Common use of Requirement to Maintain Clause in Contracts

Requirement to Maintain. The Contractor shall, in relation to a School, prior to carrying out of any building or demolition work at that School, take out and maintain or procure the maintenance of the insurances described in Part 1 of Schedule 14 (Insurances) and any other insurances as may be required by law. These insurances must be effective in each case not later than the date on which the relevant risk commences. The Contractor shall, in relation to each School, during the Services Period take out and maintain or procure the maintenance of the insurances described in Part 2 of Schedule 14 (Insurances) and any other insurances as may be required by law. Obligation on Parties Neither Party to this Agreement shall take any action or fail to take any reasonable action, or (insofar as it is reasonably within its power) permit anything to occur in relation to it, which would entitle any insurer to refuse to pay any claim under any insurance policy in which that Party is an insured, a co-insured or an additional insured person. Nature of the Insurances161 With the exception of the insurances required by law, the insurances referred to in clauses 65.1 (Requirement to Maintain) and 65.2 (Requirement to Maintain) shall: name the Contractor and the School Entities as co-insured parties with any other party maintaining the insurance as required by Part 1 and Part 2 of Schedule 14 (Insurances); [provide for non-vitiation protection in respect of any claim made by the Authority or the School Entities as co-insured parties in accordance with endorsement 2 in Part 3 of Schedule 14 (Insurances)]; contain a clause waiving the insurers' subrogation rights against the Authority and the School Entities and their employees and agents in accordance with endorsement 2 in Part 3 of Schedule 14 (Insurances); provide for thirty (30) days prior written notice of their cancellation, non-renewal or amendment to be given to the Authority in accordance with endorsement 1 in Part 3 of Schedule 14 (Insurances); and in respect of the Physical Damage Policies provide for payment of any proceeds received by the Contractor to be applied in accordance with clause 66 (Reinstatement and Change of Requirement after Insured Event). The Contractor shall ensure that the insurances referred to in clauses 65.1 and 65.2 (Requirement to Maintain) shall name the Authority as a co-insured for its separate interest as required by Part 1 and Part 2 of Schedule 14 (Insurances). Evidence of Policies The Contractor shall provide, to the Authority: copies on request, of all insurance policies referred to in clauses 65.1 and 65.2 (Requirement to Maintain) (together with any other information reasonably requested by the Authority relating to such insurance policies) and the Authority shall be entitled to inspect them during ordinary business hours; evidence that the premiums payable under all insurance policies have been paid and that the insurances are in full force and effect in accordance with the requirements of this clause 65 and Schedule 14 (Insurances); and on or before the date of expiry of any insurance required by clauses 65.1162 and 65.2 (Requirement to Maintain), satisfactory evidence that the relevant insurance has been or is being renewed. Renewal Certificates Renewal certificates in relation to any of the insurances required by clause 65.1 and 65.2 (Requirement to Maintain) shall be obtained as and when necessary and copies (certified in a manner acceptable to the Authority) shall be forwarded to the Authority as soon as possible but in any event on or before the renewal date. Breach If the Contractor is in breach of clauses 65.1 or 65.2 (Requirement to Maintain) the Authority may pay any premiums, fees, broker's costs or other expenses required to keep such insurance in force or itself procure such insurance and may, in either case, recover such amounts from the Contractor on written demand.