Common use of Other Risks Clause in Contracts

Other Risks. Except to the extent that it arises from a Principal Risk, the Contractor will indemnify the Principal against: any loss of or damage to property of the Principal (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by, or arising out of, or in connection with, the Contractor's Activities or the Works provided that the Contractor's responsibility to indemnify the Principal will be reduced to the extent that an act or omission of the Principal, the Contract Administrator or an Other Contractor may have contributed to the loss, damage, injury or death. The Contractor must: from the Award Date effect and maintain the insurances described in the Contract Particulars, each of which is to be: for the amounts specified in the Contract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better or with such other insurer approved by the Contract Administrator; and on terms which are satisfactory to the Contract Administrator (confirmation of which must not be unreasonably withheld or delayed); in relation to the workers compensation insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Principal in respect of any statutory and common law liability to the Contractor's employees; and each of its subcontractors legally required to do so, has workers compensation insurance covering the subcontractor in respect of its statutory and common law liability to employees, in the same manner as the Contractor is required to do so under paragraph (a); provide the Contract Administrator with evidence satisfactory to the Contract Administrator that each policy is current as required by the Contract Administrator from time to time; and ensure that any subcontractors that perform any design work forming part of the Contractor's Activities also maintain professional indemnity insurance in the same manner and on the same terms as those required to be obtained by the Contractor under paragraph (a), for not less than the amount referred to in the Contract Particulars. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor under the Contract or otherwise at law or in equity. If the Contractor fails to provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance in accordance with clause 4.3, the Principal may, without prejudice to any other rights it may have, take out the relevant insurance and the cost will be a debt due from the Contractor to the Principal. The insurance which the Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's Activities.

Other Risks. Except to the extent that it arises from a Principal Contractor Risk, the Contractor Subcontractor will bear the risk of and indemnify the Principal Contractor against: any loss of or damage to property of the Principal Contractor (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by, by or arising out of, of or in connection with, with the ContractorSubcontractor's Activities or the Subcontract Works provided that the ContractorSubcontractor's responsibility to indemnify the Principal Contractor will be reduced to the extent that an act or omission of the PrincipalCommonwealth, the MCC Contract Administrator Administrator, the Contractor, the Contractor's Representative or an Other Contractor may have contributed to the loss, damage, injury or death. The Contractor Subcontractor must: from the Award Date effect cause to be effected and maintain maintained or otherwise have the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances described on such terms as are specified in the Contract Subcontract Particulars, each of which is to must be: for the amounts specified in the Contract Subcontract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better or with such other insurer approved by the Contract Administratorbetter; and on terms which are satisfactory to the Contract Administrator Contractor's Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the workers compensation insurance, Workers Compensation Insurance and Employers’ Liability Insurance ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Principal Commonwealth and the Contractor in respect of any statutory liability and common law liability to the ContractorSubcontractor's employees; and each of its subcontractors subsubcontractors which is legally required to do so, has workers compensation insurance Workers Compensation Insurance and Employers’ Liability Insurance covering the subcontractor subsubcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Contractor Subcontractor is required to do so under paragraph subparagraph (ai); in relation to Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; and is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; promptly provide the Contract Administrator Contractor's Representative with evidence satisfactory to the Contract Administrator that Contractor's Representative that: it has complied with clause 4.3; and each policy insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contract Administrator Contractor's Representative from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subcontractors subsubcontractors that perform any design work forming part of the ContractorSubcontractor's Activities also maintain professional indemnity insurance Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3, for the amounts specified in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor under will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (ad), for not less such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the amount referred to in the Contract Particularsrelevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor Subcontractor under the Contract Subcontract or otherwise at law or in equity. If the Contractor fails to provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance in accordance with clause 4.3, the Principal may, without prejudice to any other rights it may have, take out the relevant insurance and the cost will be a debt due from the Contractor to the Principal. The insurance which the Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's Activities.

