Common use of Misunderstandings and Oversights Clause in Contracts

Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or an act resulting from such misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within twenty (20) Business Days of such other party’s receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Agreement.

Appears in 3 contracts

Samples: Aggregate Loss Portfolio Reinsurance Agreement, Aggregate Loss Portfolio Reinsurance Agreement (Assured Guaranty LTD), Retrocession Agreement (Assured Guaranty LTD)

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Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurredoccurred and the reinsurance provided hereunder shall not be invalidated. The party first discovering such misunderstanding or oversight, or an act resulting from such the misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within twenty (20) Business Days of such other party’s receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Agreement.

Appears in 3 contracts

Samples: Coinsurance Agreement (Usf&g Corp), Coinsurance Agreement (Keyport Life Insurance Co), Coinsurance Agreement (Liberty Financial Companies Inc /Ma/)

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Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Agreement is unintentional and caused by misunderstanding or oversight, the Company Reinsured and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or an act resulting from such misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within twenty (20) Business Days of such other party’s 's receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Agreement.

Appears in 2 contracts

Samples: Aggregate Loss Portfolio Reinsurance Agreement (OneBeacon Insurance Group, Ltd.), Aggregate Loss Portfolio Reinsurance Agreement (White Mountains Insurance Group LTD)

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