Common use of Advisory Obligations Clause in Contracts

Advisory Obligations. to notify you promptly of any default in the payment of any premium for any of the Insurances; to notify you if any insurer cancels or gives notification of cancellation of any of the Insurances, at least 30 (thirty) days before such cancellation is to take effect or as soon as reasonably practicable in the event that notification of cancellation takes place less than 30 (thirty) days before it is to take effect; to notify you of any act or omission, breach or default of which we have knowledge which in our reasonable opinion may either invalidate or render unenforceable in whole or in part any of the Insurances or which may otherwise materially impact on the extent of cover provided under the Insurances; and to advise Sub-hubco of its duties of disclosure to insurers and to specifically advise upon: the facts, circumstances and beliefs that should generally be disclosed to insurers; and the obligation not to misrepresent any facts, matters or beliefs to insurers. Disclosure Obligations to disclose to insurers all information made available to us from any source and any fact, change of circumstances or occurrence made known to us from any source which in our reasonable opinion is material to the risks insured against under the Insurances and which properly should be disclosed to insurers as soon as practicable after we become aware of such information, fact, change of circumstance or occurrence whether prior to inception or renewal or otherwise; and to treat as confidential all information so marked or otherwise stated to be confidential and supplied to us by or on behalf of Sub-hubco or the Authority and not to disclose such information, without the prior written consent of the supplier, to any third party other than those persons who, in our reasonable opinion have a need to have access to such information from time to time, and for the purpose of disclosure to the insurers or their agents in respect of the Insurances in discharge of our obligation set out at Clause 4.3.1 of this letter. Our obligations of confidentiality shall not conflict with our duties owed to Sub-hubco and shall not apply to disclosure required by an order of a court of competent jurisdiction, or pursuant to any applicable law, governmental or regulatory authority having the force of law or to information which is in the public domain. Administrative Obligations to hold copies of all documents relating to or evidencing the Insurances, including but without prejudice to the generality of the foregoing, insurance slips, contracts, policies, endorsements and copies of all documents evidencing renewal of the Insurances, payment of premiums and presentation and receipt of claims; to supply to the Authority and/or its insurance advisers (or the Authority’s or its insurance advisers’ authorised representatives) promptly on written request copies of the documents set out in Clause 4.4.1 of this letter, and to the extent available, to make available to such persons promptly upon the Authority’s request the originals of such documents; to administer the payment of premiums due pursuant to the Insurances such that, in so far as we hold appropriate funds, all such premiums shall be paid to insurers in accordance with the terms of the Insurances; to administer the payment of claims from insurers in respect of the Insurances (the “Insurance Claims”) including: negotiating settlement of Insurance Claims presented in respect of the Insurances; collating and presenting all information required by insurers in relation to Insurance Claims presented in respect of the Insurances, and insofar as it is relevant and practicable, liaising with and reporting to each Authority throughout the settlement, payment and administration of such Insurance Claims. to advise the Authority promptly upon receipt of notice of any material changes which we are instructed to make in the terms of the Insurances and which, if effected, in our opinion as Insurance Brokers would result in any material reduction in limits or coverage or in any increase in deductibles, exclusions or exceptions; to advise the Authority in advance of any change to the terms of, or any lapse, non-renewal and/or cancellation of any policy maintained in respect of the Insurances; to use our reasonable endeavours to have endorsed on each and every policy evidencing the Insurances (when the same is issued) endorsements substantially in the form set out in Section 3 (Endorsements) to Schedule Part 15 (Required Insurances) of the Agreement; and to provide, prior to the Commencement of the Operational Insurances and prior to each renewal of any of them, a statement containing the information required to satisfy the requirement of Section 4 of Schedule Part 15 (Insurance Requirements) to the Project Agreement; and our opinion, supported by appropriate evidence, of the generally prevailing market for the relevant Insurance and of any other circumstances relevant to the application of paragraph 3.2 of Section 6 (Pass Through Costs) of Schedule Part 14 (Payment Mechanism) to the Project Agreement to the premiums for the relevant Insurance specifying the impact of each factor on the premium quotations obtained. NOTIFICATION DETAILS Our obligations at Clause 4 of this letter to notify or inform you shall be discharged by providing the requisite information in hard copy to: [Authority] We shall supply further letters substantially in this form on renewal of each of the Insurances and shall supply copies of such letters to those parties identified to us by the Authority for such purposes. Yours faithfully -------------------- For and on behalf of [Sub-hubco’s broker] SCHEDULE PART 16 CHANGE PROTOCOL

