AUM contractual policies

AUM covers the process of hiring third parties, who are allowed access to university facilities, certain benefits such as health insurance coverage.

The same policies that benefit and respect an employee within the university.

1. Non-contractual civil liability insurance.

The University shall require in the contractual orders or contracts for works, surveillance services, cleaning services and in those that by their nature and execution it considers pertinent, in addition to the performance insurance, a non-contractual civil liability insurance, for damages that may be caused to third parties in the development of the contractual order or contract.

The term of this guarantee and of its coverage for Premises, work and operations, Employer's Liability, Contractors and subcontractors and Own and Non-Owned Vehicles shall be equal to the term of execution of the contractual order or contract.

2. Extracontractual Civil Liability Insurance, which may include at least the following coverage:

(a) Premises, work and operations. This covers the extra-contractual civil liability of the University and/or medical expenses for injuries to third parties or damage to property of third parties as a consequence of the use of the premises and the performance of the work and operations derived from the execution of the contractual order or contract.

b) Employer's civil liability. Covers the extra-contractual civil liability corresponding to the insured employer in excess of the indemnities.

c) Contractors and subcontractors. Covers the non-contractual civil liability of the insured and/or the medical expenses for damages caused to third parties in their persons or property, which are attributable as a consequence of activities carried out by contractors and subcontractors.

Any person or entity that by performing any active or passive activity with AUM is registered in the university's third-party database and has accounting records that can be verified.

Law in Kuwait

A number of principles of law give us a fundamental understanding on contract interpretation, which in turn, assist in preparing a proper, enforceable agreement.

First, a contract is the agreed set of laws that govern the contracting parties’ relationship, subject to express provisions of the law (e.g., the Kuwait Civil Code) which govern particular rights and obligations (e.g., rights of sub-contractors, contractors, and employers of construction contracts). This means that, so long as a contractual provision is not expressly prohibited in the law, it is presumed to be enforceable.

Second, if the wording of a contract is clear, the plain terms of the contract govern the interpretation thereof. In other words, a court (or other tribunal applying Kuwait law) cannot look to other clues to understand to what the contracting parties agreed. This is similar to the parol evidence rule applied in Common Law jurisdictions, which, in short, tells us that, when interpreting a contract, you cannot look to evidence outside the four corners of the agreement to determine the contractual intent of the parties. [7]