EXTRA-CONTRACTUAL DAMAGES. We will not be liable for nor will we pay any extra contractual damages, including but not limited to consequential, compensatory, exemplary or punitive damages which are awarded against you, or which you pay voluntarily, in settlement of a dispute or claim where damages were awarded as the result of any direct or indirect act, omission or course of conduct undertaken by you, your agents or representatives, in connection with any aspect of the policies reinsured under this Agreement. We recognize that special circumstances may arise in which we should participate to the extent permitted by law in certain assessed damages. These circumstances are difficult to describe or define in advance but could include those situations in which we were an active party in the act, omission or course or conduct, which ultimately resulted in the assessment of the damages. The extent of our participation is dependent upon a good-faith assessment of the relative culpability in each case; but all factors being equal, the division of any such assessment would generally be in the same proportion of the net liability accepted by each party.
Appears in 7 contracts
Samples: Automatic Reinsurance Agreement (Usl Separate Account Usl Vl-R), Automatic Reinsurance Agreement (Agl Separate Account Vl-R), Automatic Reinsurance Agreement (Usl Separate Account Usl Vl-R)
EXTRA-CONTRACTUAL DAMAGES. We You will not be liable for nor will we you pay any extra contractual damages, including but not limited to consequential, compensatory, exemplary or punitive damages which are awarded against youus, or which you we pay voluntarily, in settlement of a dispute or claim where damages were awarded as the result of any direct or indirect act, omission or course of conduct undertaken by youus, your our agents or representatives, in connection with any aspect of the policies reinsured under this Agreement. We You recognize that special circumstances may arise in which we you should participate to the extent permitted by law in certain assessed damages. These circumstances are difficult to describe or define in advance but could include those situations in which we you were an active party in the act, omission or course or conduct, of conduct which ultimately resulted in the assessment of the damages. The extent of our your participation is dependent upon a good-faith assessment of the relative culpability in each case; but all factors being equal, the division of any such assessment would generally be in the same proportion of the net liability accepted by each party.
Appears in 2 contracts
Samples: Novation Agreement (Nassau Life Variable Universal Life Account), Automatic Reinsurance Agreement (Nassau Life Variable Universal Life Account)
EXTRA-CONTRACTUAL DAMAGES. We will not be liable for nor will we pay any extra contractual damages, including but not limited to consequential, compensatory, exemplary or punitive damages which are awarded against you, or which you pay voluntarily, in settlement of a dispute or claim where damages were awarded as the result of any direct or indirect act, omission or course of conduct undertaken by you, your agents or representatives, in connection with any aspect of the policies reinsured under this Agreement. We recognize that special circumstances may arise in which we should participate to the extent permitted by law in certain assessed damages. These circumstances are difficult to describe or define in advance but could include those situations in which we were an active party in the act, omission or course or conduct, of conduct which ultimately resulted in the assessment of the damages. The extent of our participation is dependent upon a good-faith assessment of the relative culpability in each case; but all factors being equal, the division of any such assessment would generally be in the same proportion of the net liability accepted by each party.. ARTICLE IX - ARBITRATION
Appears in 1 contract
Samples: Automatic Reinsurance Agreement (Nationwide Provident Vli Separate Account A)
EXTRA-CONTRACTUAL DAMAGES. We will not be liable for nor will we pay any extra contractual damages, including but not limited to consequential, compensatory, exemplary or punitive damages which are awarded against you, or which you pay voluntarily, in settlement of a dispute or claim where damages were awarded as the result of any direct or indirect act, omission or course of conduct undertaken by you, your agents or representatives, in connection with any aspect of the policies reinsured under this Agreement. We recognize that special circumstances may arise in which we should participate to the extent permitted by law in certain assessed damages. These circumstances are difficult to describe or define in advance but could would include only those situations in which we were an active party in the act, omission or course or conduct, of conduct which ultimately resulted in the assessment of the damages. The extent of our participation is dependent upon a good-faith assessment of the relative culpability in each case; but all factors being equal, the division of any such assessment would generally be in the same proportion of the net liability accepted by each party.
Appears in 1 contract
Samples: Reinsurance Agreement (Travelers Fund Ul for Variable Life Insurance)
EXTRA-CONTRACTUAL DAMAGES. We will not be liable for nor will we pay any extra contractual damages, ; including but not limited to consequential, compensatory, exemplary or punitive damages which are awarded against you, or which you pay voluntarily, in settlement of a dispute or claim where damages were awarded as the result of any direct or indirect act, omission or course of conduct undertaken by you, your agents or representatives, in connection with any aspect of the policies reinsured under this Agreement. We recognize that special circumstances may arise in which we should participate to the extent permitted by law in certain assessed damages. These circumstances are difficult to describe or define in advance but could include those situations in which we were an active party in the act, omission or course or conduct, of conduct which ultimately resulted in the assessment of the damages. The extent of our participation is dependent upon a good-faith assessment of the relative culpability in each case; , but all factors being equal, the division of any such assessment would generally be in the same proportion of the net liability accepted by each party.. ARTICLE IX - ARBITRATION
Appears in 1 contract
Samples: Automatic Reinsurance Agreement (Nationwide Provident Vli Separate Account 1)
EXTRA-CONTRACTUAL DAMAGES. We will not be liable for nor will we pay any extra extra-contractual damages, including but not limited to consequential, compensatory, exemplary or punitive damages which are awarded against you, or which you pay voluntarily, in settlement of a dispute or claim where damages were awarded as the result of any direct or indirect act, omission or course of conduct undertaken by you, your agents or representatives, in connection with any aspect of the policies reinsured under this Agreement. We recognize that special circumstances may arise in which we should participate to the extent permitted by law in certain assessed damages. These circumstances are difficult to describe or define in advance but could include those situations in which we were an active party in the act, omission or course or conduct, of conduct which ultimately resulted in the assessment of the damages. The extent of our participation is dependent upon a good-faith assessment of the relative culpability in each case; but all factors being equal, the division of any such assessment would generally be in the same proportion of the net liability accepted by each party.
Appears in 1 contract
Samples: Automatic Reinsurance Agreement (Union Security Insurance Co Variable Account C)