64.12  Claims

The Contractor shall where it is obliged to effect insurance under this clause not bring any claim or action against the Authority (or any Authority Related Party) in respect of any loss or damage in circumstances where the Contractor is able to recover such loss or damage under such insurance (or where it would have been able to recover such loss had it been complying with its obligations under this Agreement) provided that, to avoid doubt, this sub-clause shall not by itself prevent the Contractor from claiming against the Authority (or any Authority Related 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 level of such insurance required by this Agreement.