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

Inadequacy or Unavailability of Required Coverages. 7.7.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA Documents or otherwise at Law. 7.7.11.2 If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 as is commercially reasonable under then-existing insurance market conditions. 7.7.11.3 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. 7.7.11.1 3.3.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA Capital Maintenance Contract or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA CMC Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA CMC Documents or otherwise at Law. 7.7.11.2 3.3.11.2 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 Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 3.3 as is commercially reasonable under then-existing insurance market conditions. 7.7.11.3 3.3.11.3 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. 7.7.11.1 3.4.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA Capital Maintenance Contract or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA CMC Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA CMC Documents or otherwise at Law. 7.7.11.2 3.4.11.2 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 Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 3.4 as is commercially reasonable under then-existing insurance market conditions. 7.7.11.3 3.4.11.3 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. 7.7.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA Capital Maintenance Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA Documents or otherwise at Law. 7.7.11.2 If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 as is commercially reasonable under then-existing insurance market conditions. 7.7.11.3 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. 7.7.11.1 3.4.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA Capital Maintenance Contract or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA CMC Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA CMC Documents or otherwise at Law. 7.7.11.2 3.4.11.2 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 Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 3.4 as is commercially reasonable under then-then- existing insurance market conditions. 7.7.11.3 3.4.11.3 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. 7.7.11.1 7.7.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA Capital Maintenance Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA Documents or otherwise at Law. 7.7.11.2 7.7.11.2. If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain the insurance coverages it is required to provide hereunderhereunder (other than builder's risk policies), and if, despite such diligent efforts and through no fault of DB Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 as is commercially reasonable under then-existing insurance market conditions. 7.7.11.3 7.7.11.3. 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. 7.7.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA Capital Maintenance Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA Documents or otherwise at Law. 7.7.11.2 If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain the insurance coverages it is required to provide hereunderhereunder (other than builder’s risk policies), and if, despite such diligent efforts and through no fault of DB Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 as is commercially reasonable under then-existing insurance market conditions.unavailable 7.7.11.3 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. 7.7.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA Capital Maintenance Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA Documents or otherwise at Law. 7.7.11.2 If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of DB Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 as is commercially reasonable under then-existing insurance market conditions.Maintenance 7.7.11.3 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.