Appears in 1 contract

Samples: Project Agreement

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Advisory Obligations. to notify you promptly of any default in the payment of any premium for any of the Insurances; to notify you if any insurer cancels or gives notification of cancellation of any of the Insurances, at least 30 (thirty) days before such cancellation is to take effect or as soon as reasonably practicable in the event that notification of cancellation takes place less than 30 (thirty) days before it is to take effect; to notify you of any act or omission, breach or default of which we have knowledge which in our reasonable opinion may either invalidate or render unenforceable in whole or in part any of the Insurances or which may otherwise materially impact on the extent of cover provided under the Insurances; and to advise Sub-hubco DBFM Co of its duties of disclosure to insurers and to specifically advise upon: the facts, circumstances and beliefs that should generally be disclosed to insurers; and the obligation not to misrepresent any facts, matters or beliefs to insurers. Disclosure Obligations to disclose to insurers all information made available to us from any source and any fact, change of circumstances or occurrence made known to us from any source which in our reasonable opinion is material to the risks insured against under the Insurances and which properly should be disclosed to insurers as soon as practicable after we become aware of such information, fact, change of circumstance or occurrence whether prior to inception or renewal or otherwise; and to treat as confidential all information so marked or otherwise stated to be confidential and supplied to us by or on behalf of Sub-hubco DBFM Co or the Authority and not to disclose such information, without the prior written consent of the supplier, to any third party other than those persons who, in our reasonable opinion have a need to have access to such information from time to time, and for the purpose of disclosure to the insurers or their agents in respect of the Insurances in discharge of our obligation set out at Clause 4.3.1 of this letter. Our obligations of confidentiality shall not conflict with our duties owed to Sub-hubco DBFM Co and shall not apply to disclosure required by an order of a court of competent jurisdiction, or pursuant to any applicable law, governmental or regulatory authority having the force of law or to information which is in the public domain. Administrative Obligations to hold copies of all documents relating to or evidencing the Insurances, including but without prejudice to the generality of the foregoing, insurance slips, contracts, policies, endorsements and copies of all documents evidencing renewal of the Insurances, payment of premiums and presentation and receipt of claims; to supply to the Authority and/or its insurance advisers (or the Authority’s or its insurance advisers’ authorised representatives) promptly on written request copies of the documents set out in Clause 4.4.1 of this letter, and to the extent available, to make available to such persons promptly upon the Authority’s request the originals of such documents; to administer the payment of premiums due pursuant to the Insurances such that, in so far as we hold appropriate funds, all such premiums shall be paid to insurers in accordance with the terms of the Insurances; to administer the payment of claims from insurers in respect of the Insurances (the “Insurance Claims”) including: negotiating settlement of Insurance Claims presented in respect of the Insurances; collating and presenting all information required by insurers in relation to Insurance Claims presented in respect of the Insurances, and insofar as it is relevant and practicable, liaising with and reporting to each Authority throughout the settlement, payment and administration of such Insurance Claims. to advise the Authority promptly upon receipt of notice of any material changes which we are instructed to make in the terms of the Insurances and which, if effected, in our opinion as Insurance Brokers would result in any material reduction in limits or coverage or in any increase in deductibles, exclusions or exceptions; to advise the Authority in advance of any change to the terms of, or any lapse, non-renewal and/or cancellation of any policy maintained in respect of the Insurances; to use our reasonable endeavours to have endorsed on each and every policy evidencing the Insurances (when the same is issued) endorsements substantially in the form set out in Section 3 (Endorsements) to Schedule Part 15 (Required Insurances) of the Agreement; and to provide, prior to the Commencement of the Operational Insurances and prior to each renewal of any of them, a statement containing the information required to satisfy the requirement of Section 4 of Schedule Part 15 (Insurance Requirements) to the Project Agreement; and our opinion, supported by appropriate evidence, of the generally prevailing market for the relevant Insurance and of any other circumstances relevant to the application of paragraph 3.2 of Section 6 (Pass Through Costs) of Schedule Part 14 (Payment Mechanism) to the Project Agreement to the premiums for the relevant Insurance specifying the impact of each factor on the premium quotations obtained. NOTIFICATION DETAILS Our obligations at Clause 4 of this letter to notify or inform you shall be discharged by providing the requisite information in hard copy to: [Authority] We shall supply further letters substantially in this form on renewal of each of the Insurances and shall supply copies of such letters to those parties identified to us by the Authority for such purposes. This letter shall be governed by and construed in accordance with the law of Scotland. Yours faithfully -------------------- For and on behalf of [Sub-hubcoDBFM Co’s broker] SCHEDULE PART 16 CHANGE PROTOCOL]

