40.10  Uninsurable Risks

Nothing in this clause 40.10 shall oblige the Service Provider to take out insurance in respect of a risk which is Uninsurable save where the predominant cause of the risk being Uninsurable is any act(s) or omissions of the Service Provider or a Service Provider Party.  If however a risk which is to be insured against under the Required Insurances becomes Uninsurable, the Service Provider shall be in breach of this Agreement where it has caused the relevant risk to be Uninsurable which shall give rise to a right to terminate this Agreement for Service Provider Default.