Common use of Inadequacy or Unavailability of Required Coverages Clause in Contracts

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Documents or otherwise at Law. 9.1.9.2. 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.3. DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.19.1.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.29.1.11.2. 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.39.1.11.3. DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.49.1.11.4. DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor Developer demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain place the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB ContractorDeveloper, 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 xxxxx XX Contractor grant Developer an interim written variance from such requirements under which DB Contractor 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. 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB ContractorDeveloper-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.3. 9.1.11.3 DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience on the Project or of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of any DB Contractor-Related Entities Entity or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. 9.1.11.4 DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coveragecoverage and if DB Contractor is not required to self-insure for such risks, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor 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 DB ContractorDeveloper, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Term on commercially reasonable terms, TxDOT will xxxxx XX Contractor grant Developer an interim written variance from such requirements under which DB Contractor 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. 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB ContractorDeveloper-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.19.1.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.29.1.11.2. 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, 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) are or become unavailable during the Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.39.1.11.3. DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.49.1.11.4. DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.3. 9.1.11.3 DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience (with the exception of a Force Majeure Event) on the Project or of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of any DB Contractor-Related Entities Entity or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. 9.1.11.4 DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coveragecoverage and if DB Contractor is not required to self-insure for such risks, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under the DBA 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 DBA CDA Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor 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 DB Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions.markets 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 9.1.11 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB ContractorDeveloper-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.3. 9.1.11.3 DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience on the Project or of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. 9.1.11.4 DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coveragecoverage and if DB Contractor is not required to self-insure for such risks, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.3. 9.1.11.3 DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience (with the exception of a Force Majeure Event) on the Project or of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of any DB Contractor-Related Entities Entity or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. 9.1.11.4 DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coveragecoverage and if DB Contractor is not required to self insure for such risks, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.17.7.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Documents or otherwise at Law.approved 9.1.9.27.7.11.2. 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 hereunderhereunder (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 Term on commercially reasonable termsMaintenance Period, TxDOT will xxxxx XX 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 9 7 as is commercially reasonable under then-then- existing insurance market conditions. 9.1.9.37.7.11.3. If DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish demonstrates to TxDOT’s reasonable satisfaction that the builder's risk and/or property insurance policies required coverages (or required terms of such coverages, including insurance policy limits) by this Comprehensive Maintenance Agreement are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not no longer available at all in the global insurance and reinsurance markets or (b) market, TxDOT shall either self-insure the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified perils covered by the risk protection afforded. For required property insurance policies up to the purpose of clause (b), full amount and under the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions terms of the Projectrequired coverage or, or if it is prior to claims or loss experience the end of any DB Contractor-Related Entity or Affiliatea Maintenance Term, whether under an terminate this Comprehensive Maintenance Agreement for convenience. TxDOT shall provide notice of TxDOT’s election within 45 days after TxDOT’s determination that the property insurance policy policies required by this Section 9 or in connection with any unrelated work or activity of DB ContractorComprehensive Maintenance Agreement are no longer available. If TxDOT elects to self-Related Entities or Affiliateinsure the property insurance perils during the Initial Maintenance Term, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Maintenance Price if it agrees to accept alternative policies providing less than equivalent coveragefor the Initial Maintenance Term, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information). In no event shall this Section 7.7.11.3 apply if the unavailability of the required property insurance policies is attributable to claims or loss experience on the Project (unless such claims or loss experience is a result of damage caused by third parties or a Force Majeure Event) or to a DB Contractor- Related Entity, or of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 7 or Exhibit 10 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate. 7.7.11.4. DB Contractor shall not be entitled to any increase in the Maintenance Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives.