Appears in 1 contract

Samples: Project Agreement

Advisory Obligations. to notify you promptly of any default in the payment of any premium for any of the Insurances; to notify you if any insurer cancels or gives notification of cancellation of any of the Insurances, at least 30 (thirty) days before such cancellation is to take effect or as soon as reasonably practicable in the event that notification of cancellation takes place less than 30 (thirty) days before it is to take effect; to notify you of any act or omission, breach or default of which we have knowledge which in our reasonable opinion may either invalidate or render unenforceable in whole or in part any of the Insurances or which may otherwise materially impact on the extent of cover provided under the Insurances; and to advise Sub-hubco Project Co of its duties of disclosure to insurers and to specifically advise upon: the facts, circumstances and beliefs that should generally be disclosed to insurers; and the obligation not to misrepresent any facts, matters or beliefs to insurers. Disclosure Obligations to disclose to insurers all information made available to us from any source and any fact, change of circumstances or occurrence made known to us from any source which in our reasonable opinion is material to the risks insured against under the Insurances and which properly should be disclosed to insurers as soon as practicable after we become aware of such information, fact, change of circumstance or occurrence whether prior to inception or renewal or otherwise; and to treat as confidential all information so marked or otherwise stated to be confidential and supplied to us by or on behalf of Sub-hubco Project Co or the Authority and not to disclose such information, without the prior written consent of the supplier, to any third party other than those persons who, in our reasonable opinion have a need to have access to such information from time to time, and for the purpose of disclosure to the insurers or their agents in respect of the Insurances in discharge of our obligation set out at Clause 4.3.1 249.3.1 of this letter. Our obligations of confidentiality shall not conflict with our duties owed to Sub-hubco Project Co and shall not apply to disclosure required by an order of a court of competent jurisdiction, or pursuant to any applicable law, governmental or regulatory authority having the force of law or to information which is in the public domain. Administrative Obligations to hold copies of all documents relating to or evidencing the Insurances, including but without prejudice to the generality of the foregoing, insurance slips, contracts, policies, endorsements and copies of all documents evidencing renewal of the Insurances, payment of premiums and presentation and receipt of claims; to supply to the Authority and/or its insurance advisers (or the Authority’s or its insurance advisers’ authorised representatives) promptly on written request copies of the documents set out in Clause 4.4.1 249.4.1 of this letter, and to the extent available, to make available to such persons promptly upon the Authority’s request the originals of such documents; to administer the payment of premiums due pursuant to the Insurances such that, in so far as we hold appropriate funds, all such premiums shall be paid to insurers in accordance with the terms of the Insurances; to administer the payment of claims from insurers in respect of the Insurances (the “Insurance Claims”) including: negotiating settlement of Insurance Claims presented in respect of the Insurances; collating and presenting all information required by insurers in relation to Insurance Claims presented in respect of the Insurances, and insofar as it is relevant and practicable, liaising with and reporting to each Authority throughout the settlement, payment and administration of such Insurance Claims. to advise the Authority promptly upon receipt of notice of any material changes which we are instructed to make in the terms of the Insurances and which, if effected, in our opinion as Insurance Brokers would result in any material reduction in limits or coverage or in any increase in deductibles, exclusions or exceptions; to advise the Authority in advance of any change to the terms of, or any lapse, non-renewal and/or cancellation of any policy maintained in respect of the Insurances; to use our reasonable endeavours to have endorsed on each and every policy evidencing the Insurances (when the same is issued) endorsements substantially in the form set out in Section 3 (Endorsements) to Schedule Part 15 (Required Insurances) of the Agreement; and to provide, prior to the Commencement of the Operational Insurances and prior to each renewal of any of them, a statement containing the information required to satisfy the requirement of Section 4 of Schedule Part 15 (Insurance Requirements) to the Project Agreement; and our opinion, supported by appropriate evidence, of the generally prevailing market for the relevant Insurance and of any other circumstances relevant to the application of paragraph 3.2 of Section 6 (Pass Through Costs) of Schedule Part 14 (Payment Mechanism) to the Project Agreement to the premiums for the relevant Insurance specifying the impact of each factor on the premium quotations obtained. NOTIFICATION DETAILS Our obligations at Clause 4 249 of this letter to notify or inform you shall be discharged by providing the requisite information in hard copy to: [Authority] We shall supply further letters substantially in this form on renewal of each of the Insurances and shall supply copies of such letters to those parties identified to us by the Authority for such purposes. Yours faithfully -------------------- For and on behalf of [Sub-hubcoProject Co’s broker] SCHEDULE PART 16 CHANGE PROTOCOL

