Subrogation and Vitiation

53.6  Project Co shall in respect of the insurances referred to in Clauses 53.1 and 53.2:

53.6.1  [procure that all policies of insurance to be effected by it pursuant to this Clause shall contain a provision to the effect that the insurers have agreed to waive all rights of subrogation against the Authority (and all Authority Parties other than contractors and sub-contractors) in accordance with Endorsement 2 in Section 3 (Endorsements) of Schedule Part 15 (Insurance Requirements)]; and

53.6.2  [provide for non-vitiation protection in respect of any claim made by the Authority as co-insured in accordance with Endorsement [2] in Section 3 (Endorsements) of Schedule Part 15 (Insurance Requirements)];

provided that, to avoid doubt, this Clause 53.6 shall not by itself prevent Project Co from claiming against the Authority (or any Authority Party) under an express provision of this Agreement for any loss or damage not covered because of the level of deductibles under such insurance permitted by this Agreement or to the extent such loss or damage exceeds the maximum of such insurance required by this Agreement.

53.7  Neither party shall take any action or fail to take any reasonable action or (in so far as it is reasonably within its power) permit or allow others to take or fail to take any action (including failure to disclose any fact) as a result of which any of the Insurances may be rendered void, voidable, unenforceable or suspended or impaired in whole or in part or which may otherwise render any sum paid out under any relevant policy repayable in whole or in part.