Common use of Period of Insurance Clause in Contracts

Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of the completion of the Subcontractor’s Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s Activities. The Subcontractor 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 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor 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 Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), 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 Subcontractor and claims which may arise from circumstances reported by the Subcontractor 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.

Appears in 3 contracts

Samples: Major Works Subcontract, Major Works Subcontract, Major Works Subcontract

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Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 4.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 4.3 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.14.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of the completion of the Subcontractor’s 's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s 's Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s 's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and completion of the Subcontractor’s 's Activities. The Clause 4.7 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 Subcontractor mustmust ensure that, to the extent permitted by law, the insurance policy provides that: the insurer agrees to treat each insured as soon a separate insured as possible inform though a separate contract of insurance had been entered into with each insured, without increasing the Contractor's Representative 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 writing 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 fact, matter Australian jurisdiction; or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor and the Contractor in writing proportionate liability legislation of any fact, matter or occurrence that may give rise to a claim under an insurance policy required Australian jurisdiction is lawfully excluded by the Subcontract or any claim actually made against the Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), 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 Subcontractor and claims which may arise from circumstances reported by the Subcontractor 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.

Appears in 3 contracts

Samples: Medium Works Subcontract, Medium Works Subcontract, Medium Works Subcontract

Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor Contractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: if Delivery Phase Approval is achieved: written on an occurrence basis, until the latest of the completion of the Subcontractor’s Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii): written on an occurrence basis, until the completion of the Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Contract Particulars following the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; in the case of Workers Compensation Insurance: if Delivery Phase Approval is achieved, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii), until the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; in the case of Professional Indemnity Insurance or Errors and Omissions Insurance: if Delivery Phase Approval is achieved, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii), until the expiration of the run-off period specified in the Contract Particulars following the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; and in the case of Marine Transit Insurance, at all times during the transportation to or from the Site of goods, items or equipment that will be used for, as a component in or in connection with the Contractor's Activities or the Works. The Subcontractor Contractor 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 5.5 5.4 or any claim actually made against the Subcontractor Contractor or the Contractor Commonwealth which may be covered by an insurance policy required under by clause 5.55.4; 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 SubcontractorContractor; and ensure that its subsubcontractors subcontractors similarly inform the Subcontractor Contractor and the Contractor Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract Contract or any claim actually made against the SubcontractorContractor, a subsubcontractor the subcontractor or the Contractor Commonwealth which may be covered by an insurance policy required by the SubcontractContract, provided that, in respect of Professional Indemnity Insurance, the SubcontractorContractor: subject to paragraph (e), 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 Subcontractor Contractor and claims which may arise from circumstances reported by the Subcontractor Contractor 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.

Appears in 1 contract

Samples: Early Contractor Involvement Head Contract

Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of the Construction Risks Insurance, until the Subcontractor Contractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of: the end of the last Remediation Defects Rectification Period; the date upon which all Remediation Defects have been rectified in accordance with the Contract; and the completion of the Subcontractor’s Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of theof: the end of the last Remediation Defects Liability Rectification Period; the date upon which all Remediation Defects have been rectified in accordance with the SubcontractContract; and the completion of the Subcontractor’s Contractor's Activities; in the case of Workers Compensation Insurance, until the latest of theof: the end of the last Remediation Defects Liability Rectification Period; the date upon which all Remediation Defects have been rectified in accordance with the SubcontractContract; and the completion of the Subcontractor’s Contractor's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of theof: the end of the last Remediation Defects Liability Rectification Period; the date upon which all Remediation Defects have been rectified in accordance with the SubcontractContract; and the completion of the Subcontractor’s Activities. The Subcontractor 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 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor 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 Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), 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 Subcontractor and claims which may arise from circumstances reported by the Subcontractor 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 SubcontractActivities.

Appears in 1 contract

Samples: Panel Agreement

Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor Contractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of the completion of the Subcontractor’s Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; and in the case of Marine Transit Insurance, at all times during the transportation to or from the Site of goods, items or equipment that will be used for, as a component in or in connection with the Contractor's Activities or the Works. The Subcontractor Contractor 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 5.5 5.4 or any claim actually made against the Subcontractor Contractor or the Contractor Commonwealth which may be covered by an insurance policy required under by clause 5.55.4; 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 SubcontractorContractor; and ensure that its subsubcontractors subcontractors similarly inform the Subcontractor Contractor and the Contractor Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract Contract or any claim actually made against the SubcontractorContractor, a subsubcontractor the subcontractor or the Contractor Commonwealth which may be covered by an insurance policy required by the SubcontractContract, provided that, in respect of Professional Indemnity Insurance, the SubcontractorContractor: subject to paragraph (e), 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 Subcontractor Contractor and claims which may arise from circumstances reported by the Subcontractor Contractor 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.

