TO DO ANYTHING
WHERE SUCH OMISSION MAY PREJUDICE ANY SUCH INSURANCE POLICY;
(IV)
NOTIFY THE PRINCIPAL OF ANY FACT OR CIRCUMSTANCE OR CHANGE IN
CIRCUMSTANCES WHICH MAY PREJUDICE ANY SUCH INSURANCE POLICY;
(V)
PROVIDE ANY INFORMATION REQUESTED BY THE INSURER IN RELATION
TO ANY SUCH INSURANCE POLICY;
(VI)
NOTIFY THE RELEVANT INSURER OF ANY ENHANCEMENT IN THE VALUE
OF THE PROPERTY REQUIRED TO BE INSURED UNDER CLAUSE 36.1(A)(I)A WHICH INCREASE
THE VALUE OF THAT PROPERTY; AND
(VII)
COMPLY AT ALL TIMES WITH THE TERMS AND CONDITIONS OF EACH
SUCH INSURANCE POLICY INCLUDING, WITHOUT LIMITATION, THE PROVISIONS RELATING TO
DISCLOSURE, NOTIFICATION AND CLAIMS CO-OPERATION.
(C)
THE CONTRACTOR MAY ARRANGE SUCH OTHER INSURANCE AS IT MAY
REASONABLY REQUIRE.
(D)
IN THE CASE OF THE INSURANCES SPECIFIED IN CLAUSE
36.1(A)(IV), THE CONTRACTOR WILL USE ITS BEST ENDEAVOURS TO ENSURE THAT ANY
SUBCONTRACTORS AND CONSULTANTS WHOM IT MAY ENGAGE IN THEIR PROFESSIONAL CAPACITY
HAVE PROFESSIONAL INDEMNITY INSURANCE ON SIMILAR TERMS APPROPRIATE TO THE
RESPONSIBILITIES UNDERTAKEN.
(E)
IN THE CASE OF THE INSURANCES SPECIFIED IN CLAUSE
36.1(A)(V), THE CONTRACTOR WILL ENSURE THAT EACH OF ITS SUBCONTRACTORS AND
CONSULTANTS WHO ARE THEMSELVES EMPLOYERS WILL EFFECT SUCH INSURANCE AS REQUIRED
BY LAW.
36.3
CONTENTS OF POLICY
Insurances which the Contractor is required to effect under this agreement must
contain terms such that:
(A)
SUBJECT TO CLAUSE 36.3A, NO POLICY HAS A DEDUCTIBLE GREATER
THAN $[**];
(B)
IN THE CASE OF THE INSURANCES SPECIFIED IN CLAUSES
36.1(A)(I), 36.1(A)(II), 36.1(A)(VI) AND 36.1(A)(VIII), THE INSURANCES MUST
INSURE THE CONTRACTOR, THE PRINCIPAL, THE GOVERNMENT AND THE GOVERNMENTAL
AGENCIES TO THE EXTENT OF THEIR INSURABLE INTEREST ACCORDING TO THE PROJECT
DOCUMENTS, FOR THEIR RESPECTIVE RIGHTS, INTERESTS AND LIABILITIES, IN THE
TOTALITY OF THE SUBJECT MATTER OF THE INSURANCE;
(C)
IN THE CASE OF THE INSURANCES SPECIFIED IN CLAUSE
36.1(A)(I) AND TO THE EXTENT THAT THE INSURER AGREES TO DO SO:
(I)
PROCEEDS OF ANY PAYMENT IN RESPECT OF SUCH INSURANCE ARE TO
BE PAID TO THE PRINCIPAL OR TO SUCH ACCOUNT AS THE PRINCIPAL MAY REQUIRE; AND
(II)
THE PRINCIPAL WILL THEN MAKE THESE PROCEEDS AVAILABLE TO
THE CONTRACTOR IN ORDER THAT IT BE ABLE TO MEET ITS CONTRACTUAL OBLIGATIONS
UNDER CLAUSE 33.2(C),
140
provided that if the Contractor directly receives any proceeds from the
insurances specified in
clause 36.1(a)(i) it will pay all such proceeds to the Principal or to such
account as the Principal may require and paragraph (ii) of this clause 36.3 will
then apply.
(D)
THE CASE OF THE INSURANCES SPECIFIED IN CLAUSE 36.1(A)(II),
THERE IS A CROSS LIABILITY CLAUSE FOR THE PURPOSES OF WHICH THE INSURER ACCEPTS
THE TERM "INSURED" AS APPLYING TO EACH OF THE PERSONS COMPRISING THE INSURED AS
IF A SEPARATE POLICY OF INSURANCE HAD BEEN ISSUED TO EACH OF THEM (SUBJECT
ALWAYS TO THE LIMIT OF THE POLICY NOT BEING INCREASED AS A RESULT);
(E)
IN THE CASE OF ALL INSURANCES REQUIRED BY THIS AGREEMENT,
THE INSURER:
(I)
WILL NOT IMPUTE TO A NAMED PARTY OR LOSS PAYEE KNOWLEDGE OR
INTENTION OR