indirectly originates in an offence or alleged offence under the Racketeer Influenced and Corrupt Organizations Act (RICO) or any supplement or complement to this Act. 10.7 Measures in the event of loss 10.7.1 Salvage obligation When an occurrence takes place or feared to be imminent, the insured shall, to the best of its ability, take measures to prevent or mitigate the loss and, if another party has a duty to preserve any rights which Moderna may have against such party. This means, for example, that the insured shall:  mitigate the effects of events which can lead to liability in damages;  within any contractual or statutory deadlines, complain of and make claims for damages to a contracting party or presumed tortfeasor. 10.7.2 Consequence of disregard of salvage obligation If the insured has intentionally disregarded its obligations under section 10.7.1, first paragraph, the indemnification may be reduced in accordance with what is reasonable in light of the facts and circumstances in general. The aforesaid shall also apply if the insured has disregarded its obligations knowing that this would entail a significant risk that the loss would occur or has otherwise disregarded its obligations through gross negligence. 10.7.3 Salvage cost Moderna shall indemnify the insured for its costs for salvage measures under section 10.7.1 where such have been reasonable in light of the circumstances. The insurance shall indemnify such costs only where it would not have been reasonable to request that the insured take such loss-prevention measures earlier. No indemnification shall be paid for the avoidance of a feared loss due to a defect in a delivered product or property. A indemnification shall also not be paid for costs for decontamination of own property or clean-up of real property which is owned, rented, or otherwise used by the insured. 10.8 Claims adjustment provisions and limitation of actions 10.8.1 Reporting a loss The insured shall report any occurrence (loss or dispute) which may lead to loss, expenses, or claims for damages to Moderna as soon as possible. In the event of burglary, robbery, assault, theft, and vandalism, a police report shall be made as soon as possible and a copy shall be sent to Moderna. If action (lawsuit, request for arbitration, or claim filed with a maritime arbitrator) is notified or brought against the insured, the insured shall notify Moderna immediately. 12 (18)  10.8.2 Consequence of breach of the duty to report a loss If the insured fails to comply with its obligations pursuant to the provisions of section 10.8.1 and such neglect has led to Moderna incurring a loss, the indemnification which may otherwise have been paid may be eliminated or reduced based on what is reasonable under the circumstances. 10.8.3 Claim for indemnification/insurance coverage Preclusion A party making a claim for insurance indemnification or other insurance coverage must make a claim within one year from the date of the occurrence of the circumstance which triggers the right to insurance coverage under the insurance contract. Unless otherwise provided in sections 10.8.3.1 below or in special terms and conditions, the date of the occurrence of the circumstance which triggers the right to insurance coverage under the insurance contract shall be the date on which the loss occurred. If no claim is made pursuant to the first paragraph, the right to insurance coverage shall be forfeited. 10.8.3.1 Liability loss With respect to preclusion of liability loss matters, the date of the circumstance which triggers the right to insurance coverage under the insurance contract shall mean the date on which a claim is made to the insured or another trigger date for the applicability of coverage under the liability insurance stated in the insurance documents for the insurance coverage in question. If no claim is made pursuant to section 10.8.3 and this section, the right to insurance coverage shall be forfeited. 10.8.4 Limitation of actions A party seeking insurance indemnification or other insurance coverage must commence action within 10 years from the date of the occurrence of the circumstance triggering the right to insurance coverage under the insurance contract. Unless otherwise provided in sections 10.8.4.1 below or in separate terms and conditions, the date of the occurrence of the circumstance which triggers the right to insurance coverage under the insurance contract shall be the date on which the loss occurred. If a party seeking insurance coverage has presented the claim to Moderna within the time set forth in the first paragraph, the deadline for commencing action shall always be at least six months from the date on which Moderna declares that it has taken a final decision on the claim. If no action is brought in accordance with the provisions of this section, the right to insurance coverage shall be forfeited. 10.8.4.1 Liability loss With respect to the statute of limitation for liability loss matters, the date of the circumstance which triggers the right to insurance coverage under the insurance contract shall mean the date on which the loss occurred or another trigger date for the applicability of coverage under the liability insurance stated in the insurance documents for the insurance coverage in question. If no action is brought pursuant to section 10.8.4 and this section, the right to insurance coverage shall be forfeited. 10.8.4.4 Injunction Moderna shall be entitled to issue a written injunction to the insured to commence action within a time which is shorter than that which follows from section 10.8.4, first paragraph, as well as sections 10.8.4.1. The deadline may not be shorter than one year from the date on which the insured received the injunction. 