Extra costs of reinstatement under a basis of settlement clause (D5-type) that are not included in any Limit of Liability in the Schedule are not capped by an exclusion clause limit, even where the primary damage claim is so capped. Additional Cover costs under a clause C-type provision are contingent on the circumstances giving rise to indemnity and are therefore subject to any applicable exclusion clause limit. The application of the Wayne Tank principle to hybrid exclusion/limitation clauses was left open.
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