Common use of EXTRACONTRACTUAL DAMAGES Clause in Contracts

EXTRACONTRACTUAL DAMAGES. The Reinsurer will not participate in and shall not be liable to pay the Ceding Company or others for any amounts in excess of the Reinsurer's share of the net amount at risk on the mortality risk reinsured hereunder, including extracontractual damages or liabilities and related expenses and fees. Extracontractual damages are any damages awarded against the Ceding Company, including, for example, those resulting from negligence, reckless or intentional conduct, fraud, oppression, or bad faith committed by the Ceding Company in connection with the mortality risk insurance reinsured under this Agreement. The excluded extracontractual damages shall include, by way of example and not 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;