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 Comprehensive Maintenance Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the COMA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the COMA Documents or otherwise at Law. 7.7.11.2. If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain the insurance coverages it is required to provide hereunder (other than builder's risk and/or property insurance policies), and if, despite such diligent efforts and through no fault of DB Contractor, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) become unavailable during the Maintenance Period, TxDOT will consider in good faith granting DB Contractor an interim written variance from such requirements under which DB Contractor shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 7 as is commercially reasonable under then- existing insurance market conditions. 7.7.11.3. If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that the builder's risk and/or property insurance policies required by this 7.7.11.4. DB Contractor shall not be entitled to any increase in the Maintenance Price for increased costs or any time extension resulting from the unavailability of coverage and the requirement to provide acceptable alternatives.

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 Comprehensive Capital Maintenance Agreement Contract or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the COMA CMC Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 preclude TxDOT from taking any actions as are available to it under the COMA 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 (other than builder's risk and/or property insurance policies)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- then-existing insurance market conditions. 7.7.11.3. If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that the builder's risk and/or property insurance policies required by this 7.7.11.4. 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. 3.3.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this Comprehensive Capital Maintenance Agreement Contract or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the COMA CMC Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall DocuSign Envelope ID: 8320AD6C-99DF-41FA-9908-4E441F89A70B preclude TxDOT from taking any actions as are available to it under the COMA 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 (other than builder's risk and/or property insurance policies)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- then-existing insurance market conditions. 7.7.11.3. If DB Contractor demonstrates to TxDOT’s reasonable satisfaction that the builder's risk and/or property insurance policies required by this 7.7.11.4. 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.