Other Risks. Except to the extent that it arises from a Principal Commonwealth Risk, the Contractor will bear the risk of and indemnify the Principal Commonwealth against: any loss of or damage to property of the Principal Commonwealth (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by, by or arising out of, of or in connection with, with the Contractor's Activities or the Works provided that the Contractor's responsibility to indemnify the Principal Commonwealth will be reduced to the extent that an act or omission of the PrincipalCommonwealth, the Contract Administrator PDS Contractor or an Other Contractor may have contributed to the loss, damage, injury or death. The Contractor must: from the Award Date effect cause to be effected and maintain maintained or otherwise have the benefit of the insurances described specified in the Contract Particulars, each of which is to must be: for the amounts specified in the Contract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better or with such other insurer approved by the Contract Administratorbetter; and on terms which are satisfactory to the Contract Administrator PDS Contractor (confirmation of which must not be unreasonably withheld or delayed); in relation to the workers compensation insuranceWorkers Compensation Insurance and Employers’ Liability Insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Principal Commonwealth in respect of any statutory and common law liability to the Contractor's employees; and each of its subcontractors which is legally required to do so, has workers compensation insurance Workers Compensation Insurance and Employers’ Liability Insurance covering the subcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Contractor is required to do so under paragraph (a); in relation to the Public Liability Insurance, ensure the insurance is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Contract Particulars; in relation to Professional Indemnity Insurance (if any), ensure the insurance: has a retroactive date of no later than the commencement of the Contractor's Activities; and is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Contract Particulars; promptly provide the Contract Administrator PDS Contractor with evidence satisfactory to the Contract Administrator that PDS Contractor that: it has complied with clause 4.3; and each policy insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contract Administrator PDS Contractor from time to time; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Contract without the prior written consent of the PDS Contractor; immediately notifies the PDS Contractor (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; and ensure that any subcontractors that perform any design work forming part of the Contractor's Activities also maintain professional indemnity insurance Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Contractor under paragraph (a)clause 4.3, for not less than the amount referred to amounts specified in the Contract Particulars. For the purpose of paragraph (e), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor under the Contract or otherwise at law or in equity. If the Contractor fails to comply with clause 4.3 (including any failure to cause to be effected and maintained or otherwise have the benefit of the insurance required by clause 4.3 or provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance PDS Contractor in accordance with clause 4.34.3(e)), the Principal may, Commonwealth may (in its absolute discretion and without prejudice to any other rights it may have, ) take out the relevant insurance and the cost will be a debt due from the Contractor to the PrincipalCommonwealth. The Contractor must take all necessary steps to assist the Commonwealth in exercising its discretion under paragraph (a). For the purpose of this paragraph (b), "all necessary steps" includes providing all insurance which information and documents (including proposals), answering questions, co-operating with and doing everything necessary to assist the PDS Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end anyone else acting on behalf of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's ActivitiesCommonwealth.

Other Risks. Except to the extent that it arises from a Principal Contractor Risk, the Contractor Subcontractor will bear the risk of and indemnify the Principal Contractor against: any loss of or damage to property of the Principal Contractor (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by, or arising out of, of or in connection with, with the ContractorSubcontractor's Activities or the Subcontract Works provided that the ContractorSubcontractor's responsibility to indemnify the Principal Contractor will be reduced to the extent that an act or omission of the PrincipalCommonwealth, the MCC Contract Administrator Administrator, the Contractor, the Contractor's Representative or an Other Contractor may have contributed to the loss, damage, injury or death. The Contractor Subcontractor must: from the Award Date effect cause to be effected and maintain maintained or otherwise have the benefit of the insurances described specified in the Contract Subcontract Particulars, each of which is to must be: for the amounts specified in the Contract Subcontract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better or with such other insurer approved by the Contract Administratorbetter; and on terms which are satisfactory to the Contract Administrator Contractor's Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the workers compensation insurance, Workers Compensation Insurance and Employers’ Liability Insurance ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Principal Commonwealth and the Contractor in respect of any statutory and common law liability to the ContractorSubcontractor's employees; and each of its subcontractors subsubcontractors which is legally required to do so, has workers compensation insurance Workers Compensation Insurance and Employers’ Liability Insurance covering the subcontractor subsubcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Contractor Subcontractor is required to do so under paragraph (a); in relation to the Public Liability Insurance, ensure the insurance is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Subcontract Particulars; in relation to Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; and is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Subcontract Particulars; promptly provide the Contract Administrator Contractor's Representative with evidence satisfactory to the Contract Administrator that Contractor's Representative that: it has complied with clause 4.3; and each policy insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contract Administrator Contractor's Representative from time to time; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; and ensure that any subcontractors subsubcontractors that perform any design work forming part of the ContractorSubcontractor's Activities also maintain professional indemnity insurance Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Contractor Subcontractor under clause 4.3, for the amounts specified in the Subcontract Particulars. For the purpose of paragraph (ae), for not less such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the amount referred to in the Contract Particularsrelevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor Subcontractor under the Contract Subcontract or otherwise at law or in equity. If the Contractor fails to provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance in accordance with clause 4.3, the Principal may, without prejudice to any other rights it may have, take out the relevant insurance and the cost will be a debt due from the Contractor to the Principal. The insurance which the Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's Activities.

