Failure to produce proof of insurance. No amendment.
Failure to produce proof of insurance. If the Contractor, or a subcontractor, fails within ten (10) Business Days of receiving a request from the Council to produce evidence of compliance with insurance obligations required by this Contract or fails to effect or to keep in force any of the insurances required by this Contract to the satisfaction of the Council, the Council may effect and maintain the insurance and pay the premiums or terminate the Contract. The premium paid will be a debt due to the Council from the Contractor and the Council may offset this debt against any monies due and payable to the Contractor or refuse payment of any moneys due to the Contractor under this Contract until evidence of compliance with insurance obligations required by this Contract is produced by the Contractor to the satisfaction and approval of Council. The rights given by this Clause 12 are in addition to any other right.
Failure to produce proof of insurance. If after being so requested, a party liable to insure fails promptly to provide satisfactory evidence of compliance, then without prejudice to other rights or remedies, the other party may insure and the cost thereof shall be moneys due and payable from the party in default. Where the defaulting party is the Managing Contractor, the Principal may refuse payment until such evidence is produced by the Managing Contractor.
Failure to produce proof of insurance terms
(a) If, after being requested in writing by the State to do so, Project Co fails to produce evidence of compliance with its insurance obligations in accordance with Clause 40.7 to the satisfaction and approval of the State, the State may:
(i) effect and maintain the Insurances and pay the premiums;
(ii) exercise its rights under Clause 43;
(iii) suspend the whole or part of the DBFM Works or the Services until evidence of Insurances required by this Agreement is produced to the State, and Project Co must bear any cost it incurs as a result of the suspension; or
(iv) refuse payment of any moneys due to Project Co until evidence of Insurances required by Clause 40.7 is produced to the State.
Failure to produce proof of insurance terms
(a) If, after being requested in writing by the State to do so, the Operator fails to produce evidence of compliance with its insurance obligations in accordance with Clause 27.5 to the satisfaction and approval of the State, the State may:
(i) effect and maintain the Insurances and pay the premiums and the relevant amount will be a Pre-Operational Phase Cost or an Operating Cost (whether incurred in the Pre-Operational Phase or Operating Phase, as the case may be) which the State may include in a Payment Statement;
(ii) exercise its rights under Clause 30;
(iii) suspend the whole or part of the Services until evidence of Insurances required by this Agreement is produced to the State, and the Operator must bear any cost it incurs as a result of the suspension; or
(iv) refuse payment of any moneys due to the Operator until evidence of Insurances required by Clause 27.5 is produced to the State.
(b) Any costs incurred by the State in connection with performing any part of the Services suspended in accordance with Clause 27.6(a)(iii) are Pre-Operational Phase Costs or Operating Costs (whether incurred in the Pre-Operational Phase or Operating Phase, as the case may be) which the State may include in a Payment Statement.
(c) The rights given to the State by this Clause 27.6 are in addition to any other rights the State may have.
Failure to produce proof of insurance. If after being requested in writing by WSPT to do so, the Developer fails to produce evidence of compliance with its obligations under this clause to the satisfaction of WSPT, WSPT may effect and maintain the Insurances and pay the premiums. The amount paid shall be a debt due from the Developer to WSPT payable on demand.
Failure to produce proof of insurance. (a) If a party makes a request under clause 31.1 and the other party fails to promptly provide satisfactory evidence of compliance with clause 31.1, then without prejudice to any other rights or remedies, that party may insure and the cost thereof shall be moneys due and payable from the other party to that party.
(b) If the Contractor fails to provide proof of the insurance effected and maintained by the Contractor in accordance with clause 30.2 then, until the Contractor provides the proof of the insurance required by clause 31.1, amounts otherwise due to the Contractor in respect of the Management Fee may be withheld by the Principal.
Failure to produce proof of insurance. (a) If, after being requested in writing by TfNSW to do so, the Operator fails to produce evidence of compliance with its insurance obligations to the satisfaction of TfNSW, TfNSW may:
(1) effect and maintain the insurance and pay the premiums and any amount so paid will be a debt due from the Operator to TfNSW; and/or
(2) treat the failure as a breach of a material obligation under this Agreement.
(b) The rights given by this clause 16.5 are in addition to any other right.
Failure to produce proof of insurance.
(a) If, after being requested in writing by TAHE to do so, the Operator fails to produce evidence of compliance with its insurance obligations to the satisfaction of TAHE, TAHE may:
(1) effect and maintain the insurance and pay the premiums and any amount so paid will be a debt due from the Operator to TAHE; and/or
(2) treat the failure as a breach of a material obligation under this Agreement.
(b) The rights given by this clause 16.5 are in addition to any other right.
Failure to produce proof of insurance. If, after being requested in writing by the other party so to do, a party fails to produce evidence of compliance with insurance obligations under Clauses 18, 19 or 20 to the satisfaction and approval of the other party, the other party may effect and maintain the insurance and pay the premiums. The amount paid shall be a debt due from the party in default to the other party. Where the defaulting party is the Contractor, the Principal may refuse payment until evidence of compliance with insurance obligations under Clauses 18, 19 and 20 is produced by the Contractor to the satisfaction and approval of the Principal. The rights given by Clause 21.2 are in addition to any other right.
