the Work or the Solution including arising
out of or in connection with rail risks, both for a sum insured of not less than
$[**] for any one claim and in the aggregate (public
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liability) and for all claims in the aggregate, any one period of insurance
(product liability);
(III)
CURRENT MOTOR VEHICLE REGISTRATION INSURANCE IN RESPECT OF
ALL VEHICLES OF THE CONTRACTOR USED IN CONNECTION WITH THE WORK OR THE SOLUTION;
(IV)
PROFESSIONAL INDEMNITY INSURANCE FOR ITSELF AND ITS EMPLOYEES
AGAINST CIVIL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WORK OR THE
SOLUTION, FOR A SUM INSURED OF NOT LESS THAN $[**] MILLION FOR ANY ONE CLAIM AND
IN THE AGGREGATE;
(V)
EMPLOYER'S LIABILITY AND WORKERS' COMPENSATION INSURANCE
AGAINST ANY LIABILITY WHICH MAY ARISE AT COMMON LAW OR BY VIRTUE OF ANY RELEVANT
WORKERS' COMPENSATION OR EMPLOYERS' LIABILITY LEGISLATION, WHENEVER AND TO THE
EXTENT REQUIRED BY LAW;
(VI)
KEY PERSON INSURANCE PROVIDING COVER FOR LOSS RESULTING FROM
DEATH OR DISABILITY OF KEY PERSONNEL INVOLVED IN MANAGEMENT OF THE WORK OR THE
SOLUTION AND THE COSTS OF ACQUIRING A SUITABLE REPLACEMENT;
(VII)
FIDELITY GUARANTEE AND COMPUTER CRIME INSURANCE FOR A SUM
INSURED OF NOT LESS THAN $[**] MILLION FOR ANY ONE CLAIM TO ENABLE THE
CONTRACTOR TO FULFIL ITS OBLIGATIONS UNDER CLAUSE 33.3; AND
(VIII)
OTHER INSURANCES WHICH THE PRINCIPAL REASONABLY REQUIRES AS
AGREED IN WRITING PRIOR TO THE COMMENCEMENT DATE.
(B)
IN ADDITION TO THE INSURANCES REFERRED TO IN CLAUSE 36.1(A),
THE CONTRACTOR WILL EFFECT AND MAINTAIN ALL INSURANCES IN A MANNER AND TO SUCH
EXTENT WHICH IS REASONABLE AND CUSTOMARY FOR A PRUDENT BUSINESS ENTERPRISE
ENGAGED IN SIMILAR WORK OR PROVIDING SIMILAR SERVICES.
(C)
THE CONTRACTOR MUST MAINTAIN THE INSURANCES REFERRED TO IN
CLAUSES 36.1(A) AND 36.1(B) UNTIL:
(I)
IN THE CASE OF THE INSURANCE REQUIRED UNDER
CLAUSE 36.1(A)(I)C UNTIL THE EXPIRY OF THE INITIAL SERVICES TERM OR THE EARLIER
TERMINATION OF THE INITIAL SERVICES;
(II)
IN THE CASE OF THE REQUIRED PROFESSIONAL INDEMNITY
INSURANCE, 7 YEARS FROM THE EXPIRY OF THE TERM OR EARLIER TERMINATION OF THIS
AGREEMENT; AND
(III)
IN THE CASE OF THE OTHER INSURANCES, UNTIL THE EXPIRY OF
THE TERM OR EARLIER TERMINATION OF THIS AGREEMENT.
36.2
GENERAL REQUIREMENTS
(A)
ALL INSURANCE WHICH THE CONTRACTOR IS REQUIRED TO EFFECT
UNDER THIS AGREEMENT:
(I)
MUST BE EFFECTED WITH INSURERS WITH AN S & P OR MOODYS
OR A.M. BEST RATING OF NO LESS THAN A MINUS (OR THE EQUIVALENT) AND OTHERWISE BE
APPROVED BY THE PRINCIPAL; AND
(II)
MUST BE ON THE TERMS REQUIRED BY CLAUSE 36.3 AND OTHERWISE
AS APPROVED BY THE PRINCIPAL.
(B)
THE CONTRACTOR MUST:
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(I)
PUNCTUALLY PAY ALL PREMIUMS, COMMISSIONS, STAMP DUTIES,
CHARGES, TAXES AND OTHER EXPENSES NECESSARY FOR EFFECTING AND MAINTAINING IN
FORCE EACH SUCH INSURANCE POLICY REQUIRED BY THIS AGREEMENT;
(II)
PURSUE ANY INSURANCE CLAIM IN RELATION TO THE PROJECT
EXPEDITIOUSLY;
(III)
NOT DO ANYTHING OR PERMIT ANYTHING TO BE DONE WHICH MAY
PREJUDICE ANY INSURANCE POLICY REQUIRED BY THIS AGREEMENT OR OMIT