Other Risks. Except to the extent that it arises from a Principal Contractor Risk, the Contractor Subcontractor will indemnify the Principal Contractor against: any loss of or damage to property of the Principal Contractor (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by, or arising out of, or in any way in connection with, the ContractorSubcontractor's Activities or the Works provided that the ContractorSubcontractor's responsibility to indemnify the Principal Contractor will be reduced to the extent that an act or omission of the PrincipalCommonwealth, the MCC Contract Administrator Administrator, the Contractor, the Contractor's Representative, or an Other Contractor may have contributed to the loss, damage, injury or death. The Contractor Subcontractor must: from the Award Date effect and maintain the insurances described in the Contract Subcontract Particulars, each of which is to be: for the amounts specified respective amount referred to in the Contract Subcontract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better or with such other insurer approved by the Contract Administratorbetter; and on terms which are satisfactory to the Contract Administrator Contractor's Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the workers compensation insurance, ensure that: to the extent permitted by law, the insurance policy extends to provide indemnity to the Principal Commonwealth in respect of any statutory and common law liability to the ContractorSubcontractor's employees; and each of its subcontractors legally required to do so, has workers compensation insurance covering the subcontractor subsubcontractor in respect of its statutory and common law liability to employees, in the same manner as the Contractor Subcontractor is required to do so under paragraph (a); provide the Contract Administrator Contractor's Representative with evidence satisfactory to the Contract Administrator Contractor's Representative that each policy is current as required by the Contract Administrator Contractor's Representative from time to time; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced and if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; and ensure that any subcontractors subsubcontractors that perform any design work forming part of the ContractorSubcontractor's Activities also maintain professional indemnity insurance in the same manner and on the same terms as those required to be obtained by the Contractor Subcontractor under paragraph (a), for not less than the amount referred to in the Contract Subcontract Particulars. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor Subcontractor under any other provisions of the Contract Subcontract or otherwise at law or in equity. If the Contractor fails to provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance in accordance with clause 4.3, the Principal may, without prejudice to any other rights it may have, take out the relevant insurance and the cost will be a debt due from the Contractor to the Principal. The insurance which the Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's Activities.

Other Risks. Except to the extent that it arises from a Principal Commonwealth Risk, the Contractor will bear the risk of and indemnify the Principal Commonwealth against: any loss of or damage to property of the Principal Commonwealth (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by, by or arising out of, of or in connection with, with the Contractor's Activities or the Works provided that the Contractor's responsibility to indemnify the Principal Commonwealth will be reduced to the extent that an act or omission of the PrincipalCommonwealth, the Contract Administrator PDS Contractor or an Other Contractor may have contributed to the loss, damage, injury or death. The Contractor must: from the Award Date effect cause to be effected and maintain maintained or otherwise have the benefit of the insurances described specified in the Contract Particulars, each of which is to must be: for the amounts specified in the Contract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better or with such other insurer approved by the Contract Administratorbetter; and on terms which are satisfactory to the Contract Administrator PDS Contractor (confirmation of which must not be unreasonably withheld or delayed); in relation to the workers compensation insuranceWorkers Compensation Insurance and Employers’ Liability Insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Principal Commonwealth in respect of any statutory and common law liability to the Contractor's employees; and each of its subcontractors which is legally required to do so, has workers compensation insurance Workers Compensation Insurance and Employers’ Liability Insurance covering the subcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Contractor is required to do so under paragraph (a); in relation to the Public Liability Insurance, ensure the insurance is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Contract Particulars; in relation to Professional Indemnity Insurance (if any), ensure the insurance: has a retroactive date of no later than the commencement of the Contractor's Activities; and is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Contract Particulars; promptly provide the Contract Administrator PDS Contractor with evidence satisfactory to the Contract Administrator that PDS Contractor that: it has complied with clause 4.3; and each policy insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contract Administrator PDS Contractor from time to time; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Contract without the prior written consent of the PDS Contractor; immediately notifies the PDS Contractor (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; and ensure that any subcontractors that perform any design work forming part of the Contractor's Activities also maintain professional indemnity insurance Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Contractor under paragraph (a)clause 4.3, for not less than the amount referred to amounts specified in the Contract Particulars. For the purpose of paragraph (e), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor under the Contract or otherwise at law or in equity. If the Contractor fails to comply with clause 4.3 (including any failure to cause to be effected and maintained or otherwise have the benefit of the insurance required by clause 4.3 or provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance PDS Contractor in accordance with clause 4.34.3(e)), the Principal may, Commonwealth may (in its absolute discretion and without prejudice to any other rights it may have, ) take out the relevant insurance and the cost will be a debt due from the Contractor to the PrincipalCommonwealth. The Contractor must take all necessary steps to assist the Commonwealth in exercising its discretion under paragraph (a). For the purpose of paragraph (a), "all necessary steps" includes providing all insurance which information and documents (including proposals), answering questions, co-operating with and doing everything necessary to assist the PDS Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end anyone else acting on behalf of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's ActivitiesCommonwealth.