Appears in 1 contract

Samples: Form Project Agreement

Advisory Obligations. to notify you promptly of any default in the payment of any premium for any of the Insurances; to notify you if any insurer cancels or gives notification of cancellation of any of the Insurances, at least 30 (thirty) days before such cancellation is to take effect or as soon as reasonably practicable in the event that notification of cancellation takes place less than 30 (thirty) days before it is to take effect; to notify you of any act or omission, breach or default of which we have knowledge which in our reasonable opinion may either invalidate or render unenforceable in whole or in part any of the Insurances or which may otherwise materially impact on the extent of cover provided under the Insurances; and to advise Sub-hubco Project Co of its duties of disclosure to insurers and to specifically advise upon: the facts, circumstances and beliefs that should generally be disclosed to insurers; and the obligation not to misrepresent any facts, matters or beliefs to insurers. Disclosure Obligations to disclose to insurers all information made available to us from any source and any fact, change of circumstances or occurrence made known to us from any source which in our reasonable opinion is material to the risks insured against under the Insurances and which properly should be disclosed to insurers as soon as practicable after we become aware of such information, fact, change of circumstance or occurrence whether prior to inception or renewal or otherwise; and to treat as confidential all information so marked or otherwise stated to be confidential and supplied to us by or on behalf of Sub-hubco Project Co or the Authority and not to disclose such information, without the prior written consent of the supplier, to any third party other than those persons who, in our reasonable opinion have a need to have access to such information from time to time, and for the purpose of disclosure to the insurers or their agents in respect of the Insurances in discharge of our obligation set out at Clause 4.3.1 of this letter. Our obligations of confidentiality shall not conflict with our duties owed to Sub-hubco Project Co and shall not apply to disclosure required by an order of a court of competent jurisdiction, or pursuant to any applicable law, governmental or regulatory authority having the force of law or to information which is in the public domain. Administrative Obligations to hold copies of all documents relating to or evidencing the Insurances, including but without prejudice to the generality of the foregoing, insurance slips, contracts, policies, endorsements and copies of all documents evidencing renewal of the Insurances, payment of premiums and presentation and receipt of claims; to supply to the Authority and/or its insurance advisers (or the Authority’s or its insurance advisers’ authorised representatives) promptly on written request copies of the documents set out in Clause 4.4.1 of this letter, and to the extent available, to make available to such persons promptly upon the Authority’s request the originals of such documents; to administer the payment of premiums due pursuant to the Insurances such that, in so far as we hold appropriate funds, all such premiums shall be paid to insurers in accordance with the terms of the Insurances; to administer the payment of claims from insurers in respect of the Insurances (the “Insurance Claims”) including: negotiating settlement of Insurance Claims presented in respect of the Insurances; collating and presenting all information required by insurers in relation to Insurance Claims presented in respect of the Insurances, and insofar as it is relevant and practicable, liaising with and reporting to each Authority throughout the settlement, payment and administration of such Insurance Claims. to advise the Authority promptly upon receipt of notice of any material changes which we are instructed to make in the terms of the Insurances and which, if effected, in our opinion as Insurance Brokers would result in any material reduction in limits or coverage or in any increase in deductibles, exclusions or exceptions; to advise the Authority in advance of any change to the terms of, or any lapse, non-renewal and/or cancellation of any policy maintained in respect of the Insurances; to use our reasonable endeavours to have endorsed on each and every policy evidencing the Insurances (when the same is issued) endorsements substantially in the form set out in Section 3 (Endorsements) to Schedule Part 15 (Required Insurances) of the Agreement; and to provide, prior to the Commencement of the Operational Insurances and prior to each renewal of any of them, a statement containing the information required to satisfy the requirement of Section 4 of Schedule Part 15 (Insurance Requirements) to the Project Agreement; and our opinion, supported by appropriate evidence, of the generally prevailing market for the relevant Insurance and of any other circumstances relevant to the application of paragraph 3.2 of Section 6 (Pass Through Costs) of Schedule Part 14 (Payment Mechanism) to the Project Agreement to the premiums for the relevant Insurance specifying the impact of each factor on the premium quotations obtained. NOTIFICATION DETAILS Our obligations at Clause 4 of this letter to notify or inform you shall be discharged by providing the requisite information in hard copy to: [Authority] We shall supply further letters substantially in this form on renewal of each of the Insurances and shall supply copies of such letters to those parties identified to us by the Authority for such purposes. Yours faithfully -------------------- For and on behalf of [Sub-hubcoProject Co’s broker] SCHEDULE PART 16 CHANGE PROTOCOL

