31.1  Insurance

The Service Provider shall, prior to the Service Commencement Date, take out and maintain or procure the maintenance of the Required Insurances and any other insurances as may be required by Legislation.  The Service Provider shall ensure that such insurances are, in each case, effective not later than the date on which the relevant risk commences and the following provisions shall apply:

(a)  neither party shall take any action or fail to take any reasonable action, or (insofar as it is reasonably within its power) permit anything to occur in relation to it, which would entitle any insurer to refuse to pay any claim under any insurance policy in which that party is an insured, a co-insured or additional insured person;

(b)  with the exception of any insurances required by law, the Required Insurances shall:

(i)  subject to clause 31.1(b)(v), name the Service Provider as co-insured with any other party maintaining the insurance;

(ii)  provide for non-vitiation protection in respect of any claim made by the Authority as co-insured in accordance with Endorsement 2 in Part 2 of Schedule 21 (Insurance Matters);

(iii)  contain a clause waiving the insurers' subrogation rights against the Authority, its employees and agents in accordance with Endorsement 2 in Part 2 of Schedule 21 (Insurance Matters);

(iv)  provide for thirty (30) days prior written notice of their cancellation, non renewal or amendment to be given to the Authority in accordance with Endorsement 1 in Part 2 of Schedule 21 (Insurance Matters); and

(v)  wherever possible, name the Authority as a co-insured for its separate interest;

(c)  the Service Provider shall provide to the Authority:

(i)  copies on request of all Required Insurance policies (together with any other information reasonably requested by the Authority relating to such insurance policies) and the Authority shall be entitled to inspect them during ordinary business hours; and

(ii)  evidence that the premiums payable under all insurance policies have been paid and that the insurances are in full force and effect in accordance with the requirements of this clause 31.1 and Schedule 21 (Insurance Matters);

(d)  renewal certificates in relation to the Required Insurances shall be obtained as and when necessary and copies (certified in a manner acceptable to the Authority) shall be forwarded to the Authority as soon as possible but in any event on or before the renewal date;

(e)  if the Service Provider fails to take out and maintain (or procure the maintenance of) the Required Insurances, the Authority may pay any premiums required to keep such insurance in force or itself procure such insurance and may, in either case, recover such amounts from the Service Provider on written demand;

(f)  the Service Provider shall give the Authority notification within thirty (30) days after any claim in excess of [♦] pounds (£[♦]) (indexed) on any of the Required Insurances policies accompanied by full details of the incident giving rise to the claim;

(g)  neither failure to comply nor full compliance with the insurance provisions of this Contract shall limit or relieve the Service Provider of its liabilities and obligations under this Contract;

(h)  the insurance premiums in respect of the Required Insurances and any other insurances required by Legislation shall be the responsibility of the Service Provider; and

(i)  the Required Insurances shall be effected with insurers approved by the Authority, such approval not to be unreasonably withheld or delayed.