Common use of Other Risks Clause in Contracts

Other Risks. Except to the extent that it arises from a Contractor Risk, the Subcontractor will bear the risk of and indemnify the Contractor against: any loss of or damage to property of the Contractor (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by or arising out of or in connection with the Subcontractor's Activities or the Subcontract Works provided that the Subcontractor's responsibility to indemnify the Contractor will be reduced to the extent that an act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative or an Other Contractor contributed to the loss, damage, injury or death. Subcontractor Insurance Obligations The Subcontractor must: from the Award Date cause to be effected and maintained or otherwise have the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified in the Subcontract Particulars, each of which must be: for the amounts specified in the Subcontract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor's Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance and Employers’ Liability Insurance ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Commonwealth and the Contractor in respect of any statutory liability and common law liability to the Subcontractor's employees; and each of its subsubcontractors which is legally required to do so, has Workers Compensation Insurance and Employers’ Liability Insurance covering the subsubcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Subcontractor is required to do under subparagraph (i); in relation to Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; and is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; promptly provide the Contractor's Representative with evidence satisfactory to the Contractor's Representative that: it has complied with clause 4.3; and each insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contractor's Representative from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors that perform any design work forming part of the Subcontractor's Activities also maintain Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3, for the amounts specified in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (d), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor under the Subcontract or otherwise at law or in equity.

Other Risks. Except to the extent that it arises from a Contractor Principal Risk, the Subcontractor Contractor will bear the risk of and indemnify the Contractor Principal against: any loss of or damage to property of the Contractor Principal (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by by, or arising out of of, or in connection with with, the SubcontractorContractor's Activities or the Subcontract Works provided that the SubcontractorContractor's responsibility to indemnify the Contractor Principal will be reduced to the extent that an act or omission of the CommonwealthPrincipal, the MCC Contract Administrator, the Contractor, the Contractor's Representative Administrator or an Other Contractor may have contributed to the loss, damage, injury or death. Subcontractor Contractor Insurance Obligations The Subcontractor Contractor must: from the Award Date cause to be effected effect and maintained or otherwise have maintain the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified described in the Subcontract Contract Particulars, each of which must is to be: for the amounts specified in the Subcontract Contract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or betterbetter or with such other insurer approved by the Contract Administrator; and on terms which are satisfactory to the Contractor's Representative Contract Administrator (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance and Employers’ Liability Insurance workers compensation insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Commonwealth and the Contractor Principal in respect of any statutory liability and common law liability to the SubcontractorContractor's employees; and each of its subsubcontractors which is subcontractors legally required to do so, has Workers Compensation Insurance and Employers’ Liability Insurance workers compensation insurance covering the subsubcontractor subcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Subcontractor Contractor is required to do so under subparagraph paragraph (ia); in relation to Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; and is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; promptly provide the Contractor's Representative Contract Administrator with evidence satisfactory to the Contractor's Representative that: it has complied with clause 4.3; and Contract Administrator that each insurance required under clause 4.3 policy is current and complies with clause 4.3, as required by the Contractor's Representative Contract Administrator from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors subcontractors that perform any design work forming part of the SubcontractorContractor's Activities also maintain Professional Indemnity Insurance professional indemnity insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor Contractor under clause 4.3paragraph (a), for not less than the amounts specified amount referred to in the Subcontract Contract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (d), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor Contractor under the Subcontract Contract or otherwise at law or in equity. Failure to Insure If the Contractor fails to provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance in accordance with clause 4.3, the Principal may, without prejudice to any other rights it may have, take out the relevant insurance and the cost will be a debt due from the Contractor to the Principal. Period of Insurance The insurance which the Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's Activities.

