Common use of EXTRA-CONTRACTUAL DAMAGES Clause in Contracts

EXTRA-CONTRACTUAL DAMAGES. In no event will the Reinsurer have any liability for any extra-contractual damages, which are awarded against the Ceding Company as a result of acts, omissions, or course of conduct committed solely by the Ceding Company with no involvement of the Reinsurer in connection with the insurance reinsured under this Agreement. Single Life Excess Pool Between HLIC and RGA Effective 11/01/2002 Fac / 12/01/2002 Auto The Reinsurer will, however, pay its share of punitive and/or compensatory damages and/or statutory penalties awarded against the Ceding Company in connection with benefits reinsured under this Agreement if the Reinsurer agreed, in advance and in writing, to the act or course of conduct of the Ceding Company that resulted in the assessment of such damages. The Reinsurer shall also have five (5) working days to respond to any request for concurrence in a proposed course of conduct. The Reinsurer does recognize that circumstances may arise under which the Reinsurer, in equity, should share, to the extent permitted by law, in paying certain assessed damages. Such circumstances are difficult to define in advance, but by example may involve those situations in which the Reinsurer was an active party in the act, omission, or course of conduct that ultimately results in the assessment of such damages. The extent of such sharing is dependent on good faith assessment of culpability in each case, but all factors being equal, the division of any such assessment would be in the proportion of Total Net Amount at Risk (as defined in Schedule B) accepted by each party for the plan of insurance involved.

EXTRA-CONTRACTUAL DAMAGES. In no event will the Reinsurer have any liability for any extra-contractual damages, which are awarded against the Ceding Company as a result of acts, omissions, or course of conduct committed solely by the Ceding Company with no involvement of the Reinsurer in connection with the insurance reinsured under this Agreement. Single Life Excess Pool Between HLIC and RGA Effective 11/01/2002 Fac / 12/01/2002 Auto The Reinsurer will, however, pay its share of punitive and/or compensatory damages and/or statutory penalties awarded against the Ceding Company in connection with benefits reinsured under this Agreement if the Reinsurer agreed, in advance and in writing, to the act or course of conduct of the Ceding Company that resulted in the assessment of such damages. The Last Survivor Excess Pool Between HLAIC and RGA Effective 03/01/2004 Reinsurer shall also have five (5) working days to respond to any request for concurrence in a proposed course of conduct. The Reinsurer does recognize that circumstances may arise under which the Reinsurer, in equity, should share, to the extent permitted by law, in paying certain assessed damages. Such circumstances are difficult to define in advance, but by example may involve those situations in which the Reinsurer was an active party in the act, omission, or course of conduct that ultimately results in the assessment of such damages. The extent of such sharing is dependent on good faith assessment of culpability in each case, but all factors being equal, the division of any such assessment would be in the proportion of Total Net Amount at Risk (as defined in Schedule B) accepted by each party for the plan of insurance involved.

EXTRA-CONTRACTUAL DAMAGES. In no event will the Reinsurer have any liability for any extra-contractual damages, which are awarded against the Ceding Company as a result of acts, omissions, or course of conduct committed solely by the Ceding Company with no involvement of the Reinsurer in connection with the insurance reinsured under this Agreement. Single Life Excess Enhanced Standard Pool Between HLIC HLAIC and RGA Effective 11/01/2002 Fac / 12/01/2002 Auto 12 The Reinsurer will, however, pay its share of punitive and/or compensatory damages and/or statutory penalties awarded against the Ceding Company in connection with benefits reinsured under this Agreement if the Reinsurer agreed, in advance and in writing, to the act or course of conduct of the Ceding Company that resulted in the assessment of such damages. The Reinsurer shall also have five (5) working days to respond to any request for concurrence in a proposed course of conduct. The Reinsurer does recognize that circumstances may arise under which the Reinsurer, in equity, should share, to the extent permitted by law, in paying certain assessed damages. Such circumstances are difficult to define in advance, but by example may involve those situations in which the Reinsurer was an active party in the act, omission, or course of conduct that ultimately results in the assessment of such damages. The extent of such sharing is dependent on good faith assessment of culpability in each case, but all factors being equal, the division of any such assessment would be in the proportion of Total Net Amount at Risk (as defined in Schedule B) accepted by each party for the plan of insurance involved.

