Uninsurability Sample Clauses

The Uninsurability clause defines what happens if a party is unable to obtain or maintain required insurance coverage, often due to changes in the insurance market or the party's risk profile. Typically, this clause outlines the steps the affected party must take, such as notifying the other party and seeking alternative arrangements or waivers. Its core function is to address the risk of a party being left without insurance protection, ensuring that both parties are aware of their obligations and can respond appropriately if insurance becomes unavailable.
Uninsurability. Notwithstanding Section 11.1, the Contractor shall not be obligated during the Operating Period to maintain insurance against a risk that has become uninsurable. A risk shall be considered to have become uninsurable only if: (a) insurance against that risk is generally not available to Canadian roadbuilding and road maintenance contractors with reputable insurers in good standing; or (b) the terms and conditions generally required by insurers for insuring such risk are such that the risk is generally not being insured against by Canadian roadbuilding and road maintenance contractors; and shall only be considered an uninsurable risk during such period when the Contractor has not obtained insurance against the risk. Upon the Contractor becoming aware of an uninsurable risk, the Contractor shall in a timely manner give the Province notice of the uninsurable risk, including any details as may be reasonably requested by the Province. For so long as a risk is uninsurable, the O&M Payment shall ▇▇▇▇▇ by the amount of any reduction in the insurance premiums paid by the Contractor (or that would have been paid by the Contractor had the Contractor obtained insurance in accordance with Schedule 11) as a result of no longer being required to insure against such risk. In the event that, subsequent to the date of the Contractor’s Proposal, a risk becomes an uninsurable risk, and if the Contractor would have been required under Section 11.1 to insure against that risk but for the risk having become an uninsurable risk during the Operating Period, and if a loss occurs in respect of that risk, then the Province shall, at its option, either: (c) assume responsibility for the loss, to the extent of the insurance proceeds that would have been payable if the insurance specified in Schedule 11 had been available to and was obtained by the Contractor (having regard to the coverage limits specified in Schedule 11 and any applicable deductibles); or (d) declare a Force Majeure Termination, pay the Termination Payment required by Section 18.8 and, if applicable, assume responsibility for the loss arising from the occurrence, to the extent of the insurance proceeds that would have been payable if the insurance specified in Schedule 11 had been available to and was obtained by the Contractor (having regard to the coverage limits specified in Schedule 11 and any applicable deductibles); provided that the Province shall not declare a Force Majeure Termination under clause (d) unless: (...
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Uninsurability. The Province may notify the Concessionaire, and the Concessionaire shall forthwith notify the Province, if a Principal Insured Risk becomes or is expected to become Uninsurable. In addition, the Concessionaire may notify the Province if an Insured Business Interruption Risk under Specified Business Interruption Insurance that the Concessionaire has obtained and is in effect from Qualified Insurers becomes or is expected to become Uninsurable and such risk being Uninsurable constitutes or would constitute a breach of or a default under, or otherwise entitles or would entitle the Senior Lenders to enforce their security under, the Senior Lending Agreements. If the Province and the Concessionaire agree or it is determined in accordance with the Dispute Resolution Procedure that the relevant risk is or is about to become Uninsurable and that the risk being Uninsurable is not and will not be caused by the actions or omissions of the Concessionaire or any person for whom the Concessionaire is in law responsible, then the Province and the Concessionaire together with their respective insurance advisors shall meet to discuss the means by which such risk should be managed (including considering the feasibility of self-insurance by any or all parties or waiver of any term or condition that is causing the risk to be Uninsurable or contributing to the risk being Uninsurable).
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Uninsurability. For individuals in safety-sensitive positions, failure to participate in good faith in any mandated alcohol or substance screenings, or a screening with a positive result.
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Uninsurability. If an employee becomes unqualified due to uninsurability under the District’s insurance program, the employee’s employment may be terminated. District’s action of termination is subject to the appeal rights of Article 27 (Discipline) and shall not prejudice any right or remedy to which the employee may be entitled.
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Uninsurability. 34.14.1 If either (a) a Specific Risk or (b) a Project Insured Risk becomes Uninsurable then, subject to clause 34.14.4: 34.14.1.1 the Contractor shall notify the Lead Authority within 5 Days of the risk becoming Uninsurable; and 34.14.1.2 if both Parties agree, or it is determined in accordance with clause 70 (Dispute Resolution) that the risk is Uninsurable and that: (a) the risk being Uninsurable is not caused by the actions of the Contractor or a Sub-Contractor; and (b) in respect of a Project Insured Risk, the Contractor has demonstrated to the Lead Authority that the Contractor faced with the same Uninsurable risk in the same or a substantially similar Project would, acting prudently, cease to operate such business as a result of that risk becoming Uninsurable, then the Parties shall meet to discuss the means by which the risk should be managed (including considering the issue of self-insurance by either Party). 34.14.2 If the requirements of clause 34.14.1 are satisfied, but the Parties cannot agree as to how to manage the risk, then the Contract shall continue but with the Unitary Charge being adjusted to deduct an amount equal to the premium that was payable for insurance for such risk immediately prior to it becoming Uninsurable. On the occurrence of the risk the Councils shall (at the Councils’ option) either pay to the Contractor an amount equal to the insurance proceeds that would have been payable had the relevant insurance continued to be available and the Contract will continue, or an amount equal to the amount set out in Clause 55 (Compensation on Termination for Force Majeure) and the Contract will terminate. 34.14.3 Nothing in this clause 34 shall oblige the Contractor to take out insurance in respect of a risk which is Uninsurable.
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Uninsurability. By Employer immediately upon Physician becoming uninsurable for professional liability coverage at standard rates for Physician’s specialty with Employer’s insurer.
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Uninsurability. (a) Notwithstanding Section 1 [Insurance Requirements] of this Schedule but subject to compliance by Project Co with all of its obligations pursuant to this Section 5 [Uninsurability], Project Co shall not be obligated to maintain insurance against a risk that has become uninsurable. A risk shall be considered to have become uninsurable only if and for so long as Project Co can demonstrate to the City’s satisfaction (acting reasonably) that: (1) insurance against that risk is generally not available with Qualified Insurers; or (2) the insurance premium payable or the terms and conditions generally required by Qualified Insurers for insuring such risk are such that the risk is generally not being insured against. Upon Project Co becoming aware of an uninsurable risk, Project Co shall in a timely manner, and in any event within 15 Business Days of becoming aware of same, give the City notice of the uninsurable risk, including all relevant details in relation to such risk, including such details as may be reasonably requested by the City. (b) Project Co and the City shall, as soon as possible following the provision of the notice referred to in Section 5(a) above, meet to discuss, in good faith, the appropriate means by which the uninsurable risk should be managed and, if Project Co and the City are able to agree to alternative arrangements, the uninsurable risk shall be managed in accordance with such alternative arrangements. (c) In the event that Project Co and the City, each acting in good faith, are unable to agree to alternative arrangements with respect to the management of an uninsurable risk within 15 Business Days of the expiry of the period referred to in Section5(a) above, the City may, in its discretion, either: (1) elect to assume responsibility for the uninsurable risk and, in respect of the year in which the relevant risk becomes uninsurable and every year thereafter, withhold in equal instalments over the course of such year, from the Construction Period Payment(s) otherwise due to Project Co in that year an amount equal to the annual premium (index linked) relating to the uninsurable risk as was current on the day immediately prior to the date on which the relevant risk became an uninsurable risk, in which case this Agreement shall continue in full force and effect; or (2) terminate this Agreement pursuant to Section 15.4 [
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Related to Uninsurability

