Extent of Indemnities. The indemnities given by the Operator under this Agreement shall not apply to any Indemnified Liabilities to the extent that they: (a) arise from a breach of this Agreement by the Authority or the gross negligence or recklessness of the Authority or its sub-contractors of any tier or their employees or agents; or (b) arise from any event of Force Majeure; or (c) are covered by any insurance policy being maintained by or on behalf of any Party which has not been vitiated and under which insurance proceeds have actually been received by the Authority, as the case may be, in respect of the matter and in respect of which the insurer’s rights of subrogation have been waived against the Operator.
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