Regarding Munich Re, U.S Sample Clauses

Regarding Munich Re, U.S. (Life) Representatives. Munich Re, U.S. (Life) shall be responsible if Customer Information provided by Munich Re, U.S. (Life) to the Representative is the source of a breach in confidentiality. Munich Re, U.S. (Life) shall be liable for such breach to the same extent as provided above in this Article 21. Further, such liability shall be limited as provided above in this Article 21. Notwithstanding the preceding, Munich Re, U.S. (Life)’s responsibility is limited to instances where Customer Information is transmitted to a Representative at Munich Re, U.S. (Life)’s request or direction under the terms of this Agreement using an encrypted basis using encryption methods and software generally accepted and customarily used in the insurance industry. Munich Re, U.S. (Life) shall have no responsibility for Customer Information lost in transmission, except where an error in written instructions provided by the Representative, or an act or omission of the Representative during transmission, causes such loss of Customer Information. Munich Re, U.S. (Life) will have no responsibility for the loss or a breach of Customer Information transmitted to a Representative pursuant to a separate agreement between Ceding Company and Representative, even if the Customer Information is the same as information Munich Re, U.S. (Life) previously requested or directed Ceding Company to provide to the Representative. If the circumstances are such that a breach of Customer Information occurs as a result of loss by a Representative of Customer Information provided both pursuant to and independently of a request or direction by Munich Re, U.S. (Life), and the information provided independently is alone sufficient to cause the breach, the Ceding Company agrees that it shall not seek indemnification from Munich Re, U.S. (Life) under the terms of this Agreement but rather, would seek indemnification from the Representative(s) pursuant to agreements in place with said Representative(s) or by other means. In any event, the Ceding Company will not seek to recover more than once for Customer Information obtained by a Representative from more than one source and lost in the same occurrence of breach. Treaty #4347 Munich American Reassurance Company P a g e | 41
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