Inadequacy or Unavailability of Required Coverages. 9.1.9.17.7.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Capital Maintenance Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA CMA Documents or otherwise at Law. 9.1.9.27.7.11.2. 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 hereunderhereunder (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 Term on commercially reasonable termsMaintenance Period, TxDOT will xxxxx XX 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 9 7 as is commercially reasonable under then-then- existing insurance market conditions. 9.1.9.37.7.11.3. If (1) DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish demonstrates to TxDOT’s reasonable satisfaction that the property insurance policies required coverages (or required terms of such coverages, including insurance policy limits) by this Capital Maintenance Agreement are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not no longer available at all in the global insurance and reinsurance markets market or (b2) TxDOT determines, in its discretion, the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For , TxDOT shall, in its sole discretion, elect to (a) self-insure the purpose perils covered by the required property insurance policies up to the full amount and under the terms of clause the required coverage for the remainder of the Maintenance Term, or such for such shorter period as determined by TxDOT, (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from ) if the unavailability of coverage and occurs after a Maintenance NTP has been issued but prior to commencement of the requirement applicable Maintenance Term, revoke the subject Maintenance NTP without liability to DB Contractor or (c) terminate this Capital Maintenance Agreement for convenience. TxDOT shall provide acceptable alternativesnotice of TxDOT’s election within 45 Days after TxDOT’s determination that the property insurance policies required by this Capital Maintenance Agreement are no longer available. If TxDOT elects to self-insure the property insurance perils during the Initial Maintenance Term, TxDOT shall be deemed the insurer for such covered perils. In addition, TxDOT shall be entitled to a reduction in the Maintenance Price if it agrees to accept alternative policies providing less than equivalent coveragefor the Initial Maintenance Term, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information). In no event shall this Section 7.7.11.3 apply if the unavailability of the required property insurance policies is attributable to claims or loss experience on the Project (unless such claims or loss experience is a result of damage caused by third parties or a Force Majeure Event) or to a DB Contractor-Related Entity, or of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 7 or Exhibit 10 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate. 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.

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor Developer demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain place the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB ContractorDeveloper, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) are or become become unavailable during the Term on commercially reasonable terms, TxDOT will xxxxx XX Contractor grant Developer an interim written variance from such requirements under which DB Contractor 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. 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Developer- Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor Developer demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain place the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB ContractorDeveloper, 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 xxxxx XX Contractor grant Developer an interim written variance from such requirements under which DB Contractor 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. 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Developer- Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor 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 DB ContractorDeveloper, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Term on commercially reasonable terms, TxDOT will xxxxx XX Contractor grant Developer an interim written variance from such requirements under which DB Contractor 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. 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB ContractorDeveloper-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by Texas Department of Transportation IH 35E Managed Lanes Project September 20,October 12, 2012 70 RFP Addendum 35 Development Agreement extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.3. 9.1.11.3 DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, Project or to claims or loss experience (with the exception of a Force Majeure Event) on the Project or of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of any DB Contractor-Related Entities Entity or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. 9.1.11.4 DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coveragecoverage and if DB Contractor is not required to self insure for such risks, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under un der the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor Developer demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain place the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB ContractorDeveloper, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) are or become become unavailable during the Term on commercially reasonable terms, TxDOT will xxxxx XX Contractor grant Developer an interim written variance from such requirements under which DB Contractor 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. 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB ContractorDeveloper-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.17.7.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Maintenance Contractor against its undertakings under the DBA 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 DBA COMA Documents or otherwise at Law. 9.1.9.27.7.11.2. If DB Maintenance 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, and if, despite such diligent efforts and through no fault of DB Maintenance Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Term on at commercially reasonable termsrates, TxDOT will xxxxx XX consider in good faith granting Maintenance Contractor an interim written variance from such requirements under which DB Maintenance 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 9 7 as is commercially reasonable under then-then- existing insurance market conditions. 9.1.9.37.7.11.3. DB Maintenance Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 7.7 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially availablereasonable, DB Maintenance Contractor shall bear the burden of proving either that: (ai) the same is not available at all in the global insurance and reinsurance markets markets; or (bii) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (bii), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Maintenance Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For purposes of this Section 7.7.11, commercially reasonable rates are rates equal to or less than 200% of the benchmark for the insurance policy at issue as described in Section 7.7.12. If the required insurance coverage is available in the market, TxDOT’s decision to approve or disapprove a variance from the requirements of this Section 7 shall be final and not subject to the Dispute Resolution Procedures. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience on the Project, unless such claims or loss experience is a result of damage caused by third parties or a Force Majeure Event and not attributable to a Maintenance Contractor-Related Entity, or of any DB Maintenance Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 7 or Exhibit 10 or in connection with any unrelated work or activity of DB Maintenance Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.47.7.11.4. DB Maintenance Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information). If, in the future, through no fault of Maintenance Contractor, any of the coverages required in this Section 7.7 (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.