Appears in 1 contract

Samples: Form Project Agreement

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Advisory Obligations. to notify you promptly of any default in the payment of any premium for any of the InsurancesRequired Insurance; to notify you if any insurer cancels or gives notification of cancellation of any of the InsurancesRequired Insurance, at least 30 (thirty) days before such cancellation is to take effect or as soon as reasonably practicable in the event that notification of cancellation takes place less than 30 (thirty) days before it is to take effect; to notify you of any act or omission, breach or default of which we have knowledge which in our reasonable opinion may either invalidate or render unenforceable in whole or in part any of the Insurances Required Insurance or which may otherwise materially impact on the extent of cover provided under the InsurancesRequired Insurance; and to advise Sub-hubco PPP Co. of its duties of disclosure to insurers and to specifically advise upon: the facts, circumstances and beliefs that should generally be disclosed to insurers; and the obligation not to misrepresent any facts, matters or beliefs to insurers. Disclosure Obligations to disclose to insurers all any information made available to us from any source and any fact, change of circumstances or occurrence made known to us from any source which in our reasonable opinion is material to the risks Risks insured against under the Insurances Required Insurance and which properly should be disclosed to insurers as soon as practicable after we become aware award of such information, fact, change of circumstance or occurrence whether prior to inception or renewal or otherwise; and to treat as confidential all information so marked or otherwise stated to be confidential and supplied to us by or on behalf of Sub-hubco PPP Co. or the Authority and not to disclose such information, without the prior written consent of the supplier, to any third party other than those persons who, in our reasonable opinion have a need to have access to such information from time to time, and for the purpose of disclosure to the insurers or their agents in respect of the Insurances Required Insurance in discharge of our obligation set out at Clause 4.3.1 4.3(a) of this letter. Our obligations of confidentiality shall will not conflict with our duties owed to Sub-hubco PPP Co. and shall will not apply to disclosure required by an order of a court of competent jurisdiction, or pursuant to any applicable law, governmental or regulatory authority having the force of law or to information which is in the public domain. Administrative Obligations to hold copies of all documents relating to or evidencing the InsurancesRequired Insurance, including but without prejudice to the generality of the foregoing, insurance slips, contracts, policies, endorsements and copies of all documents evidencing renewal of the InsurancesRequired Insurance, payment of premiums and presentation and receipt of claims; to supply to the Authority and/or its insurance advisers (or the Authority’s or its insurance advisers’ authorised representatives) promptly on written request copies of the documents set out in Clause 4.4.1 4.4(a) of this letter, and to the extent available, to make available to such persons promptly upon the Authority’s request the originals of such documents; to administer the payment of premiums due pursuant to the Insurances Required Insurance such that, in so far as we hold appropriate funds, all such premiums shall will be paid to insurers in accordance with the terms of the InsurancesRequired