  • Insurability Buyer has the right to review and object to the availability, terms and conditions of and premium for 490 property insurance (Property Insurance). Buyer has the Right to Terminate under § 25.1, on or before Property Insurance 491 Termination Deadline, based on any unsatisfactory provision of the Property Insurance, in Buyer’s sole subjective discretion.

  • Grievability Denial of a petition for reinstatement is grievable. The grievance may not be based on information other than that shared with the Employer at the time of the petition for reinstatement.

  • Safety Where an employee is prevented from working at the employee’s particular function as a result of unsafe conditions caused by the inclement weather, the employee may be transferred to other work in the employee’s classification on site, until the unsafe conditions are rectified. Where such alternative is not available and until the unsafe conditions are rectified, the employee shall remain on site. The employee shall be paid for such time without reduction of the employees’ inclement weather entitlement.

  • Temperature Measurement Temperature will be measured by the nearest automatic Melbourne Bureau of Meteorology Monitoring Station for example (but not limited to): Melbourne, Moorabbin, Dunns Hill, Melbourne Airport, Frankston, and Point ▇▇▇▇▇▇. At the commencement of each project, the onsite management and employee representatives shall agree which is to be the applicable automatic weather monitoring station.

  • Contamination The presence in, on or under land, air or water of a substance (whether a solid, liquid, gas, odour, heat, sound, vibration or radiation) at a concentration above the concentration at which the substance is normally present in, on or under land, air or water in the same locality, that presents a risk of Environmental Harm, including harm to human health or any other aspect of the Environment, or could otherwise give rise to a risk of non-compliance with any Statutory Requirement for the protection of the Environment.