Operator’s insurance policies. (a) The Operator will during the Term take out and maintain a liability insurance policy which provides an indemnity in respect of:
(i) loss of, loss of use of, and destruction or damage to, real or personal property;
(ii) injury to, or disease or death of, persons;
(iii) the Operator’s liability to ARTC under clause 15 to the extent coverable by insurance.
(b) The liability insurance policy referred to in clause 16.1(a) will:
(i) be with an insurer approved by ARTC (and ARTC will not unreasonably withhold such approval);
(ii) have a limit of liability of not less than $250,000,000 (or such other amount as ARTC may reasonably require and notify to the Operator from time to time) for any one occurrence; and
(iii) contain provisions that are standard industry terms for railway operators.
(c) The Operator will deliver to ARTC when reasonably requested by ARTC copies of such parts of the liability insurance policy referred to in clause 16.1(a) and the Certificates of Currency in relation to such policy, subject to the details of such policy being kept confidential by ARTC (other than for the purpose of seeking indemnification thereunder).
(d) The liability limit referred to in clause 16.1(b)(ii) may at ARTC’s absolute discretion be reduced to such other amount as ARTC expressly authorises in writing from time to time.
(e) The Operator acknowledges and agrees that:
(i) it is the Operator’s responsibility to assess and consider the risks and scope of insurance required for the Operator’s business;
(ii) nothing in this clause will exempt the Operator from any liability that is not covered by the liability insurance policy referred to in clause 16.1(a); and
(iii) nothing in this clause will impose liability on ARTC, including where ARTC approves a reduction in the liability limit referred to in clause 16.1(b)(ii).
Operator’s insurance policies. The Operator will during the Term take out and maintain a liability insurance policy which provides an indemnity in respect of:
Operator’s insurance policies. The Operator must during the Term:
(a) take out and maintain:
(1) a public liability insurance policy in the name of the Operator which also covers the Operator’s Employees for their respective rights, interests, and obligations and covering all matters referred to in this Agreement and which includes a principal’s indemnity endorsement noting TAHE and any notified CRN Contractor as an interested party in respect of its rights, interests and obligations and covering all matters referred to in this Agreement;
(2) a policy of insurance with respect to the Operator’s liability to TfNSW pursuant to the indemnity provisions contained in clause 15 to the extent coverable by insurance with a reputable and solvent insurer authorised by the Australian Prudential Regulation Authority and the Australian Securities and Investments Commission or as otherwise approved by TAHE, for the amount specified in clause 16.2(d)(1) in respect of each and every claim and containing provisions which are standard industry terms for railway operators (it being acknowledged that the Operator is not exempted from any liability in excess of the sum insured nor from any liability to which such insurance does not apply);
(3) a policy of insurance against liability for death of, or injury to, persons employed (or deemed to be employed) by the Operator in relation to its rail operations, including liability ensuing under any statute or at common law, to at least the minimum cover prescribed by any statute or otherwise and the Operator will ensure that its contractors have the same type of insurances in place in relation to their employees (including deemed employees); and
(4) a policy of insurance covering liability arising from:
(A) damage caused by goods transported by the Operator in a sum insured of not less than $100 million PROVIDED that the Operator will give TAHE prompt and timely advance notice of any Dangerous Goods (as defined by the Dangerous Goods Code or other relevant law) to be transported by the Operator in which case TAHE will be entitled to require a higher level of such insurance not exceeding $250 million as a condition of the transport of such Dangerous Goods; and
(B) damage caused to goods transported by the Operator in a sum insured of not less than $50 million.
(b) deliver to TAHE prior to or upon the Commencement Date TAHE and annually thereafter on the anniversary of the Commencement Date, copies of such parts of the insurance policies as are relevant to the i...
Operator’s insurance policies. The Operator will during the term of this Agreement:
a) take out and maintain:
i) a public liability insurance policy;
ii) a policy of insurance with respect to the Operator’s liability to ARTC pursuant to the indemnity provisions contained in clause 15 to the extent coverable by insurance (it being acknowledged that such indemnity provisions exclude the liability of the Operator for loss of or damage to Network and Associated Facilities except to the extent that the same was caused or contributed (to the extent of such contribution) by any act or omission of the Operator) with a reputable and solvent insurer for an amount of $200,000,000.00 in respect of each policy containing provisions which are standard industry terms for railway operators (it being acknowledged that the Operator is not exempted from any liability in excess of the sum insured nor from any liability to which such insurance does not apply); and