Insurance; to administer the payment of claims from insurers in respect of the Insurances (the “Insurance Claims”) including: ; negotiating settlement of Insurance Claims presented in respect of the InsurancesRequired Insurance; collating and presenting all information required by insurers in relation to Insurance Claims presented in respect of the Insurancesrequired Insurance, and insofar as it is relevant and practicable, liaising with and reporting to each Authority throughout the settlement, payment and administration of such Insurance Claims. to advise the Authority promptly upon receipt of notice of any material changes which we are instructed to make in the terms of the Insurances Required Insurance and which, if effected, in our opinion as Insurance Brokers would result in any material reduction in limits or coverage or in any increase in deductibles, exclusions or exceptions; to advise the Authority in advance of any change to of the terms of, or any lapse, non-renewal and/or cancellation of any policy maintained in respect of the InsurancesRequired Insurance; and to use our reasonable endeavours to have endorsed on each and every policy evidencing the Insurances Required Insurance (when the same is issued) endorsements substantially in the form set out in Section Part 3 (Endorsements) to Schedule Part 15 (Required Insurances) 23 of the Agreement; and to provide, prior to the Commencement of the Operational Insurances and prior to each renewal of any of them, a statement containing the information required to satisfy the requirement of Section 4 of Schedule Part 15 (Insurance Requirements) to the Project Agreement; . Insurance Cost Reporting Procedures to prepare following request, at the expense of PPP Co., a Joint Insurance Cost Report on behalf of both PPP Co. and our opinion, supported by appropriate evidence, the Authority in accordance with the Insurance Review Procedure as set forth in Clause 45.7 of the generally prevailing market for the relevant Insurance and of any other circumstances relevant to the application of paragraph 3.2 of Section 6 (Pass Through Costs) of Schedule Part 14 (Payment Mechanism) to the Project Agreement to (Insurance Premium Risk Sharing. We will ensure that the premiums for information in the relevant Joint Insurance specifying the impact of each factor Cost Report is fairly represented, based on the premium quotations obtainedinformation available to us. NOTIFICATION DETAILS Notification Details Our obligations at Clause 4 of this letter to notify or inform you shall will be discharged by providing the requisite information in hard copy to: [Authority[ ] Authority We shall will supply further letters substantially in this form on renewal of each of the Insurances Required Insurance and shall will supply copies of such letters to those parties identified to us by the Authority for such purposes. Yours faithfully -------------------- ______________ For and on behalf of [Sub-hubcoPPP Co.’s broker] Insurance Broker SCHEDULE PART 16 CHANGE PROTOCOL24 – EMPLOYEE TRANSFER AGREEMENT SCHEDULE 25 – DISCLOSURE LETTER 1 This approach assumes a fixed term for the Project Agreement. Another way of dealing with this is to have a maximum length but have the Project Agreement terminate when a specified level of return has been achieved or some other agreed event has occurred. This is not common, but may be appropriate, for example, where a significant proportion of project revenues are generated from third parties by way of user charges and the Authority has a legitimate interest in capturing surplus revenues for the public benefit.

