MARKET AVAILABILITY. 8.1 Notwithstanding the foregoing but save as provided in Clause 8.2 below, the Borrower shall not be in breach of its obligations hereunder to the extent that: (a) insurances or the level of cover otherwise required to be taken out or maintained hereunder are not available owing to lack of capacity in the insurance market; or (b) the premiums in respect of any such insurances are unreasonable in the opinion of the Insurance Adviser (after consulting with the Agent and the Borrower's insurance adviser having regard to the risk being covered and the interests of the Banks under the Finance Documents); or (c) the Agent, after consultation with the Insurance Adviser and the Majority Banks, agrees to waive the benefit of such obligations. 8.2 If in relation to any particular policy the provisions referred to in paragraph (6) of Part B or paragraph (6)(v) of Part 3 paragraph 1 of this Schedule 8 are not available in the worldwide insurance market or where the extra premiums required in respect of the inclusion of such provisions are in the reasonable opinion of the Agent excessive for cover of that type in the worldwide insurance market, the Borrower and the Agent shall negotiate in good faith for a period not exceeding 20 days to determine whether an alternative mutually acceptable solution exists and if agreement on such a solution is reached it shall be implemented instead of the inclusion in such policy of the provisions set out in the said paragraph (6) or (6)(v) (as the case may be).
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Sources: Facility Agreement (Macquarie Infrastructure CO Trust), Facility Agreement (Macquarie Infrastructure Assets Trust)