Appears in 1 contract

Samples: Head Contract

Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 4.3 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.14.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s 's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s 's Activities; in the case of Workers Compensation Insurance, until the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects defects and omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s 's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects defects or omissions in the Subcontract Works have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s 's Activities. Clause 4.7 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 Subcontractor 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. The Subcontractor must: as soon as possible inform design the parts of the Subcontract Works which the Design Documents expressly or impliedly require it to design; ensure that its design complies with the Subcontract and the Preliminary Design Solution; and provide the design it prepares to the Contractor's Representative in writing for permission to use the design. For the purposes of any factparagraph (a)(iii), matter or occurrence that may give rise to a claim under an insurance policy required under clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractormust provide its design in: hard copy; and ensure that its subsubcontractors similarly inform electronic copy, in accordance with the Subcontractor and the Contractor requirements specified 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 Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), 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 Subcontractor and claims which may arise from circumstances reported by the Subcontractor 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 SubcontractParticulars.

Appears in 1 contract

Samples: Medium Works Subcontract

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Period of Insurance. The insurance which the Contractor Subconsultant is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 5.1 and the insurance which the Subcontractor Consultant is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 5.2 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of the completion of the Subcontractor’s ActivitiesSubcontract Services; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified Period (as defined in accordance with the SubcontractConstruction Contract); and completion of the Subcontractor’s ActivitiesSubcontract Services; in the case of Workers Compensation Insurance, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified Period (as defined in accordance with the SubcontractConstruction Contract); and completion of the Subcontractor’s ActivitiesSubcontract Services; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified Period (as defined in accordance with the SubcontractConstruction Contract); and completion of the Subcontractor’s ActivitiesSubcontract Services. The Subcontractor 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 5.5 5.1 or any claim actually made against the Subcontractor Subconsultant or the Contractor Consultant which may be covered by an insurance policy required under by clause 5.55.1; keep the Contractor Consultant informed of all significant developments concerning the claim, except in circumstances where the Contractor Consultant is making a claim against the Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor 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 Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the SubcontractSubconsultant, provided that, in respect of Professional Indemnity Insurance, the SubcontractorSubconsultant: subject to paragraph (ed), 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 Subcontractor Subconsultant and claims which may arise from circumstances reported by the Subcontractor 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. 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 Subconsultant 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.

Appears in 1 contract

Samples: Design Services Subcontract

Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of Construction Risks Insurance, until the Subcontractor Contractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: if Delivery Phase Approval is achieved: written on an occurrence basis, until the latest of the completion of the Subcontractor’s Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii): written on an occurrence basis, until the completion of the Contractor's Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Contract Particulars following the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; in the case of Workers Compensation Insurance: if Delivery Phase Approval is achieved, until the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii), until the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance: if Delivery Phase Approval is achieved, until the expiration of the run-off period specified in the Subcontract Contract Particulars following the latest of the: end of the last Defects Liability Period; date upon which all Defects have been rectified in accordance with the SubcontractContract; and completion of the Subcontractor’s Contractor's Activities; or if the Commonwealth issues a notice under clause 2.10(a)(ii), until the expiration of the run-off period specified in the Contract Particulars following the latest of the: last day of the Planning Phase; and completion of the Contractor's Activities. The Subcontractor Contractor 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 5.5 5.4 or any claim actually made against the Subcontractor Contractor or the Contractor Commonwealth which may be covered by an insurance policy required under by clause 5.55.4; 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 SubcontractorContractor; and ensure that its subsubcontractors subcontractors similarly inform the Subcontractor Contractor and the Contractor Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy required by the Subcontract Contract or any claim actually made against the SubcontractorContractor, a subsubcontractor the subcontractor or the Contractor Commonwealth which may be covered by an insurance policy required by the SubcontractContract, provided that, in respect of Professional Indemnity Insurance, the SubcontractorContractor: subject to paragraph (e), 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 Subcontractor Contractor and claims which may arise from circumstances reported by the Subcontractor Contractor 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.

Appears in 1 contract

Samples: Early Contractor Involvement Head Contract

Period of Insurance. The insurance which the Contractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.4 and the insurance which the Subcontractor is required to cause to be effected and maintained or otherwise have the benefit of under clause 5.5 must be maintained: in the case of the Construction Risks Insurance, until the Subcontractor ceases to bear the risk of loss of or damage to anything under clause 5.1; in the case of Public Liability Insurance: written on an occurrence basis, until the latest of: the end of the last Defects Liability Period; the date upon which all Defects have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s Activities; or written on a claims made basis, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s Activities; in the case of Workers Compensation Insurance, until the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s Activities; and in the case of Professional Indemnity Insurance or Errors and Omissions Insurance, until the expiration of the run-off period specified in the Subcontract Particulars following the latest of theof: the end of the last Defects Liability Period; the date upon which all Defects have been rectified in accordance with the Subcontract; and the completion of the Subcontractor’s Activities. The Subcontractor 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 5.5 by the Subcontract or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy required under clause 5.5by 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 Subcontractor; and ensure that its subsubcontractors similarly inform the Subcontractor 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 Subcontractor, a subsubcontractor or the Contractor which may be covered by an insurance policy required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), 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 Subcontractor and claims which may arise from circumstances reported by the Subcontractor 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.

Appears in 1 contract

Samples: Major Works Subcontract

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