8  Professional Indemnity Insurance

8.1  Without prejudice to its obligations under this Deed, or otherwise at law, the Independent Certifier shall maintain professional indemnity insurance with a limit of indemnity of not less than [ten million pounds (£10,000,000)]11 for any one claim in respect of any neglect, error or omission on the Independent Certifier's part in the performance of its obligations under this Deed for the period commencing on the date of this Deed and expiring twelve (12) years after:

(a)  the date of final certification of the Works; or

(b)  the termination of this Deed,

whichever is the earlier, provided that such insurance is available in the market place at commercially reasonable rates.

8.2  The Independent Certifier shall maintain such insurance with reputable insurers carrying on business in the United Kingdom.

8.3  Any increased or additional premium required by insurers by reason of the Independent Certifier's own claims record or other acts, omissions, matters or things particular to the Independent Certifier shall be deemed to be within commercially reasonable rates.

8.4  The Independent Certifier shall as soon as reasonably practicable inform the Service Provider and the Authority if such insurance ceases to be available at commercially reasonable rates in order that the Independent Certifier and the Service Provider and the Authority can discuss means of best protecting the respective positions of the Service Provider and the Authority and the Independent Certifier in respect of the Project in the absence of such insurance.

8.5  The Independent Certifier shall fully co-operate with any measures reasonably required by the Service Provider and the Authority including (without limitation) completing any proposals for insurance and associated documents, maintaining such insurance at rates above commercially reasonable rates if the Service Provider and the Authority undertake in writing to reimburse the Independent Certifier in respect of the net cost of such insurance to the Independent Certifier above commercially reasonable rates.

8.6  The Independent Certifier shall, prior to commencing the provision of the Services and as soon as reasonably practicable following renewal dates, produce for inspection by the Service Provider and the Authority documentary evidence that such insurance is being properly maintained.

8.7  The above obligations in respect of professional indemnity insurance shall continue notwithstanding termination of this Deed for any reason whatsoever, including (without limitation) breach by the Service Provider and the Authority.

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11  Authority to take advice from insurance advisors on appropriate level of PII cover for the scheme.