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:
Uninsurability. Notwithstanding Section 11.1(a), the Contractor shall not be obligated during the School M&R Period or the M&R Period to maintain insurance against a risk that has become uninsurable. A risk shall be considered to have become uninsurable only if:
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:
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).
Uninsurability. 9. 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.
Uninsurability. Notwithstanding Section 11.1, the Contractor shall not be obligated during the PNI Operating Period to maintain insurance with respect to the Priority New Infrastructure against a risk that has become uninsurable and 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:
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.
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:
Uninsurability. By Employer immediately upon Physician becoming uninsurable for professional liability coverage at standard rates for Physician’s specialty with Employer’s insurer.
