Common use of EXTRACONTRACTUAL DAMAGES Clause in Contracts

EXTRACONTRACTUAL DAMAGES. Except as explicitly provided in this Paragraph 14(g.), REINSURER will not participate in and shall not be liable to reimburse CEDING COMPANY or others for any amounts in excess of REINSURER's share of the Reinsurance Risk Amount, including extra-contractual damages or liabilities and related expenses and fees. Extra-contractual damages are any damages awarded against CEDING COMPANY, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by CEDING COMPANY in connection with the mortality risk insurance reinsured under this Agreement. For purposes of this agreement, the term "extra-contractual damages" shall include, by way of example and not by limitation: i. actual and consequential damages; ii. damages for emotional distress or oppression; iii. punitive, exemplary or compensatory damages; iv. statutory damages, fines, or penalties; v. amounts in excess of the risk reinsured hereunder that CEDING COMPANY pays to settle a dispute or claim; vi. third-party attorney fees, costs and expenses. REINSURER will reimburse CEDING COMPANY for CEDING COMPANY's extra-contractual damages that result from REINSURER's actions that directly and proximately cause such extra-contractual damages. Any such reimbursement will be in proportion to REINSURER's direct and proximate participation in the actions that lead to the extra-contractual damages.

EXTRACONTRACTUAL DAMAGES. Except as explicitly provided in this Paragraph 14(g.), REINSURER will not participate in and shall not be liable to reimburse CEDING COMPANY or others for any amounts in excess of REINSURER's share of the Reinsurance Risk Amount, including extra-contractual damages or liabilities and related expenses and fees. Extra[terms of extra-contractual damages are any damages awarded against CEDING COMPANY, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by CEDING COMPANY in connection with the mortality risk insurance reinsured under this Agreement. redacted] For purposes of this agreement, the term "extra-contractual damages" shall include, by way of example and not by limitation: i. actual and consequential damages; ii. damages for emotional distress or oppression; iii. punitive, exemplary or compensatory damages; iv. statutory damages, fines, or penalties; v. amounts in excess of the risk reinsured hereunder that CEDING COMPANY pays to settle a dispute or claim; vi. third-party attorney fees, costs and expenses. REINSURER will reimburse CEDING COMPANY for CEDING COMPANY's extra-contractual damages that result from REINSURER's actions that directly and proximately cause such extra-contractual damages. Any such reimbursement will be in proportion to REINSURER's direct and proximate participation in the actions that lead to the extra-contractual damages.

EXTRACONTRACTUAL DAMAGES. Except as explicitly provided in this Paragraph 14(g14(f.), REINSURER will not participate in and shall not be liable to reimburse CEDING COMPANY FORTIS BENEFITS or others for any amounts in excess of the REINSURER's ’s share of the Reinsurance Risk Amount, including extra-contractual damages or liabilities and related expenses and fees. Extra-contractual damages are any damages awarded against CEDING COMPANYFORTIS BENEFITS, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by CEDING COMPANY FORTIS BENEFITS in connection with the mortality risk insurance reinsured under this Agreement. For purposes of this agreement, the term "“extra-contractual damages" ” shall include, by way of example and not by limitation: i. actual and consequential damages; ii. damages for emotional distress or oppression; iii. punitive, exemplary or compensatory damages; iv. statutory damages, fines, or penalties; v. amounts in excess of the risk reinsured hereunder that CEDING COMPANY FORTIS BENEFITS pays to settle a dispute or claim; ; vi. third-party attorney fees, costs and expenses. REINSURER will reimburse CEDING COMPANY for CEDING COMPANY's extra-contractual damages that result from REINSURER's actions that directly and proximately cause such extra-contractual damages. Any such reimbursement will be in proportion to REINSURER's direct and proximate participation in the actions that lead to the extra-contractual damages.