Other Risks. Except to the extent that it arises from a Contractor Risk, the Subcontractor will bear the risk of and indemnify the Contractor against: any loss of or damage to property of the Contractor (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by by, or arising out of of, or in any way in connection with with, the Subcontractor's Activities or the Subcontract Works provided that the Subcontractor's responsibility to indemnify the Contractor will be reduced to the extent that an act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative Representative, or an Other Contractor may have contributed to the loss, damage, injury or death. Subcontractor Insurance Obligations The Subcontractor must: from the Award Date cause to be effected effect and maintained or otherwise have maintain the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified described in the Subcontract Particulars, each of which must is to be: for the amounts specified respective amount referred to in the Subcontract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor's Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance and Employers’ Liability Insurance workers compensation insurance, ensure that: to the extent permitted by law, the insurance policy extends to provide indemnity to the Commonwealth and the Contractor in respect of any statutory liability and common law liability to the Subcontractor's employees; and each of its subsubcontractors which is legally required to do so, has Workers Compensation Insurance and Employers’ Liability Insurance workers compensation insurance covering the subsubcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Subcontractor is required to do so under subparagraph paragraph (ia); in relation to Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; and is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; promptly provide the Contractor's Representative with evidence satisfactory to the Contractor's Representative that: it has complied with clause 4.3; and that each insurance required under clause 4.3 policy is current and complies with clause 4.3, as required by the Contractor's Representative from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; prejudiced and if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors that perform any design work forming part of the Subcontractor's Activities also maintain Professional Indemnity Insurance professional indemnity insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3paragraph (a), for not less than the amounts specified amount referred to in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (d), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor under any other provisions of the Subcontract or otherwise at law or in equity.

Other Risks. Except to the extent that it arises from a Contractor Commonwealth Risk, the Subcontractor Contractor will bear the risk of and indemnify the Contractor Commonwealth against: any loss of or damage to property of the Contractor Commonwealth (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by or arising out of or in connection with the SubcontractorContractor's Activities or the Subcontract Works provided that the SubcontractorContractor's responsibility to indemnify the Contractor Commonwealth will be reduced to the extent that an act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative PDS Contractor or an Other Contractor contributed to the loss, damage, injury or death. Subcontractor Contractor Insurance Obligations The Subcontractor Contractor must: from the Award Date cause to be effected and maintained or otherwise have the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified in the Subcontract Contract Particulars, each of which must be: for the amounts specified in the Subcontract Contract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor's Representative PDS Contractor (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance and Employers’ Liability Insurance Insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Commonwealth and the Contractor in respect of any statutory liability and common law liability to the SubcontractorContractor's employees; and each of its subsubcontractors subcontractors which is legally required to do so, has Workers Compensation Insurance and Employers’ Liability Insurance covering the subsubcontractor subcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Subcontractor Contractor is required to do so under subparagraph paragraph (ia); in relation to the Public Liability Insurance, ensure the insurance is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Contract Particulars; in relation to Professional Indemnity InsuranceInsurance (if any), ensure the insurance: has a retroactive date of no later than the commencement of the SubcontractorContractor's Activities; and is not subject to any limits which are narrower or more restrictive than the worldwide or limits and jurisdictional limits which might limit or exclude specified in the jurisdictions in which the Subcontractor's Activities are being carried outContract Particulars; promptly provide the Contractor's Representative PDS Contractor with evidence satisfactory to the Contractor's Representative PDS Contractor that: it has complied with clause 4.3; and each insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contractor's Representative PDS Contractor from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract Contract without the prior written consent of the PDS Contractor's Representative; immediately notifies the Contractor's Representative PDS Contractor (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors subcontractors that perform any design work forming part of the SubcontractorContractor's Activities also maintain Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor Contractor under clause 4.3, for the amounts specified in the Subcontract Contract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (de), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor Contractor under the Subcontract Contract or otherwise at law or in equity. Failure to Insure If the Contractor fails to comply with clause 4.3 (including any failure to cause to be effected and maintained or otherwise have the benefit of the insurance required by clause 4.3 or provide evidence satisfactory to the PDS Contractor in accordance with clause 4.3(e)), the Commonwealth may (in its absolute discretion and without prejudice to any other rights it may have) take out the relevant insurance and the cost will be a debt due from the Contractor to the Commonwealth. The Contractor must take all necessary steps to assist the Commonwealth in exercising its discretion under paragraph (a). For the purpose of this paragraph (b), "all necessary steps" includes providing all insurance information and documents (including proposals), answering questions, co-operating with and doing everything necessary to assist the PDS Contractor or anyone else acting on behalf of the Commonwealth.