Other Risks. Except to the extent that it arises from a Principal Risk, the Contractor will indemnify the Principal against: any loss of or damage to property of the Principal (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by, or arising out of, or in connection with, the Contractor's Activities or the Works provided that the Contractor's responsibility to indemnify the Principal will be reduced to the extent that an act or omission of the Principal, the Contract Administrator or an Other Contractor may have contributed to the loss, damage, injury or death. The Contractor must: from the Award Date effect and maintain the insurances described in the Contract Particulars, each of which is to be: for the amounts specified in the Contract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better or with such other insurer approved by the Contract Administrator; and on terms which are satisfactory to the Contract Administrator (confirmation of which must not be unreasonably withheld or delayed); in relation to the workers compensation insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Principal in respect of any statutory and common law liability to the Contractor's employees; and each of its subcontractors legally required to do so, has workers compensation insurance covering the subcontractor in respect of its statutory and common law liability to employees, in the same manner as the Contractor is required to do so under paragraph (ai); provide the Contract Administrator with evidence satisfactory to the Contract Administrator that each policy is current as required by the Contract Administrator from time to time; and ensure that any subcontractors that perform any design work forming part of the Contractor's Activities also maintain professional indemnity insurance in the same manner and on the same terms as those required to be obtained by the Contractor under paragraph (ai), for not less than the amount referred to in the Contract Particulars. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor under the Contract or otherwise at law or in equity. If the Contractor fails to provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance in accordance with clause 4.3, the Principal may, without prejudice to any other rights it may have, take out the relevant insurance and the cost will be a debt due from the Contractor to the Principal. The insurance which the Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's Activities. This paragraph (d) does not apply to professional indemnity insurance or workers compensation insurance. Where the Contract requires insurance to provide cover to more than one insured, the Contractor must ensure that the insurance policy provides that: the insurance (with the exception of limits of liability) will operate in the same manner as if there were a separate policy of insurance covering each 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 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.

Other Risks. Except to the extent that it arises from a Principal Contractor Risk, the Contractor Subcontractor will bear the risk of and indemnify the Principal Contractor against: any loss of or damage to property of the Principal Contractor (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by, by or arising out of, of or in connection with, with the ContractorSubcontractor's Activities or the Subcontract Works provided that the ContractorSubcontractor's responsibility to indemnify the Principal Contractor will be reduced to the extent that an act or omission of the PrincipalCommonwealth, the MCC Contract Administrator Administrator, the Contractor, the Contractor's Representative or an Other Contractor may have contributed to the loss, damage, injury or death. The Contractor Subcontractor must: from the Award Date effect cause to be effected and maintain maintained or otherwise have the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances described on such terms as are specified in the Contract Subcontract Particulars, each of which is to must be: for the amounts specified in the Contract Subcontract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better or with such other insurer approved by the Contract Administratorbetter; and on terms which are satisfactory to the Contract Administrator Contractor's Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the workers compensation insurance, Workers Compensation Insurance and Employers’ Liability Insurance ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Principal Commonwealth and the Contractor in respect of any statutory liability and common law liability to the ContractorSubcontractor's employees; and each of its subcontractors subsubcontractors which is legally required to do so, has workers compensation insurance Workers Compensation Insurance and Employers’ Liability Insurance covering the subcontractor subsubcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Contractor Subcontractor is required to do so under paragraph subparagraph (ai); in relation to Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; and is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; promptly provide the Contract Administrator Contractor's Representative with evidence satisfactory to the Contract Administrator that Contractor's Representative that: it has complied with clause 4.3; and each policy insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contract Administrator Contractor's Representative from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subcontractors subsubcontractors that perform any design work forming part of the ContractorSubcontractor's Activities also maintain professional indemnity insurance Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3, for the amounts specified in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor under will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (ad), for not less such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the amount referred to in the Contract Particularsrelevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor Subcontractor under the Contract Subcontract or otherwise at law or in equity. If The Contractor must: from the Contractor fails Award Date cause to be effected and maintained or otherwise have the benefit of Construction Risks Insurance, Public Liability Insurance and the other insurance (if any) specified in the Subcontract Particulars for the amounts specified in the Subcontract Particulars; and promptly provide the Subcontractor with evidence satisfactory to the Contract Administrator Subcontractor that a policy the insurances required under subparagraph (i) are current, as required by the Subcontractor from time to time. The insurances referred to in paragraph (a) are subject to the exclusions, conditions and excesses noted on the policies and the Subcontractor must: satisfy itself of the nature and extent of the Contractor's insurance; if required by the Subcontractor, take out insurance to: insure any risks not insured by the Contractor's insurance; or cover any such exclusions, conditions or excesses in that insurance, which the Subcontractor wants to insure against or cover; and where it bears the risk of the relevant loss or damage under clause 4.1 or is current or required to indemnify the Contractor under clause 4.2, bear the cost of any excesses in the Contractor's insurance. If the Subcontractor fails to obtain insurance in accordance comply with clause 4.3, the Principal may, Contractor may (in its absolute discretion and without prejudice to any other rights it may have, ) take out the relevant insurance and the cost of such insurances will be a debt due from the Contractor Subcontractor to the PrincipalContractor. The insurance which Subcontractor must take all necessary steps to assist the Contractor is required in exercising its discretion under paragraph (a). For the purpose of this paragraph (b), "all necessary steps" includes providing all insurance information and documents (including proposals), answering questions, co-operating with and doing everything necessary to obtain under this clause 4 must be maintained: in assist the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of Contractor’s Representative or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion anyone else acting on behalf of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's Activities.