Inadequacy or Unavailability of Required Coverages. 9.1.9.19.1.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Documents or otherwise at Law. 9.1.9.29.1.11.2. 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.39.1.11.3. DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.49.1.11.4. DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor Developer demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain placemaintain the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB ContractorDeveloper, 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 xxxxx XX Contractor grant Developer an interim written variance from such requirements under which DB Contractor 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. 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB ContractorDeveloper-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.19.1.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.29.1.11.2. If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain place the insurance coverages it is required to provide hereunder, 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) are or become unavailable during the Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.39.1.11.3. DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.49.1.11.4. DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.3. 9.1.11.3 DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience on the Project or of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. 9.1.11.4 DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under the DBA 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 DBA CDA Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor Developer demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain place the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB ContractorDeveloper, 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 xxxxx XX Contractor grant Developer an interim written variance from such requirements under which DB Contractor 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. 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 9.1.11 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB ContractorDeveloper-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Contractor Developer against its undertakings under the DBA 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 DBA Contract Documents or otherwise at Law. 9.1.9.2. 9.1.11.2 If DB Contractor Developer demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain place the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB ContractorDeveloper, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) are or become become unavailable during the Term on commercially reasonable terms, TxDOT will xxxxx XX Contractor grant Developer an interim written variance from such requirements under which DB Contractor 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. 9.1.9.3. DB Contractor 9.1.11.3 Developer shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor Developer shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor Developer shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB ContractorDeveloper-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB ContractorDeveloper-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor 9.1.11.4 Developer shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA DBC or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA DBC 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 DBA DBC Documents or otherwise at Law. 9.1.9.2. 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, 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 Term on commercially reasonable terms, TxDOT will xxxxx XX 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 9 as is commercially reasonable under then-existing insurance market conditions. 9.1.9.3. DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not available at all in the global insurance and reinsurance markets or (b) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (b), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4. DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Price if it agrees to accept alternative policies providing less than equivalent coverage, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Financial Proposal Due Date if the EPDs do not provide adequate information).

Inadequacy or Unavailability of Required Coverages. 9.1.9.17.7.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Agreement or approved variances therefrom are adequate to protect DB Maintenance Contractor against its undertakings under the DBA 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 DBA COMA Documents or otherwise at Law. 9.1.9.27.7.11.2. If DB Maintenance 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, and if, despite such diligent efforts and through no fault of DB Maintenance Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Term on at commercially reasonable termsrates, TxDOT will xxxxx XX consider in good faith granting Maintenance Contractor an interim written variance from such requirements under which DB Maintenance 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 9 7 as is commercially reasonable under then-then- existing insurance market conditions. 9.1.9.37.7.11.3. DB Maintenance Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 7.7 merely because premiums for such insurance are higher than anticipated. To establish that the required coverages (or required terms of such coverages, including insurance policy limits) are not commercially availablereasonable, DB Maintenance Contractor shall bear the burden of proving either that: (ai) the same is not available at all in the global insurance and reinsurance markets markets; or (bii) the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified by the risk protection afforded. For the purpose of clause (bii), the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Maintenance Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For purposes of this Section 7.7.11, commercially reasonable rates are rates equal to or less than 200% of the benchmark for the insurance policy at issue as described in Section 7.7.12. If the required insurance coverage is available in the market, TxDOT’s decision to approve or disapprove a variance from the requirements of this Section 7 shall be final and not subject to the Dispute Resolution Procedures. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions of the Project, or to claims or loss experience on the Project, unless such claims or loss experience is a result of damage caused by third parties or a Force Majeure Event and not attributable to a Maintenance Contractor-Related Entity, or of any DB Maintenance Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 9 7 or Exhibit 10 or in connection with any unrelated work or activity of DB Maintenance Contractor-Related Entities or Affiliate, shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.47.7.11.4. DB Maintenance Contractor shall not be entitled to any increase in the Maintenance Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. TxDOT shall be entitled to a reduction in the Maintenance Price if it agrees to accept alternative policies providing less than equivalent coveragecoverage and Maintenance Contractor is not required to self-insure for such risks, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information). If, in the future, through no fault of Maintenance Contractor, any of the coverages required in this Section 7.7 (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.