Other Risks. Except to the extent that it arises from a Contractor Risk, the Subcontractor will bear the risk of and indemnify the Contractor against: any loss of or damage to property of the Contractor (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by or by, arising out of or in connection with the Subcontractor's Activities or the Subcontract Works provided that the Subcontractor's responsibility to indemnify the Contractor will be reduced to the extent that an act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative or an Other Contractor contributed to the loss, damage, injury or death. Subcontractor Insurance Obligations The Subcontractor must: from the Award Date cause to be effected and maintained or otherwise have the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified in the Subcontract Particulars, each of which must be: for the amounts specified in the Subcontract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor's Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance and Employers’ Liability Insurance ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Commonwealth and the Contractor in respect of any statutory liability and common law liability to the Subcontractor's employees; and each of its subsubcontractors which is legally required to do so, has Workers Compensation Insurance and Employers’ Liability Insurance covering the subsubcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Subcontractor is required to do under subparagraph paragraph (ia); in relation to the Public Liability Insurance, ensure the insurance is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Subcontract Particulars; in relation to Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; and is not subject to any limits which are narrower or more restrictive than the worldwide or limits and jurisdictional limits which might limit or exclude specified in the jurisdictions in which the Subcontractor's Activities are being carried outSubcontract Particulars; promptly provide the Contractor's Representative with evidence satisfactory to the Contractor's Representative that: it has complied with clause 4.3; and each insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contractor's Representative from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors that perform any design work forming part of the Subcontractor's Activities also maintain Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3, for the amounts specified in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (de), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor under the Subcontract or otherwise at law or in equity.

Other Risks. Except to the extent that it arises from a Contractor Principal Risk, the Subcontractor Contractor will bear the risk of and indemnify the Contractor Principal against: any loss of or damage to property of the Contractor Principal (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by by, or arising out of of, or in connection with with, the SubcontractorContractor's Activities or the Subcontract Works provided that the SubcontractorContractor's responsibility to indemnify the Contractor Principal will be reduced to the extent that an act or omission of the CommonwealthPrincipal, the MCC Contract Administrator, the Contractor, the Contractor's Representative Administrator or an Other Contractor may have contributed to the loss, damage, injury or death. Subcontractor Contractor Insurance Obligations - Option 1 The Subcontractor Contractor must: from the Award Date cause to be effected effect and maintained or otherwise have maintain the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified described in the Subcontract Contract Particulars, each of which must is to be: for the amounts specified in the Subcontract Contract Particulars; with reputable insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or betterbetter or with such other insurer approved by the Contract Administrator; and on terms which are satisfactory to the Contractor's Representative Contract Administrator (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance and Employers’ Liability Insurance workers compensation insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Commonwealth and the Contractor Principal in respect of any statutory liability and common law liability to the SubcontractorContractor's employees; and each of its subsubcontractors which is subcontractors legally required to do so, has Workers Compensation Insurance and Employers’ Liability Insurance workers compensation insurance covering the subsubcontractor subcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Subcontractor Contractor is required to do so under subparagraph paragraph (i); in relation to Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; and is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; promptly provide the Contractor's Representative Contract Administrator with evidence satisfactory to the Contractor's Representative that: it has complied with clause 4.3; and Contract Administrator that each insurance required under clause 4.3 policy is current and complies with clause 4.3, as required by the Contractor's Representative Contract Administrator from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors subcontractors that perform any design work forming part of the SubcontractorContractor's Activities also maintain Professional Indemnity Insurance professional indemnity insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor Contractor under clause 4.3paragraph (i), for not less than the amounts specified amount referred to in the Subcontract Contract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (d), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under this clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor Contractor under the Subcontract Contract or otherwise at law or in equity. If the Contractor fails to provide evidence satisfactory to the Contract Administrator that a policy is current or fails to obtain insurance in accordance with clause 4.3, the Principal may, without prejudice to any other rights it may have, take out the relevant insurance and the cost will be a debt due from the Contractor to the Principal. The insurance which the Contractor is required to obtain under this clause 4 must be maintained: in the case of construction risks insurance, until the Contractor ceases to bear the risk of loss of or damage to anything under clause 4.1; in the case of public liability and workers compensation insurance, until the latest of: the end of the last Defects Liability Period; the date upon which all defects and omissions in the Works have been rectified in accordance with the Contract; and the completion of the Contractor's Activities; and in the case of professional indemnity insurance, until the expiration of the period specified in the Contract Particulars following the latest of: the last date of Completion; and the completion of the Contractor's Activities. This paragraph (d) does not apply to professional indemnity insurance or workers compensation insurance. Where the Contract requires insurance to provide cover to more than one insured, the Contractor must ensure that the insurance policy provides that: the insurance (with the exception of limits of liability) will operate in the same manner as if there were a separate policy of insurance covering each named insured; the insurer waives all rights, remedies or relief to which it might become entitled by subrogation against any of the parties to whom coverage extends and that failure by any insured to observe and fulfil the terms of the policy will not prejudice the insurance in regard to any other insured; and a notice to the insurer by one insured will be deemed to be notice on behalf of all insureds.

