Common use of Payment of Losses Clause in Contracts

Payment of Losses. Any loss or aggregate of losses sustained and payable by Ceder under the Policy, including costs, attorneys’ fees and expenses, which do not exceed the amount of Primary Loss Risk retained by Ceder shall be sustained and paid by Ceder without recourse to Reinsurer. Reinsurer’s liability and any loss or aggregate of losses payable by Reinsurer under Section 2 of this Agreement, including costs, attorneys’ fees and expenses, shall be the amount of Reinsurer’s proportionate share of the Secondary Loss Risk or Tertiary Loss Risk as shown in Schedule I that exceeds the Primary Loss Risk retained by Ceder. If the loss or aggregate of all losses under the Policy exceeds the amount thereof, Ceder shall pay that portion of the excess as the proportion of its retained Loss Risk, both Primary, Secondary, and Tertiary, bears to the amount of the Policy, and the balance of the excess shall be divided among the Reinsurers in the proportions that the amount assumed by each bears to the amount of the Policy. Notwithstanding anything stated in this Section, Ceder's retained Loss Risk, whether Primary, Secondary, Tertiary, or according to the preceding paragraph, shall not be reduced and Reinsurer's liability shall not be increased by the payment of any loss not assumed by Reinsurer under Section 2.

Payment of Losses. Any loss or aggregate of losses sustained and payable by Ceder under the Policy, its policy including costs, attorneys’ attorney’s fees and expenses, which do not exceed the amount of Primary Loss Risk retained by Ceder shall be sustained and paid by Ceder without recourse to the Reinsurer. Reinsurer’s liability and any loss or aggregate of losses payable by Reinsurer under Section 2 of this Agreementagreement, including costs, attorneys’ attorney’s fees and expenses, shall be the amount of Reinsurer’s proportionate share of the Secondary Loss Risk or Tertiary Loss Risk as shown in Schedule I that exceeds the Primary Loss Risk retained by Ceder. If the loss or aggregate of all losses under the Policy exceeds the amount thereof, the Ceder shall pay that portion of the excess as the proportion of its retained Loss Risk, both Primary, Primary and Secondary, and Tertiary, bears to the amount of the Policy, and the balance of the excess shall be divided among the Reinsurers in the proportions that the amount assumed by each bears to the amount of the Policy. Notwithstanding anything stated in this Section, Ceder's retained Loss Risk, whether Primary, Secondary, Tertiary, or according to the preceding paragraph, shall not be reduced and Reinsurer's liability shall not be increased by the payment of any loss not assumed by Reinsurer under Section 2.

Payment of Losses. Any loss or aggregate of losses sustained and payable by Ceder under the Policy, including costs, attorneys’ fees and expenses, which do not exceed the amount of Primary Loss Risk retained by Ceder shall be sustained and paid by Ceder without recourse to Reinsurer. Reinsurer’s liability and any loss or aggregate of losses payable by Reinsurer under Section 2 of this Agreement, including costs, attorneys’ fees and expenses, shall be the amount of Reinsurer’s proportionate share of the Secondary Loss Risk or Tertiary Loss Risk as shown in Schedule I that exceeds the Primary Loss Risk retained by Ceder. If the loss or aggregate of all losses under the Policy exceeds the amount thereof, Ceder shall pay that portion of the excess as the proportion of its retained Loss Risk, both Primary, Primary and Secondary, and Tertiary, bears to the amount of the Policy, and the balance of the excess shall be divided among the Reinsurers in the proportions that the amount assumed by each bears to the amount of the Policy. Notwithstanding anything stated in this Section, Ceder's ’s retained Loss Risk, whether Primary, Secondary, Tertiary, or according to the preceding paragraph, shall not be reduced and Reinsurer's ’s liability shall not be increased by the payment of any loss not assumed by Reinsurer under Section 2.

