Right to Review Policies. Owner reserves the right to review the insurance required hereunder and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry, as well as the Contractor.
(a) The Owner shall be entitled, upon request, and without expense, to receive copies of the Contractor’s relevant insurance policies and all endorsements thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any of such policies. Actual losses not covered by insurance as required by this Article shall be paid by the Contractor.
(b) The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence Work or related operations on the Worksite or elsewhere prior to the date Contractor has fulfilled the insurance requirements of this Agreement. The date of commencement of the Work shall not be changed by the effective date when such insurance is furnished.
Right to Review Policies. Owner reserves the right at any time to review the policies of insurance required hereunder, and all endorsements thereto. Owner may request reasonable adjustments to the insurance coverages and the limits of coverage on such polices when deemed necessary and prudent by the Owner, including endorsements for the deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation to be binding upon either of the Parties to such policies. If Owner determines that any policy of insurance required hereunder is deficient, Design-Build Firm shall reimburse Owner, or cause Owner to be reimbursed, for all costs Owner incurs, including fees of outside counsel, to evaluate and resolve such deficiencies, and Owner may withhold from payment due hereunder all such costs. Actual losses not covered by insurance as required by this Section XI.D shall be paid by the Design-Build Firm. The reasonable additional premium cost of any insurance requested by Owner to be borne by Design-Build Firm that is in addition to the coverages stated in the Insurance Requirements (Exhibit 13) shall be reimbursed by Owner.
Right to Review Policies. 19.3.1. Customer reserves the right to review the insurance required hereunder in order to assess whether adjustments to the insurance coverages and their limits may need to be made in connection with the expansion of Services and/or the Project pursuant to a SOW. SSN will consider in good faith any additional coverages and limits reasonably requested by Customer in connection with such review.
19.3.2. Upon Customer’s request, SSN shall promptly provide Customer with a certificate of its insurance and/or Customer’s outside legal counsel with true copies of policies from the insurance agent or carrier of such insurance coverages solely for the purposes of enabling such legal counsel to confirm that such policies meet the applicable insurance requirements of this Agreement. As an inducement to allow such review, Customer agrees that it shall instruct and require that its outside legal counsel not, without SSN’s prior written consent, disclose or provide to Customer access to such insurance policies or the specific terms or conditions thereof, provided that Customer’s legal counsel may disclose such policies (i) if required by law, statute, regulation or court order, upon prior written notice to SSN (if legally permitted) or (ii) if necessary to enforce Customer’s rights under this Agreement. SSN may designate any insurance policies provided to Customer’s legal counsel hereunder as confidential in order to protect the same against disclosure under Chapter 552 of the Texas Government Code (Texas Public Information Act), and in such event Customer will take reasonable action to seek to preserve the confidentiality of the information about SSN’s insurance policies in the possession of Customer’s outside legal counsel, pursuant to the attorney client privilege and any applicable exception to disclosure under the Texas Public Information Act. If Customer’s legal counsel determines that SSN’s policies contain deficiencies that cause such policies not to comply with the requirements of this Agreement, such legal counsel may generally describe such deficiencies to Customer, and SSN agrees to, with respect to any material deficiency, reimburse Customer for all reasonable costs and fees of its outside legal counsel incurred in attempting to resolve such policy deficiencies by special endorsement thereof to achieve compliance with the insurance requirements in this Agreement.
Right to Review Policies. Owner reserves the right to review the insurance required hereunder and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner. The reasonable additional premium cost of additional insurance to be borne by Program Manager to make such adjustments shall be addressed by Task Order.