EXTRA-CONTRACTUAL DAMAGES. In no event will the Reinsurer have any liability for any extra-contractual damages, which are awarded against the Ceding Company as a result of acts, omissions, or course of conduct committed solely by the Ceding Company with no involvement of the Reinsurer in connection with the insurance reinsured under this Agreement. Single Life Excess Enhanced Standard Pool Between HLIC and RGA Effective 11/01/2002 Fac / 12/01/2002 Auto 12 The Reinsurer will, however, pay its share of punitive and/or compensatory damages and/or statutory penalties awarded against the Ceding Company in connection with benefits reinsured under this Agreement if the Reinsurer agreed, in advance and in writing, to the act or course of conduct of the Ceding Company that resulted in the assessment of such damages. The Reinsurer shall also have five (5) working days to respond to any request for concurrence in a proposed course of conduct. The Reinsurer does recognize that circumstances may arise under which the Reinsurer, in equity, should share, to the extent permitted by law, in paying certain assessed damages. Such circumstances are difficult to define in advance, but by example may involve those situations in which the Reinsurer was an active party in the act, omission, or course of conduct that ultimately results in the assessment of such damages. The extent of such sharing is dependent on good faith assessment of culpability in each case, but all factors being equal, the division of any such assessment would be in the proportion of Total Net Amount at Risk (as defined in Schedule B) accepted by each party for the plan of insurance involved.

EXTRA-CONTRACTUAL DAMAGES. In no event will the Reinsurer have any liability for any extra-contractual damages, which are awarded against the Ceding Company as a result of acts, omissions, or course of conduct committed solely by the Ceding Company with no involvement of the Reinsurer in connection with the insurance reinsured under this Agreement. Single Life Excess Pool Between HLIC HLAIC and RGA Effective 11/01/2002 Fac / 12/01/2002 Auto The Reinsurer will, however, pay its share of punitive and/or compensatory damages and/or statutory penalties awarded against the Ceding Company in connection with benefits reinsured under this Agreement if the Reinsurer agreed, in advance and in writing, to the act or course of conduct of the Ceding Company that resulted in the assessment of such damages. The Reinsurer shall also have five (5) working days to respond to any request for concurrence in a proposed course of conduct. The Reinsurer does recognize that circumstances may arise under which the Reinsurer, in equity, should share, to the extent permitted by law, in paying certain assessed damages. Such circumstances are difficult to define in advance, but by example may involve those situations in which the Reinsurer was an active party in the act, omission, or course of conduct that ultimately results in the assessment of such damages. The extent of such sharing is dependent on good faith assessment of culpability in each case, but all factors being equal, the division of any such assessment would be in the proportion of Total Net Amount at Risk (as defined in Schedule B) accepted by each party for the plan of insurance involved.

EXTRA-CONTRACTUAL DAMAGES. In no event will the Reinsurer have any liability for any extra-contractual damages, which are awarded against the Ceding Company as a result of acts, omissions, or course of conduct committed solely by the Ceding Company with no involvement of the Reinsurer in connection with the insurance reinsured under this Agreement. Single Life Excess Pool Between HLIC and RGA Effective 11/01/2002 Fac / 12/01/2002 Auto The Reinsurer will, however, pay its share of punitive and/or compensatory damages and/or statutory penalties awarded against the Ceding Company in connection with benefits reinsured under this Agreement if the Reinsurer agreed, in advance and in writing, to the act or course of conduct of the Ceding Company that resulted in the assessment of such damages. The Last Survivor Excess Pool Between HLIC and RGA Effective 03/01/2004 Reinsurer shall also have five (5) working days to respond to any request for concurrence in a proposed course of conduct. The Reinsurer does recognize that circumstances may arise under which the Reinsurer, in equity, should share, to the extent permitted by law, in paying certain assessed damages. Such circumstances are difficult to define in advance, but by example may involve those situations in which the Reinsurer was an active party in the act, omission, or course of conduct that ultimately results in the assessment of such damages. The extent of such sharing is dependent on good faith assessment of culpability in each case, but all factors being equal, the division of any such assessment would be in the proportion of Total Net Amount at Risk (as defined in Schedule B) accepted by each party for the plan of insurance involved.