41.3  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.