10.9 Claims adjustment rules 10.9.1 Duty of disclosure The insured shall provide Moderna with documents and other information which may be significant for claims adjustment without delay. The insured is obligated to specify its claim for indemnification and, upon request, to provide a list of damaged or lost property with information regarding the value of each and every item before and after the loss. The insured is also obligated, upon request, to substantiate claims for indemnification by providing the information which is available and by providing vouchers, evidence, and other documents necessary to determine Moderna's liability and the amount of indemnification. Costs for production of information or documents shall not be indemnified. 13 (18) 10.9.2 Inaccurate information in connection with occurrences Where the insured or any other party who requests insurance coverage from Moderna following an occurrence intentionally or through gross negligence has inaccurately stated or remained silent or concealed any matter of significance for determination of the right to indemnification under the insurance, the indemnification which otherwise may have been paid to such party shall be reduced to the extent reasonable under the circumstances. 10.9.3 Value added tax Value added tax shall be deducted when payment of indemnification for damages is paid to any party who has a reporting obligation for such tax. 10.9.4 Time for payment of indemnification Indemnification shall be paid not later than one month after the insured has completed its obligations pursuant to these sections 10.7 10.9. However, this shall not apply:  if a police investigation, court decision, or valuation by an arbitrator is pending. Such indemnification shall be paid not later than one month after Moderna has received the investigation or valuation. Interest shall be paid, pursuant to Riksbanken's reference interest rate, during such time as payment is delayed;  to indemnification when Chapter 9, section 9 of the Swedish Insurance Contracts Act (Insufficient sum insured for liability insurance) is applicable. 10.9.4.1 Interest on arrears Interest on arrears pursuant to section 6 of the Swedish Interest Act (1975:635) shall be paid indemnification paid later than as provided in section 10.9.4. However, no interest shall be paid if such interest is less than SEK 200. Other than the stated interest, the insured shall have no right to indemnification for damage or loss in the event of any delay in payment of indemnification. 10.9.5 Police investigation and court judgments In the event any loss leads to a police investigation or court decision, the police investigation, preliminary investigation report, and any subsequent judgment shall be sent to Moderna. 10.9.6 Duty to investigate, testify, etc. The insured shall be obligated to carry out such studies, analyses, investigations and so forth, without the payment of compensation therefor, which can be carried out within the insured's operations and which are significant for assessment of the occurrence and the insured's liability. The insured shall also be obligated, to the extent necessary and without the payment of compensation therefor, to ensure that in conjunction with litigation, witness and expert evidence can be presented with the assistance of the insured's employees. 10.9.7 Duty to document for delivered product or service The insured shall, to reasonable extent, preserve documentation in the form of design drawings, manufacturing plans, program tests and system tests, formulas, instructions, supply agreements, instructions for use, warranties, and similar documents which may be of significance when investigating occurrences occasioned by a delivered product or service. If the insured fails to comply with its obligations and such non-compliance is, or can be assumed to be, detrimental to Moderna, Moderna shall be entitled to make a reasonable deduction from the indemnification which otherwise would have been paid out of the insurance. 10.9.8 Lawsuits and litigation costs The insured shall notify Moderna immediately if a lawsuit or arbitral proceedings are commenced against the insured, or if the insured obtains information that this will take place. Moderna shall be entitled to appoint legal counsel for litigation or counsel for the arbitration proceedings and to provide such person with instructions and directions. The insured and the policyholder shall be obligated to assist in the process, without the payment of compensation therefor, by personally and, through their employees, providing witness and expert evidence. The insured's failure to comply with this obligation shall discharge Moderna from liability under the insurance unless the claim/complaint has clear legal grounds. 10.9.9 Amicable settlement If the insured admits liability in damages, approves a claim for indemnification, or pays indemnification without Moderna's consent, Moderna shall be discharged from liability under the insurance unless the claim had clear legal grounds. At Moderna's request, the insured shall have a duty to participate in an amicable settlement with the injured party. If Moderna has declared itself willing to be in an amicable settlement with the party seeking damages, Moderna shall be discharged from any obligation to bear any costs or damages arising thereafter, as well as any duty to 14 (18)  undertake further investigation. The aforesaid shall also apply in the event the insured's liability in damages is established through a default judgment. 10.9.10 Limitation of liability The insured shall have a duty to comply with any provision of an agreement which limits the insured's liability for damages. If the insured fails to invoke any such limitation of liability, Moderna shall have no duty of indemnification. 10.10 Double insurance If an interest which is covered by this insurance is also insured under other insurance which contains a reservation with respect to double insurance, the same reservation shall apply to both insurance policies. In such case, the liability shall be allocated between the insurers in the manner set forth in Chapter 6, section 4 of the Swedish Insurance Contracts Act. In the event the insurance companies which have provided insurance for the same risk are subject to a double insurance agreement (DÖ), the allocation shall instead be made in accordance therewith. 