Environmental Planning and Assessment Regulation 2000
Historical version for 26 April 2002 to 1 July 2002 (accessed 15 August 2020 at 11:56) Current version
Part 11 Division 2 Clause 209
209   Company contracts
(cf clause 81Q of EP&A Regulation 1994)
(1)  An automatic run-off contract may provide indemnity to a company, including such of the directors or employees of the company as are accredited certifiers.
(2)  The indemnity provided by a company contract must extend to:
(a)  all persons who, at any time during the term of the contract, are or become:
(i)  accredited certifiers, and
(ii)  directors or employees of the company,
whether or not they cease to be accredited certifiers, or cease to be directors or employees of the company, during the term of the contract, and
(b)  all persons who, at any time before the beginning of the term of the contract, had been:
(i)  accredited certifiers, and
(ii)  directors or employees of the company,
but who had ceased to be accredited certifiers, or had ceased to be directors or employees of the company, before the beginning of that term.
(3)  Each person covered by a company contract must be named in the contract.
(4)  The indemnity provided by a company contract must extend to all acts and omissions of the persons covered by the contract that have occurred, while those persons were directors or employees of the company, in the course of work carried out on behalf of the company.
Note.
 A company contract does not cover an accredited certifier for any period before he or she became a director or employee of the company. Consequently the person will need to obtain separate indemnity for that period in order to comply with the requirements of section 109ZN of the Act.
(5)  Except as provided by clause 211, the indemnity provided by a company contract may be limited to those acts and omissions in respect of which a claim is made against the insured, and notified to the insurer, before the contract’s expiry date.
(6)  Nothing in this clause requires a company contract to provide indemnity for acts or omissions that occur after the contract’s expiry date.
(7)  A company contract may require the insured company to notify the insurer in the event that any of the insured accredited certifiers cease to be accredited certifiers or cease to be directors or employees of the company.
(8)  The requirements of this clause are subject to the exceptions and exclusions allowed by the other provisions of this Part.