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, PHS (Bermuda) and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party that first discovers such oversight or incorrect act as a result of the misunderstanding will notify the other parties in writing promptly upon discovery of the misunderstanding or oversight. The parties shall act to correct the error, omission or oversight within twenty (20) calendar days of notification of the problem. This Section 3.4 shall not be construed as a waiver by any party of its right to enforce strictly the terms of this Agreement.

Appears in 1 contract

Samples: Reinsurance Agreement (Physicians Health Services Inc)

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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, PHS (Bermuda) Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party that first discovers such oversight or incorrect act as a result of the misunderstanding will notify the other parties party in writing promptly upon discovery of the misunderstanding or oversight. The parties shall act to correct the error, omission or oversight within twenty (20) calendar days of notification of the problem. This Section 3.4 shall not be construed as a waiver by any either party of its right to enforce strictly the terms of this Agreement.

Appears in 1 contract

Samples: Reinsurance Agreement (Physicians Health Services Inc)

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, PHS (Bermuda) Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party that first discovers such oversight or incorrect act as a result of the misunderstanding will notify the other parties in writing promptly upon discovery of the misunderstanding or oversight. The parties shall act to correct the error, omission or oversight within twenty (20) calendar days of notification of the problem. This Section 3.4 shall not be construed as a waiver by any party of its right to enforce strictly the terms of this Agreement.

Appears in 1 contract

Samples: Reinsurance Agreement (Physicians Health Services Inc)

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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, PHS (Bermuda) Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party that first discovers such oversight or incorrect act as a result of the misunderstanding will notify the other parties party in writing promptly upon discovery of the misunderstanding or oversight. The parties shall act to correct the error, omission or oversight within twenty (20) calendar days of notification of the problem. This Section 3.4 shall not be construed as a waiver by any either party of its right to enforce strictly the terms of this Agreement.

Appears in 1 contract

Samples: Reinsurance Agreement (Physicians Health Services Inc)

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