Common use of Preservation of insurance rights Clause in Contracts

Preservation of insurance rights. The provisions of this clause 14 operate to release a party to this Agreement from liability to another party to this Agreement to the extent only that either: (a) the liability is not recoverable from an insurer of any policy of insurance forming part of the insurance regime agreed by the ALT or contemplated under this Agreement; or (b) while recoverable under such insurance policy, is not in fact recovered due to the insolvency of the insurer.

Preservation of insurance rights. The provisions of this clause 14 operate to release a party to this Agreement from liability to another party to this Agreement to the extent only that either: (a) the liability is not recoverable from an insurer of any policy of insurance forming part of the insurance regime agreed by the ALT or contemplated under this AgreementAgreement (for the avoidance of doubt, this clause excludes Xxxxx Consulting's annual professional indemnity insurance policies and any professional indemnity policy obtained by the RTA which does not include Xxxxx Consulting as an insured with a waiver of rights of subrogation in respect of co-insureds); or (b) while recoverable under such insurance policy, is not in fact recovered due to the insolvency of the insurer.