ARTC’s insurance policies. (a) ARTC will during the Term take out and maintain a liability insurance policy which provides an indemnity in respect of:
(i) loss of, loss of use of, and destruction or damage to, real or personal property;
(ii) injury to, or disease or death of, persons; and
(iii) ARTC’s liability to the Operator under clause 15 to the extent coverable by insurance.
(b) The liability insurance policy referred to in clause 16.2(a) will have a limit of liability of not less than $250,000,000 for any one occurrence.
ARTC’s insurance policies. (a) ARTC will during the Term take out and maintain a liability insurance policy which provides an indemnity in respect of:
(i) loss of, loss of use of, and destruction or damage to, real or personal property;
(ii) injury to, or disease or death of, persons;
(iii) ARTC's liability to the Operator under clause 15 to the extent coverable by insurance.
(b) The liability insurance policy referred to in clause 16.2(a) must have a limit of liability of not less than $250,000,000 for any one occurrence.
(c) ARTC will:
(i) deliver to the Operator when reasonably requested by the Operator copies of such parts of the liability insurance policy referred to in clause 16.2(a) and the Certificates of Currency in relation to such policy, subject to the details of such policy being kept confidential by the Operator (other than for the purpose of seeking indemnification thereunder);
(ii) publish annually the amounts paid by it by way of premiums for the insurance referred to in clause 16.2(a).
(d) In the event that there is a substantial reduction in the amounts paid by way of premiums as disclosed under clause 16.2(c)(ii), ARTC will, in consultation with all operators granted access to the Network, apply any such savings towards repairs, maintenance or upgrading of the Network or as otherwise agreed between the parties.
ARTC’s insurance policies. (a) ARTC will during the Term take out and maintain a liability insurance policy which provides an indemnity in respect of:
(i) loss of, loss of use of, and destruction or damage to, real or personal property;
(ii) injury to, or disease or death of, persons;
(iii) ARTC's liability to the Operator under clause 15 to the extent coverable by insurance.
(b) The liability insurance policy referred to in clause 16.2(a) will have a limit of liability of not less than $250,000,000 for any one occurrence.
(c) ARTC will deliver to the Operator when reasonably requested by the Operator copies of such parts of the liability insurance policy referred to in clause 16.2(a) and the certificates of currency in relation to such policy, subject to the details of such policy being kept confidential by the Operator (other than for the purpose of seeking indemnification thereunder).
ARTC’s insurance policies. ARTC will:
a) take out and maintain:
i) a public liability insurance policy;
ii) a policy of insurance with respect to ARTC’s liability to the Operator pursuant to the indemnity provisions contained in clause 15 to the extent coverable by insurance with a reputable and solvent insurer for an amount of $200,000,000.00 in respect of each policy containing provisions which are standard industry terms for railway track owners (it being acknowledged that ARTC is not exempted from any liability in excess of the sum insured nor from any liability to which such insurance does not apply); Note: FreightCorp and Toll consider that for the purposes of information a policy of this kind should be sought and the terms considered, including the cost, and a cost benefit analysis conducted as to how much more it adds versus the public liability insurance policy.
b) deliver to the Operator when reasonably requested by the Operator copies of such parts of the policies as are relevant to the insurances required under this Agreement and the Certificates of Currency in relation to the policies referred to in clause 16.2(a)(i) and (ii) subject to the details of such policies being kept confidential by the Operator (other than for the purpose of seeking indemnification thereunder);
c) publish annually the amounts paid by it by way of premiums for the insurances referred to in 16.2(a); and
