Common use of Insured Sum Clause in Contracts

Insured Sum. For the purposes of clause 27.2(b), the Insured Sum for the liability referred to in that clause means: (a) the amount recovered by the First Party under an insurance policy in respect of the liability; or (b) the amount that would have been so recovered by the First Party in respect of the liability but for: (i) a failure by the First Party to: (A) comply with clause 28; or (B) claim under the relevant insurance, comply with the claim procedures under the relevant insurance, or diligently pursue the claim; (ii) the First Party not complying with any provision, obligation or duty owed under or in respect of the relevant insurance (including the pre-contractual duty to disclose); or (iii) the operation of any self-insured retention, deductible, excess or co-insurance under the terms of the relevant insurance, but not to the extent that the relevant insurer seeks to deny recovery in respect of the liability on the basis of any of the limitations in clause 27.2(b).

Appears in 4 contracts

Samples: Reference Service Agreement, Reference Service Agreement, Reference Service Agreement

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Insured Sum. For the purposes of clause 27.2(b), the Insured Sum for the liability referred to in that clause means: (a) the amount recovered by the First Party under an insurance policy in respect of the liability; or (b) the amount that would have been so recovered by the First Party in respect of the liability but for: (i) a failure by the First Party to: (A) comply with clause 28; or (B) claim under the relevant insurance, comply with the claim procedures under the relevant insurance, or diligently pursue the claim; (ii) the First Party not complying with any provision, obligation or duty owed under or in respect of the relevant insurance (including the pre-pre- contractual duty to disclose); or (iii) the operation of any self-insured retention, deductible, excess or co-co- insurance under the terms of the relevant insurance, but not to the extent that the relevant insurer seeks to deny recovery in respect of the liability on the basis of any of the limitations in clause 27.2(b).

Appears in 4 contracts

Samples: Service Agreement, Reference Service Agreement, Reference Service Agreement

Insured Sum. For the purposes of clause 27.2(b25.2(b), the Insured Sum for the liability referred to in that clause means: (a) the amount recovered by the First Party under an insurance policy in respect of the liability; or (b) the amount that would have been so recovered by the First Party in respect of the liability but for: (i) a failure by the First Party to: (A) comply with clause 2826; or (B) claim under the relevant insurance, comply with the claim procedures under the relevant insurance, or diligently pursue the claim; (ii) the First Party not complying with any provision, obligation or duty owed under or in respect of the relevant insurance (including the pre-contractual duty to disclose); or (iii) the operation of any self-insured retention, deductible, excess or co-insurance under the terms of the relevant insurance, insurance but not to the extent that the relevant insurer seeks to deny recovery in respect of the liability on the basis of any of the limitations in clause 27.2(b25.2(b).

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Insured Sum. For the purposes of clause 27.2(b), the Insured Sum for the liability referred to in that clause means: (a) the amount recovered by the First Party under an insurance policy in respect of the liability; or (b) the amount that would have been so recovered by the First Party in respect of the liability but for: (i) a failure by the First Party to: (A) comply with clause 28; or (B) claim under the relevant insurance, comply with the claim procedures under the relevant insurance, or diligently pursue the claim; (ii) the First Party not complying with any provision, obligation or duty owed under or in respect of the relevant insurance (including the pre-contractual duty to disclose); or (iii) the operation of any self-insured retention, deductible, excess or co-insurance under the terms of the relevant insurance, but not to the extent that the relevant insurer seeks to deny recovery in respect of the liability on the basis of any of the limitations in clause 27.2(b).

Appears in 1 contract

Samples: Reference Service Agreement

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Insured Sum. For the purposes of clause 27.2(b), the Insured Sum for the liability referred to in that clause means: (a) the amount recovered by the First Party under an insurance policy in respect of the liability; or (b) the amount that would have been so recovered by the First Party in respect of the liability but for: (i) a failure by the First Party to: (A) comply with clause 28; or (B) claim under the relevant insurance, comply with the claim procedures under the relevant insurance, or diligently pursue the claim; (ii) the First Party not complying with any provision, obligation or duty owed under or in respect of the relevant insurance (including the pre-contractual duty to disclose); or (iii) the operation of any self-insured retention, deductible, excess or co-insurance under the terms of the relevant insurance, but not to the extent that the relevant insurer seeks to deny recovery in respect of the liability on the basis of any of the limitations in clause 27.2(b27.2(b).any uninsured retentions (such as deductibles or excesses).

Appears in 1 contract

Samples: Service Agreement

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