Other Risks. Except to the extent that it arises from a Contractor Risk, the Subcontractor will bear the risk of and indemnify the Contractor against: any loss of or damage to property of the Contractor (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by or arising out of or in connection with the Subcontractor's Activities or the Subcontract Works provided that the Subcontractor's responsibility to indemnify the Contractor will be reduced to the extent that an act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative or an Other Contractor contributed to the loss, damage, injury or death. Subcontractor Insurance Obligations The Subcontractor must: from the Award Date cause to be effected and maintained or otherwise have the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified in the Subcontract Particulars, each of which must be: for the amounts specified in the Subcontract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor's Representative (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance and Employers’ Liability Insurance ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Commonwealth and the Contractor in respect of any statutory liability and common law liability to the Subcontractor's employees; and each of its subsubcontractors which is legally required to do so, has Workers Compensation Insurance and Employers’ Liability Insurance covering the subsubcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Subcontractor is required to do under subparagraph (i); in relation to Professional Indemnity Insurance, ensure the insurance: has a retroactive date of no later than the commencement of the Subcontractor's Activities; and is not subject to any worldwide or jurisdictional limits which might limit or exclude the jurisdictions in which the Subcontractor's Activities are being carried out; promptly provide the Contractor's Representative with evidence satisfactory to the Contractor's Representative that: it has complied with clause 4.3; and each insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contractor's Representative from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract without the prior written consent of the Contractor's Representative; immediately notifies the Contractor's Representative (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors that perform any design work forming part of the Subcontractor's Activities also maintain Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor under clause 4.3, for the amounts specified in the Subcontract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (d), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor under the Subcontract or otherwise at law or in equity. Contractor Insurance Obligations The Contractor must: from the Award Date cause to be effected and maintained or otherwise have the benefit of Construction Risks Insurance, Public Liability Insurance and the other insurance (if any) specified in the Subcontract Particulars for the amounts specified in the Subcontract Particulars; and promptly provide the Subcontractor with evidence satisfactory to the Subcontractor that the insurances required under subparagraph (i) are current, as required by the Subcontractor from time to time. The insurances referred to in paragraph (a) are subject to the exclusions, conditions and excesses noted on the policies and the Subcontractor must: satisfy itself of the nature and extent of the Contractor's insurance; if required by the Subcontractor, take out insurance to: insure any risks not insured by the Contractor's insurance; or cover any such exclusions, conditions or excesses in that insurance, which the Subcontractor wants to insure against or cover; and where it bears the risk of the relevant loss or damage under clause 4.1 or is required to indemnify the Contractor under clause 4.2, bear the cost of any excesses in the Contractor's insurance. Failure to Insure If the Subcontractor fails to comply with clause 4.3, the Contractor may (in its absolute discretion and without prejudice to any other rights it may have) take out the relevant insurance and the cost of such insurances will be a debt due from the Subcontractor to the Contractor. The Subcontractor must take all necessary steps to assist the Contractor in exercising its discretion under paragraph (a). For the purpose of this paragraph (b), "all necessary steps" includes providing all insurance information and documents (including proposals), answering questions, co-operating with and doing everything necessary to assist the Contractor’s Representative or anyone else acting on behalf of the Contractor.