10.11 Subrogation Moderna's payment of indemnification for loss entails that Moderna assumes the insured's right to seek indemnification from the party which is liable to compensate the insured as a result of the loss. If the insured waives its right to indemnification from a third party or its right of recovery, Moderna's duty for indemnification shall be correspondingly limited and any insurance indemnification which has been paid shall be refunded to Moderna. In conjunction with subrogation, any subrogation agreement (RÖ) reached between insurance companies shall apply. 10.12 Recovery If Moderna has paid indemnification on erroneous grounds which are attributable to the insured, the insured shall immediately refund the amount, plus interest thereon pursuant to the applicable Swedish Interest Act commencing the date of the disbursement. 10.13 Set-off clause Moderna shall be entitled to satisfy its duty of indemnification to the insured by set off against any claims which Moderna may have against another insured or the policyholder. 10.14 Force Majeure Moderna shall not be liable for loss which may arise where claims adjustment, disbursement of indemnification, or restoration of damaged property is delayed due to any war, warlike event, civil war, revolution, and unrest, or due to any industrial action, confiscation, or nationalization, requisition, or destruction of, or damage to, property through orders from a government or public authority. The reservation with respect to industrial actions shall also apply where Moderna takes, or is subject to, industrial action. 10.15 Personal data The personal data which is provided to Moderna is processed in accordance with the rules of the Swedish Personal Data Act (1998:204), abbreviated as PDA. Following the entry into force of the Data Protection Regulation (Regulation 2016/679 of 27 April 2016 of the European Parliament and of the Council) the personal data submitted to Moderna shall be processed consistent with the rules of the Data Protection Regulation. 10.16 Currency date If the Swedish krona is not the agreed currency with respect to a sum insured, deductible, indemnification limit, or similar, such relevant sum insured, excess, indemnification limit, or similar shall be translated at the time of the occurrence to SEK with the inception date of the current policy period as the value day. When, pursuant to section 7, indemnification for damages is paid which an insured in Sweden has paid in a currency other than SEK, the disbursement from Moderna shall be made in SEK. The amount which the insured paid shall be translated to SEK as of the date on which the insured made payment. 10.17 Companies which are subject to sanctions The insurance shall not cover legal entities or natural persons to whom Moderna, pursuant to EU or domestic sanction rules, may not provide insurance coverage or to whom it cannot disburse indemnification. To the extent the insurance indemnification for loss is to be paid to an individual or a company which is subject to sanctions under applicable sanction rules, Moderna shall be entitled, without incurring consequences, to withhold payment until the insured proves that the sanction rules permit payment to the party subject to sanctions. 15 (18) 10.18 Disputes Disputes arising under this insurance contract shall be adjudicated by the Stockholm District Court as the court of first instance. The aforesaid shall also apply where the dispute concerns loss which occurs abroad. 10.19 Swedish Insurance Contracts Act This insurance shall otherwise be governed by the provisions of the Swedish Insurance Contracts Act (2005:104) and Swedish law in generalbe governed by the provisions of the Swedish Insurance Contracts Act (2005:104) and Swedish law in general. 16 (18) Definitions Explanations Accident and accidental injury Accident and accidental injury means bodily injury incurred by the insured unwillingly through a sudden external event (external force to the body). Bodily injury which arises through freezing, overheating, or sunstroke is equated with accidental injury. Such injury shall be deemed to have occurred on the date on which it manifests itself. Advisory activities Consultancy services and advisory activities means professional advice such as:  providing advice and instruction;  conducting investigations, carrying out calculations, creating drawings, creating descriptions, etc.;  project management;  material and construction control, as well as inspections;  brokering operations. Annual sales Annual sales means the value of sales according to the most recently closed financial year for sold, delivered, and/or performed services, excluding value added tax. If the length of the most recent financial year is longer or shorter than 12 months, recalculation to the equivalent of 12 sales months takes place. New businesses which lack sales must state the sales which they expect for the coming 12 months, taking into consideration budget and actual circumstances. Assembly operations Assembly operations means assembly or installation of machinery or other mechanical or electrical equipment for industrial operations which are added to a property which, in whole or in part, is set up for this purpose and which, pursuant to Chapter 2, section 3 of the Swedish Land Code, belong to the property. Assembly or installation of machinery and other mechanical or electrical equipment which is not intended for permanent use in the building as referred to in Chapter 2, sections 2-3 of the Land Code, also constitute assembly operations. Computer virus Computer virus means that programs or instructions copy themselves ("contaminate") other existing programs and files and lead to unwanted effects. Construction contracting operations Construction contracting operations are a composite term for construction operations and assembly operations. Construction operations Construction operations means building and civil engineering