Common use of Notice of Potential Claim Clause in Contracts

Notice of Potential Claim. The Consultant must: as soon as possible inform the Contractor's Representative in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.1 or any claim actually made against the Consultant or the Contractor which may be covered by an insurance policy required under clause 5.1; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Consultant, provided that, in respect of Professional Indemnity Insurance, the Consultant: subject to paragraph (d), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Consultant and claims which may arise from circumstances reported by the Consultant to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the Subcontract. Cross Liability Clause 5.6 does not apply to Professional Indemnity Insurance or Workers Compensation Insurance. Where the Subcontract requires insurance to provide cover to more than one insured, the Consultant must ensure that, to the extent permitted by law, the insurance policy provides that: the insurer agrees to treat each insured as a separate insured as though a separate contract of insurance had been entered into with each insured, without increasing the deductibles or reducing the overall limit of indemnity; the insurer will not impute to any insured any knowledge or intention or a state of mind possessed or allegedly possessed by any other insured; the insurer waives all rights, remedies or relief to which it might become entitled by subrogation against any of the parties to whom the benefit of insurance cover extends and that failure by any insured to observe and fulfil the terms of the policy will not prejudice the insurance in regard to any other insured;

Notice of Potential Claim. The Consultant must: as soon as possible inform the Contractor's Representative Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.1 by the Subcontract or any claim actually made against the Consultant or the Contractor which may be covered by an insurance policy required under clause 5.1by the Subcontract; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Consultant; and ensure that its subconsultants similarly inform the Consultant and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract or any claim actually made against the Consultant, the subcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Consultant: subject to paragraph (de), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Consultant and claims which may arise from circumstances reported by the Consultant to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the Subcontract. Cross Liability Clause 5.6 5.5 does not apply to Professional Indemnity Insurance or Workers Compensation Insurance. Where the Subcontract requires insurance to provide cover to more than one insured, the Consultant must ensure that, to the extent permitted by law, that the insurance policy provides that: the insurer agrees to treat each insured insurance (with the exception of limits of liability) will operate in the same manner as if there were a separate insured as though a separate contract policy of insurance had been entered into with covering each insured, without increasing the deductibles or reducing the overall limit of indemnity; the insurer will not impute to any insured any knowledge or intention or a state of mind possessed or allegedly possessed by any other named insured; the insurer waives all rights, remedies or relief to which it might become entitled by subrogation against any of the parties to whom the benefit of insurance cover coverage extends and that failure by any insured to observe and fulfil the terms of the policy will not prejudice the insurance in regard to any other insured;; and a notice to the insurer by one insured will be deemed to be notice on behalf of all insureds.

Notice of Potential Claim. The Consultant must: as soon as possible inform the Contractor's Representative Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.1 or any claim actually made against the Consultant or the Contractor Commonwealth which may be covered by an insurance policy required under by clause 5.1; keep the Contractor Commonwealth informed of all significant developments concerning the claim, except in circumstances where the Contractor Commonwealth is making a claim against the Consultant; and ensure that its subconsultants similarly inform the Consultant and the Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Contract or any claim actually made against the Consultant, the subconsultant or the Commonwealth which may be covered by an insurance policy required by the Contract, provided that, in respect of Professional Indemnity Insurance, the Consultant: subject to paragraph (de), is not required to provide details of individual claims; and must notify the Contractor Commonwealth if the estimated total combined value of claims made against the Consultant and claims which may arise from circumstances reported by the Consultant to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the SubcontractContract. Cross Liability Clause 5.6 5.5 does not apply to Professional Indemnity Insurance or Workers Compensation Insurance. Where the Subcontract Contract requires insurance to provide cover to more than one insured, the Consultant must ensure that, to the extent permitted by law, the insurance policy provides that: the insurer agrees to treat each insured as a separate insured as though a separate contract of insurance had been entered into with each insured, without increasing the deductibles or reducing the overall limit of indemnity; the insurer will not impute to any insured any knowledge or intention or a state of mind possessed or allegedly possessed by any other insured; the insurer waives all rights, remedies or relief to which it might become entitled by subrogation against any of the parties to whom the benefit of insurance cover extends and that failure by any insured to observe and fulfil the terms of the policy will not prejudice the insurance in regard to any other insured;; a notice to the insurer by one insured will be deemed to be notice on behalf of all insureds; and the insurer agrees not to reduce or exclude the insurance cover of an insured because the: liability of the insured is limited by the operation of the proportionate liability legislation of any Australian jurisdiction or the Host Nation; or proportionate liability legislation of any Australian jurisdiction or the Host Nation is lawfully excluded by the contract.