Other Risks. Except to the extent that it arises from a Principal Commonwealth Risk, the Contractor will bear the risk of and indemnify the Principal Commonwealth against: any loss of or damage to property of the Principal Commonwealth (other than property referred to in clause 4.1(a(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by, by or arising out of, of or in connection with, with the Contractor's Activities or the Works provided that the Contractor's responsibility to indemnify the Principal Commonwealth will be reduced to the extent that an act or omission of the PrincipalCommonwealth, the Contract Administrator PDS Contractor or an Other Contractor may have contributed to the loss, damage, injury or death. The Contractor must: from the Award Date effect cause to be effected and maintain maintained or otherwise have the benefit of the insurances described specified in the Contract Particulars, each of which is to must be: for the amounts specified in the Contract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better or with such other insurer approved by the Contract Administratorbetter; and on terms which are satisfactory to the Contract Administrator PDS Contractor (confirmation of which must not be unreasonably withheld or delayed); in relation to the workers compensation insuranceWorkers Compensation Insurance and Employers’ Liability Insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Principal Commonwealth in respect of any statutory and common law liability to the Contractor's employees; and each of its subcontractors which is legally required to do so, has workers compensation insurance Workers Compensation Insurance and Employers’ Liability Insurance covering the subcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Contractor is required to do so under paragraph (a); in relation to the Public Liability Insurance, ensure the insurance is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Contract Particulars; in relation to Professional Indemnity Insurance (if any), ensure the insurance: has a retroactive date of no later than the commencement of the Contractor's Activities; and is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Contract Particulars; promptly provide the Contract Administrator PDS Contractor with evidence satisfactory to the Contract Administrator that PDS Contractor that: it has complied with clause 4.3; and each policy insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contract Administrator PDS Contractor from time to time; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Contract without the prior written consent of the PDS Contractor; immediately notifies the PDS Contractor (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; and ensure that any subcontractors that perform any design work forming part of the Contractor's Activities also maintain professional indemnity insurance Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Contractor under paragraph (a)clause 4.3, for not less than the amount referred to amounts specified in the Contract Particulars. For the purpose of paragraph (e), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Contractor under the Contract or otherwise at law or in equity. If the Contractor fails to comply with clause 4.3 (including any failure to cause to be effected and maintained or otherwise have the benefit of the insurance required by clause 4.3 or provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance PDS Contractor in accordance with clause 4.3(e)), the Principal may, Commonwealth may (in its absolute discretion and without prejudice to any other rights it may have, ) take out the relevant insurance and the cost will be a debt due from the Contractor to the PrincipalCommonwealth. The Contractor must take all necessary steps to assist the Commonwealth in exercising its discretion under paragraph (a). For the purpose of this paragraph (b), "all necessary steps" includes providing all insurance which information and documents (including proposals), answering questions, co-operating with and doing everything necessary to assist the PDS Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end anyone else acting on behalf of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's ActivitiesCommonwealth.