Appears in 1 contract

Samples: Template Project Agreement

Advisory Obligations. to notify you promptly of any default in the payment of any premium for any of the Insurances; to notify you if any insurer cancels or gives notification of cancellation of any of the Insurances, at least 30 (thirty) days before such cancellation is to take effect or as soon as reasonably practicable in the event that notification of cancellation takes place less than 30 (thirty) days before it is to take effect; to notify you of any act or omission, breach or default of which we have knowledge which in our reasonable opinion may either invalidate or render unenforceable in whole or in part any of the Insurances or which may otherwise materially impact on the extent of cover provided under the Insurances; and to advise Sub-hubco of its duties of disclosure to insurers and to specifically advise upon: the facts, circumstances and beliefs that should generally be disclosed to insurers; and the obligation not to misrepresent any facts, matters or beliefs to insurers. Disclosure Obligations to disclose to insurers all information made available to us from any source and any fact, change of circumstances or occurrence made known to us from any source which in our reasonable opinion is material to the risks insured against under the Insurances and which properly should be disclosed to insurers as soon as practicable after we become aware of such information, fact, change of circumstance or occurrence whether prior to inception or renewal or otherwise; and to treat as confidential all information so marked or otherwise stated to be confidential and supplied to us by or on behalf of Sub-hubco or the Authority and not to disclose such information, without the prior written consent of the supplier, to any third party other than those persons who, in our reasonable opinion have a need to have access to such information from time to time, and for the purpose of disclosure to the insurers or their agents in respect of the Insurances in discharge of our obligation set out at Clause 4.3.1 of this letter. Our obligations of confidentiality shall not conflict with our duties owed to Sub-hubco and shall not apply to disclosure required by an order of a court of competent jurisdiction, or pursuant to any applicable law, governmental or regulatory authority having the force of law or to information which is in the public domain. Administrative Obligations to hold copies of all documents relating to or evidencing the Insurances, including but without prejudice to the generality of the foregoing, insurance slips, contracts, policies, endorsements and copies of all documents evidencing renewal of the Insurances, payment of premiums and presentation and receipt of claims; to supply to the Authority and/or its insurance advisers (or the Authority’s or its insurance advisers’ authorised representatives) promptly on written request copies of the documents set out in Clause 4.4.1 of this letter, and to the extent available, to make available to such persons promptly upon the Authority’s request the originals of such documents; to administer the payment of premiums due pursuant to the Insurances such that, in so far as we hold appropriate funds, all such premiums shall be paid to insurers in accordance with the terms of the Insurances; to administer the payment of claims from insurers in respect of the Insurances (the “Insurance Claims”) including: negotiating settlement of Insurance Claims presented in respect of the Insurances; collating and presenting all information required by insurers in relation to Insurance Claims presented in respect of the Insurances, and insofar as it is relevant and practicable, liaising with and reporting to each Authority throughout the settlement, payment and administration of such Insurance Claims. to advise the Authority promptly upon receipt of notice of any material changes which we are instructed to make in the terms of the Insurances and which, if effected, in our opinion as Insurance Brokers would result in any material reduction in limits or coverage or in any increase in deductibles, exclusions or exceptions; to advise the Authority in advance of any change to the terms of, or any lapse, non-renewal and/or cancellation of any policy maintained in respect of the Insurances; and to use our reasonable endeavours to have endorsed on each and every policy evidencing the Insurances (when the same is issued) endorsements substantially in the form set out in Section 3 (Endorsements) to Schedule Part 15 (Required Insurances) 12 of the Agreement; and . Insurance Cost Reporting Procedures to provideprepare following request, prior to at the Commencement expense of the Operational Insurances and prior to each renewal of any of themxxxxx, a statement containing Joint Insurance Cost Report on behalf of both hubco and the information required to satisfy Authority in accordance with the requirement of Insurance Review Procedure as set forth in Section 4 of Schedule Part 15 (Insurance Requirements) to the Project Agreement; and our opinion, supported by appropriate evidence, 12 of the generally prevailing market for Agreement. We shall ensure that the relevant information in the Joint Insurance and of any other circumstances relevant to the application of paragraph 3.2 of Section 6 (Pass Through Costs) of Schedule Part 14 (Payment Mechanism) to the Project Agreement to the premiums for the relevant Insurance specifying the impact of each factor Cost Report is fairly represented, based on the premium quotations obtained. NOTIFICATION DETAILS information available to us.118 Notification Details Our obligations at Clause 4 of this letter to notify or inform you shall be discharged by providing the requisite information in hard copy to: [Authority[ ] Authority We shall supply further letters substantially in this form on renewal of each of the Insurances and shall supply copies of such letters to those parties identified to us by the Authority for such purposes. This letter shall be governed by and construed in accordance with the law of Scotland. Yours faithfully -------------------- For and on behalf of [Sub-hubcoxxxxx’s broker] SCHEDULE PART 16 CHANGE PROTOCOLbroker]119 VARIATION PROCEDURE

Appears in 1 contract

Samples: Safety During Construction

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