Inadequacy or Unavailability of Required Coverages Sample Clauses

Inadequacy or Unavailability of Required Coverages. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the Contract Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the Contract Documents or otherwise at Law.
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Inadequacy or Unavailability of Required Coverages. 7.7.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA Documents or otherwise at Law.
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Inadequacy or Unavailability of Required Coverages. If, in the future, through no fault of Maintenance Contractor, any of the coverages required in this Section 7.3 (or any of the required terms of such coverages, including policy limits) become unavailable as determined under a commercial reasonableness standard, TxDOT will work with Maintenance Contractor to find commercially reasonable alternatives to the required coverages that are acceptable to TxDOT.
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Inadequacy or Unavailability of Required Coverages. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this Agreement or approved variances therefrom are adequate to protect Developer against its undertakings under the CDA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CDA Documents or otherwise at Law.
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Inadequacy or Unavailability of Required Coverages. 3.3.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this Capital Maintenance Contract or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMC Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 preclude TxDOT from taking any actions as are available to it under the CMC Documents or otherwise at Law.
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Inadequacy or Unavailability of Required Coverages. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this Agreement or approved variances therefrom are adequate to protect Developer against its undertakings under the Contract Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the Contract Documents or otherwise at Law. place 9.1.11.2 If Developer demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of Developer, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) are or become unavailable during the Term on commercially reasonable terms, TxDOT will grant Developer an interim written variance from such requirements under which Developer shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 9 as is commercially reasonable under then-existing insurance market conditions.
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Inadequacy or Unavailability of Required Coverages. 7.7.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this Comprehensive Maintenance Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the COMA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the COMA Documents or otherwise at Law. 7.7.11.2. If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain the insurance coverages it is required to provide hereunder (other than builder's risk and/or property insurance policies), and if, despite such diligent efforts and through no fault of DB Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 as is commercially reasonable under then- existing insurance market conditions. 7.7.11.3. If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that the builder's risk and/or property insurance policies required by this 7.7.11.4. DB Contractor shall not be entitled to any increase in the Maintenance Price for increased costs or any time extension resulting from the unavailability of coverage and the requirement to provide acceptable alternatives.
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Related to Inadequacy or Unavailability of Required Coverages

  • Unavailability of Services You understand and agree that the Services may at times be temporarily unavailable due to system maintenance or technical difficulties. In the event any of the services included in our Mobile Banking Services are unavailable, you acknowledge that you can deposit an original check at our branches or through ATM that accepts your deposit, or by mail.

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM;

  • Failure to Maintain Coverage Failure by the Contractor to maintain the required insurance, or to provide evidence of insurance coverage acceptable to the County, shall constitute a material breach of the Contract upon which the County may immediately terminate or suspend this Contract. The County, at its sole option, may obtain damages from the Contractor resulting from said breach. Alternatively, the County may purchase such required insurance coverage, and without further notice to the Contractor, the County may deduct from sums due to the Contractor any premium costs advanced by the County for such insurance.

  • Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement.

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events: - If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure, or if the transaction involves a loan request exceeding your credit limit. - If you used your card or access code in an incorrect manner. - If the ATM where you are making the transfer does not have enough cash. - If the ATM was not working properly and you knew about the problem when you started the transaction. - If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction. - If the money in your account is subject to legal process or other claim. - If funds in your account are pledged as collateral or frozen because of a delinquent loan. - If the error was caused by a system of any participating ATM network. - If the electronic transfer is not completed as a result of your willful or negligent use of your card, access code, or any EFT facility for making such transfers. - If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction. - If you have xxxx payment services, we can only confirm the amount, the participating merchant, and date of the xxxx payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors. - Any other exceptions as established by the Credit Union.

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Failure to Maintain If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord’s remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs plus any administrative fees assessed by Landlord’s agents or any other entity as provided by law.

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