Insured Exposure Sample Clauses

Insured Exposure. Without prejudice to Clause 35 (Insurance), Project Co shall not be entitled to any payment which would not have been due under this Agreement but for Clause 8.6 (Excusing Causes) to the extent that Project Co is or should be able to recover under any policy of insurance required to be maintained in accordance with this Agreement (whether or not such insurance has in fact been effected or, if effected, has been vitiated as a result of any act or omission of Project Co (or any Project Co Party), including but not limited to non-disclosure or under-insurance) or any other policy of insurance which Project Co has taken out and maintained.

Insured Exposure. Without prejudice to Clause 55 (Required Insurances), the Contractor shall not be entitled to any payment which would not have been due under this Contract but for Clause 41.1 (Relief from Deductions) to the extent that the Contractor is or should be able to recover under any policy of insurance required to be maintained by the Contractor or any Contractor Related Party in accordance with this Contract (whether or not such insurance has in fact been effected or, if effected, has been vitiated as a result of an act or omission of the Contractor (or any Contractor Related Party), including but not limited to non disclosure or under insurance) or any other policy of insurance which the Contractor has taken out and maintained.

Insured Exposure. (a) The compensation payable to Project Co pursuant to this Section 44 shall be reduced by any amount which Project Co or a Project Co Party recovers, or is entitled to recover, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 173 CAN: 26350049.2 BD-#30398459-v2 under any insurance policy, or would have recovered if it had complied with the requirements of this Project Agreement in respect of insurance or the terms of any policy of insurance required under this Project Agreement, which amount, for greater certainty, shall not include any excess or deductibles or any amount over the maximum amount insured under any such insurance policy.