Other Risks. Except to the extent that it arises from a Contractor Commonwealth Risk, the Subcontractor Contractor will bear the risk of and indemnify the Contractor Commonwealth against: any loss of or damage to property of the Contractor Commonwealth (other than property referred to in clause 4.1(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by or arising out of or in connection with the SubcontractorContractor's Activities or the Subcontract Works provided that the SubcontractorContractor's responsibility to indemnify the Contractor Commonwealth will be reduced to the extent that an act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative PDS Contractor or an Other Contractor contributed to the loss, damage, injury or death. Subcontractor Contractor Insurance Obligations The Subcontractor Contractor must: from the Award Date cause to be effected and maintained or otherwise have the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified in the Subcontract Contract Particulars, each of which must be: for the amounts specified in the Subcontract Contract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor's Representative PDS Contractor (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance and Employers’ Liability Insurance Insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Commonwealth and the Contractor in respect of any statutory liability and common law liability to the SubcontractorContractor's employees; and each of its subsubcontractors subcontractors which is legally required to do so, has Workers Compensation Insurance and Employers’ Liability Insurance covering the subsubcontractor subcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Subcontractor Contractor is required to do so under subparagraph paragraph (ia); in relation to the Public Liability Insurance, ensure the insurance is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Contract Particulars; in relation to Professional Indemnity InsuranceInsurance (if any), ensure the insurance: has a retroactive date of no later than the commencement of the SubcontractorContractor's Activities; and is not subject to any limits which are narrower or more restrictive than the worldwide or limits and jurisdictional limits which might limit or exclude specified in the jurisdictions in which the Subcontractor's Activities are being carried outContract Particulars; promptly provide the Contractor's Representative PDS Contractor with evidence satisfactory to the Contractor's Representative PDS Contractor that: it has complied with clause 4.3; and each insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contractor's Representative PDS Contractor from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract Contract without the prior written consent of the PDS Contractor's Representative; immediately notifies the Contractor's Representative PDS Contractor (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors subcontractors that perform any design work forming part of the SubcontractorContractor's Activities also maintain Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor Contractor under clause 4.3, for the amounts specified in the Subcontract Contract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (de), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor Contractor under the Subcontract Contract or otherwise at law or in equity. Failure to Insure If the Contractor fails to comply with clause 4.3 (including any failure to cause to be effected and maintained or otherwise have the benefit of the insurance required by clause 4.3 or provide evidence satisfactory to the PDS Contractor in accordance with clause 4.3(e)), the Commonwealth may (in its absolute discretion and without prejudice to any other rights it may have) take out the relevant insurance and the cost will be a debt due from the Contractor to the Commonwealth. The Contractor must take all necessary steps to assist the Commonwealth in exercising its discretion under paragraph (a). For the purpose of paragraph (a), "all necessary steps" includes providing all insurance information and documents (including proposals), answering questions, co-operating with and doing everything necessary to assist the PDS Contractor or anyone else acting on behalf of the Commonwealth.

Other Risks. Except to the extent that it arises from a Contractor Commonwealth Risk, the Subcontractor Contractor will bear the risk of and indemnify the Contractor Commonwealth against: any loss of or damage to property of the Contractor Commonwealth (other than property referred to in clause 4.1(a(a)); and any liability to or claims by a third party in respect of loss of or damage to property or injury to or death of persons, caused by or arising out of or in connection with the SubcontractorContractor's Activities or the Subcontract Works provided that the SubcontractorContractor's responsibility to indemnify the Contractor Commonwealth will be reduced to the extent that an act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor's Representative PDS Contractor or an Other Contractor contributed to the loss, damage, injury or death. Subcontractor Contractor Insurance Obligations The Subcontractor Contractor must: from the Award Date cause to be effected and maintained or otherwise have the benefit of the following insurance: Workers Compensation Insurance; if the Subcontract requires the Subcontractor to design any part of the Subcontract Works, Professional Indemnity Insurance; and such other insurances on such terms as are specified in the Subcontract Contract Particulars, each of which must be: for the amounts specified in the Subcontract Contract Particulars; with insurers having a Standard and Poors, Moodys, A M Best, Fitch's or equivalent rating agency's financial strength rating of A- or better; and on terms which are satisfactory to the Contractor's Representative PDS Contractor (confirmation of which must not be unreasonably withheld or delayed); in relation to the Workers Compensation Insurance and Employers’ Liability Insurance Insurance, ensure that: to the extent permitted by law, the insurance extends to provide indemnity to the Commonwealth and the Contractor in respect of any statutory liability and common law liability to