AND OMISSIONS. Inadvertent delays, errors or omissions made in connection with this Agreement shall not relieve either party from any liability which would have attached had such delays, errors or omissions not occurred, provided always that such delays, errors or omissions shall be rectified as soon as possible after discovery.
AND OMISSIONS. Whilst every endeavour has been made to include all contingencies, the Hirer cannot be held responsible for any errors and omissions arising from circumstances beyond its control.
AND OMISSIONS. Any inadvertent delay, omission or error shall not be held to relieve either party hereto from any liability which would attach to it hereunder if such delay, omission or error had not been made. Such delay, omission or error shall be rectified immediately upon discovery.
AND OMISSIONS. The CONSULTANT shall be responsible for the accuracy of the services performed under this CONTRACT, and shall promptly make necessary revisions or corrections to its services resulting from its negligent acts, its errors or its omissions without additional compensation. The CONSULTANT shall give immediate attention to these revisions or corrections to prevent or minimize delay to the PROJECT. The CONSULTANT shall be responsible to the DEPARTMENT for any losses to or costs to repair or remedy as a result of the CONSULTANT'S negligent acts, errors, or omissions.
AND OMISSIONS. Any inadvertent delay, error or omission shall not be held to relieve either party hereto from any liability which would attach to it hereunder if such delay, error or omission had not been made, provided such omission or error is rectified upon discovery. The party first discovering such error or act resulting from the error will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such error within [number (#)] days of receipt of such. Exercise of the remedy provided in this paragraph shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Agreement.
AND OMISSIONS. If any failure of either party hereto to comply with any provision of this Agreement is shown to have been unintentional, and if such party promptly takes appropriate steps to cure such failure, such party shall not be deemed by reason of such failure to be in breach of its obligations under this Agreement. The failure of either party to make any remittance to the other required by this Agreement shall not be deemed to be a breach of this Agreement if cured within five (5) business days after written notice of the party to receive such remittance that such remittance is due and unpaid, unless such notice is the third or greater such notice given in any one calendar year. Such notice will be effective upon receipt.
AND OMISSIONS. 1. The List of Risks Reinsured is the basis for the reinsurance coverage provided by Reinsurer for the respective calendar year on the reinsurance in force at the beginning of that year Any unintentional clerical error or omission in the amounts reinsured shall not be corrected during the current calendar year but will be reflected in the List of Risks Reinsured for the subsequent calendar year, unless by such error or omission
a. any risk not eligible for reinsurance under this Agreement is shown as reinsured, or
b. the amount retained by the ceding Company exceeds its retention at issue (Exhibit II) by more than $5,000 or
c. the benefits reinsured by Reinsurer and other reinsurers exceed the benefits insured under the policy less the Ceding Company’s retention thereon, if any, or
d. the amount of any benefit reinsured by Reinsurer exceeds 125% of the corresponding amount during the preceding calendar year, or
e. the amount of any benefit reinsured by Reinsurer exceeds the Automatic Coverage (Exhibit III).
2. In those cases described in Paragraph 1, Reinsurer shall be notified in writing and the reinsurance shall be corrected retroactively. Correction of the reinsurance premium will be accounted for in the List of Amendments applicable to the calendar year in which the error was discovered. The Ceding Company shall also check its entire reinsured portfolio for similar discrepancies.
3. Any other failure of either party to comply with any provision of this Agreement, if shown to be unintentional and the result of misunderstanding or oversight, shall be corrected by restoring both parties to the positions they would have occupied had no such error or oversight occurred.
AND OMISSIONS. The position of either party to this Agreement shall not be prejudiced by any error or omission in reporting cessions or cancellations of premiums, commissions, losses, loss adjustment expenses or other underwriting expenses under this Agreement, or in claiming payments collectible hereunder for whatever cause.
AND OMISSIONS. Inadvertent delays, errors or omissions made by PIC in connection with this Contract shall not relieve CUMIS from any liability which would have attached had such delay, error or omission not occurred, provided always that such delay, error or omission shall be rectified as soon as possible after discovery by PIC.
AND OMISSIONS. This Agreement shall not be abrogated by the failure of either the Ceding Company or the Reinsurer to comply with any of the terms of this Agreement if it is shown that said failure was unintentional and the result of a misunderstanding, oversight or clerical error on the part of either the Ceding Company or the Reinsurer. Both parties shall be returned to the position they would have occupied had no such oversight, misunderstanding or clerical error occurred. This provision shall not apply if the Ceding Company fails to notify the Reinsurer in writing of its unconditional acceptance of an offer for reinsurance made by the Reinsurer upon receipt of a facultative application from the Ceding Company. This provision shall cease five years after the termination of the last policy known to be reinsured under this agreement.