Payment of Losses. Any loss or aggregate of losses sustained and payable by Ceder under the Policy, including costs, attorneys’ fees and expenses, which do not exceed the amount of Primary Loss Risk retained by Ceder shall be sustained and paid by Ceder without recourse to Reinsurer. Reinsurer’s liability and any loss or aggregate of losses payable by Reinsurer under Section 2 of this Agreement, including costs, attorneys’ fees and expenses, shall be the amount of Reinsurer’s proportionate share of the Secondary Loss Risk or Tertiary Loss Risk as shown in Schedule I that exceeds the Primary Loss Risk retained by Ceder. If the loss or aggregate of all losses under the Policy exceeds the amount thereof, Ceder shall pay that portion of the excess as the proportion of its retained Loss Risk, both Primary, Primary and Secondary, and Tertiary, bears to the amount of the Policy, and the balance of the excess shall be divided among the Reinsurers in the proportions that the amount assumed by each bears to the amount of the Policy. Notwithstanding anything stated in this Section, Ceder's retained Loss Risk, whether Primary, Secondary, Tertiary, or according to the preceding paragraph, shall not be reduced and Reinsurer's liability shall not be increased by the payment of any loss not assumed by Reinsurer under Section 2.

Payment of Losses. Any loss or aggregate of losses sustained and payable by Ceder under the Policypolicy, including costs, attorneys’ fees and expenses, which do not exceed the amount of Primary Loss Risk retained by Ceder shall be sustained and paid by Ceder without recourse to Reinsurer. Reinsurer’s liability and any loss or aggregate of losses payable by Reinsurer under Section 2 of this Agreement, including costs, attorneys’ fees and expenses, shall be the amount of Reinsurer’s proportionate share of the Secondary Loss Risk or Tertiary Loss Risk as shown in Schedule I 1 that exceeds the Primary Loss Risk retained by Ceder. If the loss or aggregate of all losses under the Policy exceeds the amount thereof, Ceder shall pay that portion of the excess as the proportion of its retained Loss Risk, both Primary, Secondary, and Tertiary, bears to the amount of the Policy, and the balance of the excess shall be divided among the Reinsurers in the proportions that the amount assumed by each bears to the amount of the Policy. Notwithstanding anything stated in this the Section, Ceder's ’s retained Loss Risk, whether Primary, Secondary, Tertiary, or according to the preceding paragraph, shall not be reduced and Reinsurer's ’s liability shall not be increased by the payment of any loss not assumed by Reinsurer under Section 2.

Payment of Losses. Any loss or aggregate of losses sustained and payable by Ceder under the Policy, including costs, attorneys’ fees and expenses, which do not exceed the amount of Primary Loss Risk retained by Ceder Xxxxx shall be sustained and paid by Ceder Xxxxx without recourse to Reinsurer. Reinsurer’s liability and any loss or aggregate of losses payable by Reinsurer under Section 2 of this Agreement, including costs, attorneys’ fees and expenses, shall be the amount of Reinsurer’s proportionate share of the Secondary Loss Risk or Tertiary Loss Risk as shown in Schedule I that exceeds the Primary Loss Risk retained by CederXxxxx. If the loss or aggregate of all losses under the Policy exceeds the amount thereof, Ceder shall pay that portion of the excess as the proportion of its retained Loss Risk, both Primary, Secondary, and Tertiary, bears to the amount of the Policy, and the balance of the excess shall be divided among the Reinsurers in the proportions that the amount assumed by each bears to the amount of the Policy. Notwithstanding anything stated in this Section, Ceder's Xxxxx'x retained Loss Risk, whether Primary, Secondary, Tertiary, or according to the preceding paragraph, shall not be reduced and Reinsurer's liability shall not be increased by the payment of any loss not assumed by Reinsurer under Section 2.

Payment of Losses. Any loss or aggregate of losses sustained and payable by Ceder under the Policy, including costs, attorneys’ attorney’s fees and expenses, which do not exceed the amount of Primary Loss Risk retained by Ceder shall be sustained and paid by Ceder without recourse to Reinsurer. Reinsurer’s liability and any loss or aggregate of losses payable by Reinsurer under Section 2 of this Agreement, including costs, attorneys’ fees and expenses, shall be the amount of Reinsurer’s proportionate share of the Secondary Loss Risk or Tertiary Loss Risk as shown in Schedule I that exceeds the Primary Loss Risk retained by Ceder. If the loss or aggregate of all losses under the Policy exceeds the amount thereof, Ceder shall pay that portion of the excess as the proportion of its retained Loss Risk, both Primary, Secondary, and Tertiary, bears to the amount of the Policy, and the balance of the excess shall be divided among the Reinsurers in the proportions that the amount assumed by each bears to the amount of the Policy. Notwithstanding anything stated in this the Section, Ceder's ’s retained Loss Risk, whether Primary, Secondary, Tertiary, or according to the preceding paragraph, shall not be reduced and Reinsurer's ’s liability shall not be increased by the payment of any loss not assumed by Reinsurer under Section 2.