Unavailable Insurance. If any insurance (including the limits or deductibles thereof) hereby required to be maintained, other than insurance required by Applicable Law to be maintained, shall not be reasonably available in the commercial insurance market, Owner and Contractor shall not unreasonably withhold their agreement to waive such requirement to the extent that maintenance thereof is not so available; provided, however, that the Party shall first request any such waiver in writing from the other Party, which request shall be accompanied by written reports prepared by two (2) independent advisers, including insurance brokers, of recognized international standing certifying that such insurance is not reasonably available in the commercial insurance market (and, in any case where the required amount is not so available, explaining in detail the basis for such conclusions), such insurance advisers and the form and substance of such reports to be reasonably acceptable to the other Party. Any such waiver shall be effective only so long as such insurance shall not be available and commercially feasible in the commercial insurance market.
Unavailable Insurance. Notwithstanding any other provision of this Section 5.07, in the event any insurance (including the limits or deductibles thereof) hereby required to be maintained shall not be available on commercially reasonable terms in the commercial insurance market for natural gas pipelines of a similar size, type, location, and capacity as the Pipeline, the Administrative Agent shall not unreasonably withhold its agreement to waive such requirement to the extent the maintenance thereof is not so available; provided, however, that (i) the Borrower shall first request any such waiver in writing from the Administrative Agent, which request shall be accompanied by a written report prepared by an independent insurance broker satisfactory to the Administrative Agent stating that such insurance is not available in the commercial insurance market for natural gas pipelines of similar size type, location, and capacity as the Pipeline (and, in any case where the required amount is not so available, providing information as to the maximum amount that is so available) and explaining in reasonable detail the basis for such conclusions, (ii) at any time after the granting of any such waiver, but not more often than once per year, the Administrative Agent may request, and the Borrower shall furnish to the Administrative Agent within fifteen (15) Business Days after such request, supplemental reports reasonably acceptable to the Administrative Agent from such insurance broker updating its prior reports and reaffirming such conclusion, and (iii) any such waiver shall be effective only so long as such insurance shall not be available on commercially reasonable terms in the commercial insurance market for natural gas pipelines of a similar size, type, location, and capacity as the Pipeline, it being understood that the failure of the Borrower to timely furnish any such supplemental report, after the request of the Administrative Agent, shall be conclusive evidence that such waiver is no longer effective because such condition no longer exists, but that such failure to timely furnish any such supplemental report is not the only way to establish that the waiver is no longer effective. The failure at any time to satisfy the condition to any waiver of an insurance requirement set forth in the proviso to the preceding sentence shall not impair or be construed as a relinquishment of the Borrower's ability to obtain a waiver of an insurance requirement pursuant to the preceding sentence at an...
Unavailable Insurance. If insurance policies which satisfy the requirements of this Section 6 are not available in China despite good faith and diligent efforts by the party required to provide such insurance, then the obligation to obtain such insurance shall not apply, but the parties will mutually agree on alternative arrangements.
