Inadequacy or Unavailability of Required Coverages. 9.1.11.1. TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this Agreement or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the Contract Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the Contract Documents or otherwise at Law.
Inadequacy or Unavailability of Required Coverages. 7.7.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this CMA or approved variances therefrom are adequate to protect DB Contractor against its undertakings under the CMA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CMA Documents or otherwise at Law.
Inadequacy or Unavailability of Required Coverages. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this Agreement or approved variances therefrom are adequate to protect Developer against its undertakings under the CDA Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the CDA Documents or otherwise at Law.
Inadequacy or Unavailability of Required Coverages. If, in the future, through no fault of Maintenance Contractor, any of the coverages required in this Section 7.3 (or any of the required terms of such coverages, including policy limits) become unavailable as determined under a commercial reasonableness standard, TxDOT will work with Maintenance Contractor to find commercially reasonable alternatives to the required coverages that are acceptable to TxDOT.
Inadequacy or Unavailability of Required Coverages. 9.1.11.1 TxDOT makes no representation that the limits of liability specified for any insurance policy to be carried pursuant to this Agreement or approved variances therefrom are adequate to protect Developer against its undertakings under the Contract Documents, to TxDOT, or any other Person. No such limits of liability or approved variances therefrom shall preclude TxDOT from taking any actions as are available to it under the Contract Documents or otherwise at Law. place 9.1.11.2 If Developer demonstrates to TxDOT’s reasonable satisfaction that it has used diligent efforts in the global insurance and reinsurance markets to maintain the insurance coverages it is required to provide hereunder, and if, despite such diligent efforts and through no fault of Developer, any of such coverages (or any of the required terms of such coverages, including insurance policy limits) are or become unavailable during the Term on commercially reasonable terms, TxDOT will grant Developer an interim written variance from such requirements under which Developer shall obtain and maintain or cause to be obtained and maintained alternative insurance packages and programs that provide risk coverage as comparable to that contemplated in this Section 9 as is commercially reasonable under then-existing insurance market conditions.