Inadequacy or Unavailability of Required Coverages. 9.1.9.17.7.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this DBA Comprehensive Maintenance Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the DBA 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 DBA COMA Documents or otherwise at Law. 9.1.9.27.7.11.2. 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 hereunderhereunder (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 Term on commercially reasonable termsMaintenance Period, TxDOT will xxxxx XX 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 9 7 as is commercially reasonable under then-then- existing insurance market conditions. 9.1.9.37.7.11.3. If DB Contractor shall not be excused from satisfying the insurance requirements of this Section 9.1 merely because premiums for such insurance are higher than anticipated. To establish demonstrates to TxDOT’s reasonable satisfaction that the builder's risk and/or property insurance policies required coverages (or required terms of such coverages, including insurance policy limits) by this Comprehensive Maintenance Agreement are not commercially available, DB Contractor shall bear the burden of proving either that: (a) the same is not no longer available at all in the global insurance and reinsurance markets or (b) market, TxDOT shall either self-insure the premiums for the same have so materially increased over those previously paid for the same coverage that no reasonable and prudent risk manager for a Person seeking to insure comparable risks would conclude that such increased premiums are justified perils covered by the risk protection afforded. For required property insurance policies up to the purpose of clause (b), full amount and under the only increases in premiums that may be considered are those caused by changes in general market conditions in the insurance industry affecting insurance for highway facilities, and DB Contractor shall bear the burden of proving that premium increases are the result of such changes in general market conditions. For the avoidance of doubt, no increase in insurance premiums attributable to particular conditions terms of the Projectrequired coverage or, or if it is prior to claims or loss experience the end of any DB Contractor-Related Entity or Affiliatea Maintenance Term, whether under an terminate this Comprehensive Maintenance Agreement for convenience. TxDOT shall provide notice of TxDOT’s election within 45 Days after TxDOT’s determination that the property insurance policy policies required by this Section 9 or in connection with any unrelated work or activity of DB ContractorComprehensive Maintenance Agreement are no longer available. If TxDOT elects to self-Related Entities or Affiliateinsure the property insurance perils during the Initial Maintenance Term, TxDOT shall be considered in determining whether required insurance is commercially unavailable. 9.1.9.4deemed the insurer for such covered perils. DB Contractor shall not be entitled to any increase in the Price for increased costs or any time extension to the Completion Deadlines resulting from the unavailability of coverage and the requirement to provide acceptable alternatives. In addition, TxDOT shall be entitled to a reduction in the Maintenance Price if it agrees to accept alternative policies providing less than equivalent coveragefor the Initial Maintenance Term, with the amount to be determined by extrapolation using the insurance quotes included in the EPDs (or based on other evidence of insurance premiums as of the Proposal Due Date if the EPDs do not provide adequate information). In no event shall this Section 7.7.11.3 apply if the unavailability of the required property insurance policies is attributable to claims or loss experience on the Project (unless such claims or loss experience is a result of damage caused by third parties or a Force Majeure Event) or to a DB Contractor- Related Entity, or of any DB Contractor-Related Entity or Affiliate, whether under an insurance policy required by this Section 7 or Exhibit 10 or in connection with any unrelated work or activity of DB Contractor-Related Entities or Affiliate. 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.