Relief Event Claim Process. This Section 15.1 applies to all Relief Events, except Relief Events that are an IFA Change. The process for IFA Changes shall be through a Change Order or Directive Letter pursuant to Sections 16.1 and 16.3, respectively. If (i) a Relief Event occurs that is covered by any insurance policy required to be in place pursuant to Exhibit 18, (ii) Developer is responsible for obtaining and maintaining in effect such insurance policy pursuant to Exhibit 18 and (iii) such Insurance Policy is not in full force and effect (with premiums paid) at the time that such Relief Event occurs, then IFA shall owe, and shall be deemed to owe, no compensation to Developer with respect to such Relief Event (as would be claimed pursuant to this Article 15), and the applicable sections of this Article 15 shall not apply in respect of assessment of the value of any loss arising out of or relating to such Relief Event. If, however, (i) a Relief Event occurs that is covered by any insurance policy required to be in place pursuant to Exhibit 18, (ii) Developer is responsible for obtaining and maintaining in effect such insurance policy pursuant to Exhibit 18 and (iii) such Insurance Policy is in full force and effect (with premiums paid) at the time that such Relief Event occurs, then (a) the deductible and limits of the applicable insurance policy/ies under this Article 15 and Exhibit 18 shall apply, and Developer shall be responsible to pay or absorb the policy deductible(s) pursuant to the terms of this Agreement, and (b) if the proceeds of the insurance required under this Agreement (including Exhibit 18) provide Developer with less compensation for a loss arising out of or relating to such Relief Event than the amount of compensation which would have been paid under this Article 15, then after applicable deductibles under this Article 15 have been applied, if any, Developer may make a claim under this Article 15, but then only for the difference (i.e., the value of the loss net of the insurance amount paid to Developer and other applicable deductions under this Agreement). In no event shall IFA compensate, or be deemed to be obligated to compensate, Developer for amounts relating to a Relief Event that, when combined with insurance, would exceed the total amount of compensation that would be paid under any part of this Article 15. IFA acknowledges that Developer may enter into Contracts pursuant to which additional costs directly attributable to the occurrence of a Relief Even...
Relief Event Claim Process. This Section 15.1 applies to all Relief Events, except Relief Events that are an IFA Change. The process for IFA Changes shall be through a Change Order or Directive Letter pursuant to Sections 16.1 and 16.3, respectively.
Relief Event Claim Process