EXTRACONTRACTUAL DAMAGES. Except as explicitly provided in this Paragraph 14(g.), REINSURER The Reinsurer will not participate in and shall will not be liable to reimburse CEDING COMPANY pay the Ceding Company or others for any amounts in excess of REINSURERthe Reinsurer's share of the Reinsurance Risk Amount, including extra-contractual Net Amount at Risk. Extracontractual damages or liabilities and related expenses and feesfees are specifically excluded from the reinsurance coverage provided under this Agreement. Extra-contractual Extracontractual damages are any damages awarded against CEDING COMPANYthe Ceding Company, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by CEDING COMPANY the Ceding Company in connection with the mortality risk insurance reinsured under this Agreement. For purposes of this agreement, the term "extra-contractual damages" shall The excluded extracontractual damages will include, by way of example and not by limitation: i. actual Actual and consequential damages; ii. damages Damages for emotional distress or oppression; iii. punitivePunitive, exemplary or compensatory damages; iv. statutory Statutory damages, fines, or penalties; v. amounts Amounts in excess of the risk reinsured hereunder that CEDING COMPANY the Ceding Company pays to settle a dispute or claim; vi. thirdThird-party attorney fees, costs and expenses. REINSURER However, for claim denials and rescissions, the Reinsurer will reimburse CEDING COMPANY the Ceding Company for CEDING COMPANYthe Ceding Company's extra-contractual extracontractual damages that result from REINSURERthe Reinsurer's actions that directly and proximately cause such extra-contractual extracontractual damages. Any such reimbursement will be in proportion to REINSURERthe Reinsurer's direct and proximate participation in the actions that lead to the extra-contractual extracontractual damages.

EXTRACONTRACTUAL DAMAGES. Except as explicitly provided in this Paragraph 14(g.), REINSURER The Reinsurer will not participate in and shall not be liable to reimburse CEDING COMPANY pay the Ceding Company or others for any amounts extracontractual damages that are awarded against the Ceding Company as a result of an act, omission or course of conduct committed by the Ceding Company in excess connection with policies reinsured under this agreement, except that the parties to this agreement recognize that circumstances may arise in which equity would require the Reinsurer, to the extent permitted by law, to share proportionately in certain assessed damages. Such circumstances are difficult to define in advance, but generally would be those situations in which the Reinsurer was an active party and directed, consented to, or ratified the act, omission or course of REINSURER's share conduct of the Reinsurance Risk AmountCeding Company which ultimately results in the assessment of extracontractual damages. In such situations, including extra-contractual the Ceding Company and the Reinsurer will share the liability for such damages or liabilities and related expenses and feesin equitable proportions. Extra-contractual Extracontractual damages are any damages awarded against CEDING COMPANYthe Ceding Company, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by CEDING COMPANY the Ceding Company in connection with the mortality risk insurance reinsured under this Agreement. For purposes of this agreement, the term "extra-contractual damages" Extracontractual damages shall include, by way of example and not by limitation: i. actual Actual and consequential damages; ii. damages Damages for emotional distress or oppression; iii. punitivePunitive, exemplary or compensatory damages; iv. statutory damages, fines, or penalties; v. amounts Amounts in excess of the risk reinsured hereunder that CEDING COMPANY the Ceding Company pays to settle a dispute or claim; vi. thirdv. Third-party attorney fees, costs and expenses. REINSURER The Reinsurer will reimburse CEDING COMPANY for CEDING COMPANY's extra-contractual damages that result from REINSURER's actions that directly and proximately cause such extra-contractual damages. Any such reimbursement will be pay its share of statutory penalties awarded against the Ceding Company in proportion to REINSURER's direct and proximate participation in the actions that lead to the extra-contractual damagesconnection with policies reinsured under this agreement.

EXTRACONTRACTUAL DAMAGES. Except as explicitly provided in this Paragraph 14(g.), REINSURER RENSURER will not participate in and shall not be liable to reimburse CEDING COMPANY or others for any amounts in excess of REINSURER's share of the Reinsurance Risk Amount, including extra-contractual damages or liabilities and related expenses and fees. Extra-contractual damages are any damages awarded against CEDING COMPANY, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by CEDING COMPANY in connection with the mortality risk insurance reinsured under this Agreement. For purposes of this agreement, the term "extra-contractual damages" shall include, by way of example and not by limitation: i. actual and consequential damages; ii. damages for emotional distress or oppression; iii. punitive, exemplary or compensatory damages; iv. statutory damages, fines, or penalties; v. amounts in excess of the risk reinsured hereunder that CEDING COMPANY pays to settle a dispute or claim; vi. third-party attorney fees, costs and expenses. REINSURER will reimburse CEDING COMPANY for CEDING COMPANY's extra-contractual damages that result from REINSURER's actions that directly and proximately cause such extra-contractual damages. Any such reimbursement will be in proportion to REINSURER's direct and proximate participation in the actions that lead to the extra-contractual damages.