construction, excavation, and ground work. Building construction shall also include installation and assembly of fixed fittings and furnishings and other elements which are intended for permanent use in the building, for example elevators and fan systems, and which pursuant to the rules set forth in Chapter 2, section 2 of the Swedish Land Code, are attached to the building. Consultancy services See advisory activities. Employee Employee shall mean a physical person:  who is the insured's employee under civil law principles;  for whom the insured bears vicarious liability under applicable law, notwithstanding the absence of an employment relationship. Insurance policy Insurance policy also includes the insurance certificate issued by Moderna, a group representative, or another party appointed by Moderna in its stead. Insured/Insureds Insured, the insured and the insureds means the policyholder and/or any other party covered by the insurance pursuant to current terms of insurance or who is insured/coinsured as stated in the insurance policy. Insured location Insured location means the place stated in the insurance policy, with property designation, street address, or similar location indicator and where insured property is stored and/or insured operations are conducted. Local insurance Local insurance means insurance for a subsidiary with its registered office outside of Sweden, which is handled by Moderna within the scope of its undertaking to the policyholder and which is issued by an insurer other than Moderna. 17 (18) Malware Malware means software code which is intended to:  delete, corrupt, or prevent access to data;  damage or modify a network or system;  deactivate or damage security products or security software. Malware also includes all forms and varieties of computer viruses, trojans, worms, and all other types of injurious code. Master insurance Master insurance means overall insurance coverage which is combined with local insurance. North America North America means the United States of America and Canada, with their territories and possessions, as well as other areas subject to the legislation of these countries. Occupational injury Occupational injury means an injury resulting from an accident or other injurious event at work. Injury as a result of a traffic accident is also considered an occupational injury in Sweden and in any other country where worker's compensation insurance, occupational injury insurance, or similar insurance coverage covers any such accident. "Traffic accident" means a person's travel/relocation to and from the worksite/workplace, provided the travel/relocation is precipitated by, and closely-related to, work. Policyholder Policyholder means the legal entity or physical person with whom Moderna has entered into a contract of insurance. Policy period Policy period means the term of agreement for the insurance which is stated in the insurance policy. See also General Contract Terms and Conditions, section 10.1. Price base amount Price base amount means the amount which is established pursuant to the Swedish Social Insurance Act (2010:110) and which applied for the month of January of the year in which the loss occurred, unless otherwise stated in the insurance policy or the terms of insurance. Property in care, custody or control Property in care, custody or control means property which an insured or another party on the insured's behalf has undertaken to install, mount, dismantle, rework, repair, check, inspect, lift, transport, store, sell, or provide. Pure financial loss Pure financial loss means financial loss which arises with no connection to any personal injury or property damage. Salvage cost/salvage costs Costs for measures pursuant to the salvage obligation set forth in General Contract Terms and Conditions, section 10.7. Subsidiary Subsidiary means limited companies or corresponding forms of association in a country other than Sweden in which the policyholder alone, or together with other subsidiaries, holds more than 50% of the voting capital in respect of all ownership shares. Terrorism/terrorist act Terrorism and terrorist act shall mean an act, including but not limited to use of force or violence and/or threats thereof, by a person or group(s), either acting independently or on behalf of another, or in alliance with any organization(s) or government(s), performed for political, religious, ideological, or ethnic purposes or reasons, comprising the intention to influence a government and/or instil fear in all or parts of the general public. 18 (18) Certificate of insurance Note: This certificate does not amend, extend or alter the coverage afforded by the policy below.. Policy holder Sweco AB Box 34044 100 26 STOCKHOLM Sweden Insured Sweco Projekt AS including all projects during the policy period, including but not limited to „Ämari perimeetri projekteerimistööd“ Type of insurance Professional Indemnity, covering all claims made during the policy period. Policy number 845818 Policy period 1 January 2019 – 31 December 2019, both days included Limit of liability EUR 104 830 per occurrence and in the annual aggregate Deductible EU/Efta: EUR 5 000 Territorial limits Worldwide This certificate, issued 2019-05-16, describes insurance cover in force on the day of issuance. The coverage provided is subject to all terms, conditions and exclusions afforded by the insurance Policy. In case of cancellation or other arrangements which alters the scope and/or validity of cover after date stated above, Moderna will not bear any responsibility towards policyholder and/or third party other than agreed to in the original policy documents. 2019-05-16 Moderna Försäkringar __________________________________ Gustav Lind Moderna Försäkringar Moderna Försäkringar | Sveavägen 167 | Box 7830 | 103 98 Stockholm 0200-22 23 24 | www.modernaforsakringar.se | Bolagsverket | Org.nr. 516403-8662 Filial till Tryg Forsikring A/S | Erhvervs- og Selskabsstyrelsen | CVR-nr. 24260 666 | Klausdalsbrovej 601 | DK 2750 Ballerup | Danmark