Oversights. Inadvertent delays, oversights, errors or omissions made in connection with this Agreement or any transaction hereunder shall not relieve either Party from any liability that would have attached had such delay, oversight, error or omission not occurred. The Parties shall nevertheless cooperate in good faith to rectify such delay, oversight, error or omission as soon as possible after discovery so that both Parties shall be restored as closely as possible to the positions they would have occupied if no delay, oversight, error or omission had occurred.
Appears in 20 contracts
Samples: Coinsurance Agreement (Farmers Annuity Separate Account A), Coinsurance Agreement (Metropolitan Tower Separate Account Two), Coinsurance Agreement (Metropolitan Life Separate Account E)
Oversights. Inadvertent delays, oversights, errors errors, or omissions made in connection with this Agreement or any transaction hereunder shall not relieve either Party from any liability that would have attached had such delay, oversight, error error, or omission not occurred. The Parties shall nevertheless cooperate in good faith to rectify such delay, oversight, error error, or omission as soon as possible after discovery so that both Parties shall be restored as closely as possible to the positions they would have occupied if no delay, oversight, error error, or omission had occurred.
Appears in 11 contracts
Samples: Assumption Reinsurance Agreement (SEPARATE ACCOUNT EQ OF VENERABLE INSURANCE & ANNUITY Co), Assumption Reinsurance Agreement (Equitable America Variable Account No.70A), Assumption Reinsurance Agreement (Separate Account No. 49B)
Oversights. Inadvertent delays, oversights, errors or omissions made in connection with this Agreement or any transaction hereunder shall not relieve either Party party from any liability that which would have attached had such delay, oversight, error or omission not occurred. The Parties shall nevertheless cooperate in good faith to rectify , provided always that such delay, oversight, error or omission is rectified as soon as possible after discovery so discovery, and provided that both Parties shall be restored as closely as possible to the positions they would have occupied if no delay, oversight, party Table of Contents making such error or omission had occurredor responsible for such delay shall be responsible for any additional liability which attaches as a result. However, this Section 5.01 shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Agreement.
Appears in 1 contract
Samples: Indemnity Reinsurance Agreement
Oversights. Inadvertent delays, oversights, errors or omissions made in connection with this Agreement or any transaction hereunder shall not relieve either Party from any liability that would have attached had such delay, oversight, error or omission not occurred;. The Parties shall nevertheless cooperate in good faith to rectify such delay, oversight, error or omission as soon as possible after discovery so that both Parties shall be restored as closely as possible to the positions they would have occupied if no delay, oversight, error or omission had occurred.
Appears in 1 contract
Samples: Coinsurance Agreement (Prudential Annuities Life Assurance Corp/Ct)
Oversights. Inadvertent delays, oversights, errors or omissions made in connection with this Agreement or any transaction hereunder shall not relieve either Party from any liability that would have attached had such delay, oversight, error or omission not occurred. The Parties shall nevertheless cooperate in good faith to rectify such delay, oversight, error or omission as soon as possible after discovery so that both Parties shall be restored as closely as possible to the positions they would have occupied if no delay, oversight, error or omission had occurred, including complying with the provisions of Section 3.4.
Appears in 1 contract
Samples: Reinsurance Agreement (Farmers Annuity Separate Account A)