20.4  Insurance obligations are primary

(a)  The insurances required to be taken out and maintained by the Participants under this Agreement are primary and not secondary to the indemnities referred to in this clause 20. However, a Participant is not obliged to make a claim or institute proceedings against any insurer under those insurances before enforcing any of its rights or remedies under the indemnities referred to in this Agreement, or generally. In addition, the Participants acknowledge that if a claim is made under any of those insurances by a Participant, it is their intention that the insurer cannot require the Participant to exhaust any indemnities referred to in this Agreement before the insurer considers or meets the relevant claim.

(b)  The Participants acknowledge that regardless of whether the insurances required to be taken out and maintained by the Participants under this Agreement respond or not, and regardless of the reason why those insurances respond or fail to respond, the Participants are not released (in whole or in part), from any of their obligations under the indemnities referred to in this Agreement, or generally.