EXTRACONTRACTUAL DAMAGES. Except as explicitly provided in this Paragraph 14(g.), REINSURER will not participate in and shall not be liable to reimburse CEDING COMPANY or others for any amounts in excess of REINSURER's share of the Reinsurance Risk Amount, including extra-contractual damages or liabilities and related expenses and fees. Extra-contractual damages are any damages awarded against CEDING COMPANY, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by CEDING COMPANY in connection with the mortality risk insurance reinsured under this Agreement. For purposes of this agreement, the term "extra-contractual damages" shall include, by way of example and not by limitation: i. actual and consequential damages; ii. damages for emotional distress or oppression; iii. punitive, exemplary or compensatory damages; iv. statutory damages, fines, or penalties; v. amounts in excess of the risk reinsured hereunder that CEDING COMPANY pays to settle a dispute or claim; vi. third-party attorney fees, costs and expenses. REINSURER will reimburse CEDING COMPANY for CEDING COMPANY's [terms of extra-contractual damages that result from REINSURER's actions that directly and proximately cause such extra-contractual damages. Any such reimbursement will be in proportion to REINSURER's direct and proximate participation in the actions that lead to the extra-contractual damages.redacted]

EXTRACONTRACTUAL DAMAGES. Except as explicitly provided in this Paragraph 14(g.), REINSURER The Reinsurer will not participate in and shall will not be liable to reimburse CEDING COMPANY pay the Ceding Company or others for any amounts in excess of REINSURERthe Reinsurer's share of the Reinsurance Risk Amount, including extra-contractual Net Amount at Risk. Extracontractual damages or liabilities and related expenses and feesfees are specifically excluded from the reinsurance coverage provided under this Agreement. Extra-contractual Extracontractual damages are any damages awarded against CEDING COMPANYthe Ceding Company, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by CEDING COMPANY the Ceding Company in connection with the mortality risk insurance reinsured under this Agreement. For purposes of this agreement, the term "extra-contractual damages" shall The excluded extracontractual damages will include, by way of example and not by limitation: i. actual Actual and consequential damages; ; ii. damages Damages for emotional distress or oppression; ; iii. punitivePunitive, exemplary or compensatory damages; ; iv. statutory Statutory damages, fines, or penalties; ; v. amounts Amounts in excess of the risk reinsured hereunder that CEDING COMPANY the Ceding Company pays to settle a dispute or claim; ; vi. thirdThird-party attorney fees, costs and expenses. REINSURER However, for claim denials and rescissions, the Reinsurer will reimburse CEDING COMPANY the Ceding Company for CEDING COMPANYthe Ceding Company's extra-contractual extracontractual damages that result from REINSURERthe Reinsurer's actions that directly and proximately cause such extra-contractual extracontractual damages. Any such reimbursement will be in proportion to REINSURERthe Reinsurer's direct and proximate participation in the actions that lead to the extra-contractual extracontractual damages.

EXTRACONTRACTUAL DAMAGES. Except as explicitly provided in this Paragraph 14(g.), REINSURER The Reinsurer will not participate in and shall not be liable to reimburse CEDING COMPANY pay the Ceding Company or others for any amounts in excess of REINSURER's the Reinsurer’s share of the Reinsurance Risk Amount, including extra-contractual net amount at risk on the mortality risk reinsured hereunder. Extracontractual damages or liabilities and related expenses and feesfees are specifically excluded from the reinsurance coverage provided under this Agreement. Extra-contractual Extracontractual damages are any damages awarded against CEDING COMPANYthe Ceding Company, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by CEDING COMPANY the Ceding Company in connection with the mortality risk insurance reinsured under this Agreement. For purposes of this agreement, the term "extra-contractual damages" The excluded extracontractual damages shall include, by way of example and not by limitation: i. actual Actual and consequential damages; ii. damages Damages for emotional distress or oppression; iii. punitive, Punitive exemplary or compensatory damages; iv. statutory Statutory damages, fines, or penalties; v. amounts Amounts in excess of the risk reinsured hereunder that CEDING COMPANY the Ceding Company pays to settle a dispute or claim; vi. thirdThird-party attorney fees, costs and expenses. REINSURER However, for claim denials and rescissions, the Reinsurer will reimburse CEDING COMPANY the Ceding Company for CEDING COMPANY's extra-contractual the Ceding Company’s extracontractual damages that result from REINSURER's the Reinsurer’s actions that directly and proximately cause such extra-contractual extracontractual damages. Any such reimbursement will be in proportion to REINSURER's the Reinsurer’s direct and proximate participation in the actions that lead to the extra-contractual extracontractual damages.