Notice of Potential Claim. The Consultant Subconsultant must: as soon as possible inform the Contractor's Representative Consultant in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.1 or any claim actually made against by the Subcontract; and keep the Consultant or the Contractor which may be covered by an insurance policy required under clause 5.1; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor Consultant is making a claim against the ConsultantSubconsultant, provided that, in respect of Professional Indemnity Insurance, the ConsultantSubconsultant: subject to paragraph (d), is not required to provide details of individual claims; and must notify the Contractor Consultant if the estimated total combined value of claims made against the Consultant Subconsultant and claims which may arise from circumstances reported by the Consultant Subconsultant to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the Subcontract. Cross Liability Clause This clause 5.6 does not apply to Professional Indemnity Insurance or and Workers Compensation Insurance. Where the Subcontract requires insurance to provide cover to more than one insured, the Consultant Subconsultant must ensure that, to the extent permitted by law, that the insurance policy provides that: the insurer agrees to treat each insured insurance (with the exception of limits of liability) will operate in the same manner as if there were a separate insured as though a separate contract policy of insurance had been entered into with covering each insured, without increasing the deductibles or reducing the overall limit of indemnity; the insurer will not impute to any insured any knowledge or intention or a state of mind possessed or allegedly possessed by any other named insured; the insurer waives all rights, remedies or relief to which it might become entitled by subrogation against any of the parties to whom the benefit of insurance cover coverage extends and that failure by any insured to observe and fulfil the terms of the policy will not prejudice the insurance in regard to any other insured;; and a notice to the insurer by one insured will be deemed to be notice on behalf of all insureds.

Notice of Potential Claim. The Consultant must: as soon as possible inform the Contractor's Representative Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.1 or any claim actually made against the Consultant or the Contractor Commonwealth which may be covered by an insurance policy required under by clause 5.1; keep the Contractor Commonwealth informed of all significant developments concerning the claim, except in circumstances where the Contractor Commonwealth is making a claim against the Consultant; and ensure that its subconsultants similarly inform the Consultant and the Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Contract or any claim actually made against the Consultant, the subconsultant or the Commonwealth which may be covered by an insurance policy required by the Contract, provided that, in respect of Professional Indemnity Insurance, the Consultant: subject to paragraph (de), is not required to provide details of individual claims; and must notify the Contractor Commonwealth if the estimated total combined value of claims made against the Consultant and claims which may arise from circumstances reported by the Consultant to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the SubcontractContract. Cross Liability Clause 5.6 5.5 does not apply to Professional Indemnity Insurance or Workers Compensation Insurance. Where the Subcontract Contract requires insurance to provide cover to more than one insured, the Consultant must ensure that, to the extent permitted by law, the insurance policy provides that: the insurer agrees to treat each insured as a separate insured as though a separate contract of insurance had been entered into with each insured, without increasing the deductibles or reducing the overall limit of indemnity; the insurer will not impute to any insured any knowledge or intention or a state of mind possessed or allegedly possessed by any other insured; the insurer waives all rights, remedies or relief to which it might become entitled by subrogation against any of the parties to whom the benefit of insurance cover extends and that failure by any insured to observe and fulfil the terms of the policy will not prejudice the insurance in regard to any other insured;; a notice to the insurer by one insured will be deemed to be notice on behalf of all insureds; and the insurer agrees not to reduce or exclude the insurance cover of an insured because the: liability of the insured is limited by the operation of the proportionate liability legislation of any Australian jurisdiction; or proportionate liability legislation of any Australian jurisdiction is lawfully excluded by the contract.