17.4 hubco shall:
17.4.1 procure that all policies of insurance referred to in paragraphs 3 and 4 of Schedule Part 9 (Insurance) to be effected by it pursuant to this Clause 17 (Insurance) shall contain a provision to the effect that the insurers have agreed to waive all rights of subrogation against each of the Participants (and all Participant Parties) save to the extent that a Participant has vitiated the policy by a deliberate act or omission; and
17.4.2 where hubco is obliged to effect insurance (other than those insurances referred to in paragraph 3 of Schedule Part 9 (Insurance)) under this Clause 17, not bring any claim or action against any of the Participants (or any Participant Party) in respect of any loss or damage in circumstances where hubco could recover such loss or damage under such insurance (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 hubco (or any hubco Party), including but not limited to non-disclosure or under-insurance),
PROVIDED THAT to avoid doubt, this Clause 17.4 shall not by itself prevent hubco from claiming against any of the Participants (or any Participant Party) 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.
17.5 hubco shall not 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.