the SubcontractorContractor's employees; and each of its subsubcontractors subcontractors which is legally required to do so, has Workers Compensation Insurance and Employers’ Liability Insurance covering the subsubcontractor subcontractor in respect of its statutory and common law liability to its employees, in the same manner as the Subcontractor Contractor is required to do so under subparagraph paragraph (ia); in relation to the Public Liability Insurance, ensure the insurance is not subject to any limits which are narrower or more restrictive than the worldwide limits and jurisdictional limits specified in the Contract Particulars; in relation to Professional Indemnity InsuranceInsurance (if any), ensure the insurance: has a retroactive date of no later than the commencement of the SubcontractorContractor's Activities; and is not subject to any limits which are narrower or more restrictive than the worldwide or limits and jurisdictional limits which might limit or exclude specified in the jurisdictions in which the Subcontractor's Activities are being carried outContract Particulars; promptly provide the Contractor's Representative PDS Contractor with evidence satisfactory to the Contractor's Representative PDS Contractor that: it has complied with clause 4.3; and each insurance required under clause 4.3 is current and complies with clause 4.3, as required by the Contractor's Representative PDS Contractor from time to time; ensure that: if the insurer gives the Subcontractor notice of expiry, cancellation or rescission of any required insurance policy, the Subcontractor as soon as possible informs the Contractor in writing that the notice has been given and effects replacement insurance on terms and subject to limits acceptable to the Contractor’s Representative, whose acceptance will not be unreasonably withheld or delayed; and if the Subcontractor cancels, rescinds or fails to renew any required insurance policy, the Subcontractor as soon as possible obtains replacement insurance as required by the Subcontract and informs the Contractor in writing as soon as possible of the identity of the replacement insurer, and provides such evidence as the Contractor’s Representative reasonably requires that the replacement insurance complies in all relevant respects with the requirements of the Subcontract; ensure that it: does not do or omit to do anything whereby any insurance may be prejudiced; complies at all times with the terms of each insurance policy; if necessary, takes all possible steps to rectify any situation which might prejudice any insurance; punctually pays all premiums and other amounts payable in connection with all of the required insurance policies, and gives the Contractor's Representative copies of receipts for payment of premiums upon request by the Contractor's Representative; renews any required insurance policy if it expires during the relevant period, unless appropriate replacement insurance is obtained; immediately notifies the Contractor's Representative (in writing) if the Subcontractor fails to renew any required insurance policy or pay a premium; does not cancel or allow an insurance policy to lapse during the period for which it is required by the Subcontract Contract without the prior written consent of the PDS Contractor's Representative; immediately notifies the Contractor's Representative PDS Contractor (in writing) of any event which may result in a required insurance policy lapsing, being cancelled or rescinded; and complies fully with its duty of disclosure and obligations of utmost good faith toward the insurer and in connection with all of the required insurance policies; does everything reasonably required by the Contractor and the Contractor's Representative to enable the Contractor and the Commonwealth to claim and to collect or recover money due under any of the insurances in respect of which they are required to have the benefit of coverage under this Subcontract; and maintains full and appropriate records of incidents relevant to any insurance claim for a period of 10 years from the date of the claim; ensure that any subsubcontractors subcontractors that perform any design work forming part of the SubcontractorContractor's Activities also maintain Professional Indemnity Insurance in the same manner and on the same terms as those required to be obtained by the Subcontractor Contractor under clause 4.3, for the amounts specified in the Subcontract Contract Particulars; and bear the excess applicable to any insurance claim made under any of the insurance policies required to be maintained by the Subcontractor under this clause 4.3. Any excess borne by the Contractor will be a debt due from the Subcontractor to the Contractor. For the purpose of paragraph (de), such evidence may include certificates of currency (no more than 20 days old), current policy wordings (except where such insurances are prescribed by Statutory Requirements) and written confirmation from a relevant insurer or reputable broker stating that the relevant insurance is current and complies with clause 4.3. The obtaining of insurance as required under clause 4.3 will not in any way limit, reduce or otherwise affect any of the obligations, responsibilities and liabilities of the Subcontractor Contractor under the Subcontract Contract or otherwise at law or in equity. Failure to Insure If the Contractor fails to comply with clause 4.3 (including any failure to cause to be effected and maintained or otherwise have the benefit of the insurance required by clause 4.3 or provide evidence satisfactory to the PDS Contractor in accordance with clause (e)), the Commonwealth may (in its absolute discretion and without prejudice to any other rights it may have) take out the relevant insurance and the cost will be a debt due from the Contractor to the Commonwealth. The Contractor must take all necessary steps to assist the Commonwealth in exercising its discretion under paragraph (a). For the purpose of this paragraph (b), "all necessary steps" includes providing all insurance information and documents (including proposals), answering questions, co-operating with and doing everything necessary to assist the PDS Contractor or anyone else acting on behalf of the Commonwealth.