Common use of MARKET AVAILABILITY Clause in Contracts

MARKET AVAILABILITY. Notwithstanding the foregoing, no Borrower nor any Obligor shall be in breach of its obligations hereunder to the extent that: (a) insurances required to be taken out or maintained hereunder are not available owing to lack of capacity in the insurance or reinsurance market; or (b) the premiums in respect of any such insurances are unreasonable in the opinion of the Facility Agent having regard to the risks and liabilities being covered and the Lenders' interests under the Finance Documents.