Common use of Security and Limitation of Liability Clause in Contracts

Security and Limitation of Liability. (1) The Reinsurer shall (i) provide or procure the provision to Lloyd’s of one or more letters of credit, cash deposits and/or investments (in a form acceptable to Lloyd’s) having an aggregate value of £[—]2 and (ii) use its reasonable endeavours to procure that Omega Specialty Insurance Company Limited shall provide or procure the provision to Lloyd’s of one or more letters of credit, cash deposits and/or investments (in a form acceptable to Lloyd’s) having an aggregate value of £[—]3 to form part of the FAL of the Reinsured pursuant to the terms of the CBL/OSIL Treaties (the FAL provided by the Reinsurer and the FAL provided by Omega Specialty Insurance Company Limited together, the “Reinsurer’s FAL”), which shall form part of the FAL of the Reinsured and be deposited on interavailable terms such that it will support the underwriting of Flectat for the 2011 and subsequent underwriting years of account as well as the Reinsured’s underwriting at Lloyd’s for the 2010 underwriting year of account and (subject to the provisions and operation of the FAL Providers’ Deed) stand as security for the performance of the Reinsurer’s obligations under this Treaty, the 2011 Flectat LLQS and the 2012 Flectat LLQS. (2) The cost of provision of the Reinsurer’s FAL shall be paid by the Reinsurer or others (but not the Reinsured). (3) The Reinsurer may, at any time permitted by Lloyd’s, substitute for all or any part of the Reinsurer’s FAL any other assets of equivalent value acceptable under Lloyd’s requirements as FAL. 2 Relevant figure representing CBL’s share of FAL to be inserted, to be ascertained 3 Relevant figure representing OSIL’s share of FAL to be inserted, to be ascertained (4) The liability of the Reinsurer under this Treaty beyond an amount equal to the premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 concerning settlement at Syndicate level) shall, when aggregated with all liabilities of the Reinsurer under the 2011 Flectat LLQS and the 2012 Flectat LLQS beyond an amount equal to the aggregate premium payable to the Reinsurer under the 2011 Flectat LLQS and the 2012 Flectat LLQS (subject to the provisions of the 2011 Flectat LLQS and the 2012 Flectat LLQS concerning settlement at Syndicate level), be limited to and in no circumstances exceed in aggregate £[—]4 plus the aggregate value of any Reinsurer’s Additional ECA FAL provided or procured to be provided from time to time by the Reinsurer to Lloyd’s pursuant to the terms of the 2011 Flectat LLQS or the 2012 Flectat LLQS. (5) For the avoidance of any doubt, the aggregate liability of the Reinsurer under this Treaty alone shall not exceed an amount equal to the premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 concerning settlement at Syndicate level) plus £[—]5 plus the aggregate value of any Reinsurer’s Additional ECA FAL provided or procured to be provided from time to time by the Reinsurer to Lloyd’s pursuant to the terms of the 2011 Flectat LLQS or the 2012 Flectat LLQS.

Appears in 1 contract

Samples: Quota Share Treaty (Canopius Holdings Bermuda LTD)

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Security and Limitation of Liability. (1) The Reinsurer shall (i) provide or procure Funds at Lloyd’s which support the provision to underwriting of the Reinsured include cash deposits and investments of £130,580,152.79 deposited in the Funds at Lloyd’s of one or more letters CC2 by the Reinsurer which support the underwriting of creditCC2 for the 2009 and 2010 underwriting years of account as well as, cash deposits and/or investments (in a form acceptable to Lloyd’s) having an aggregate value by way of £[—]2 and (ii) use its reasonable endeavours to procure that Omega Specialty Insurance Company Limited shall provide or procure ‘forward interavailability’, the provision to Lloyd’s of one or more letters of credit, cash deposits and/or investments (in a form acceptable to Lloyd’s) having an aggregate value of £[—]3 to form part of the FAL underwriting of the Reinsured pursuant to for the terms 2011 and 2012 underwriting years of the CBL/OSIL Treaties account (the FAL provided by the Reinsurer and the FAL provided by Omega Specialty Insurance Company Limited together, the “Reinsurer’s FAL”), which shall form part of the . (2) The Reinsurer’s FAL of the Reinsured and be deposited on interavailable terms such that it will support the underwriting of Flectat for the 2011 and subsequent underwriting years of account as well as the Reinsured’s underwriting at Lloyd’s for the 2010 underwriting year of account and (subject to the provisions and operation of the FAL Providers’ Deed) stand stands as security for the performance of the Reinsurer’s obligations under (i) this Treaty, Treaty (ii) the 2011 Flectat LLQS Flectat/CBL Quota Share (iii) the 2010 CC2/CBL Quota Share and (iv) the 2012 Flectat LLQS. (2) The cost 2009 CC2/CBL Quota Share. However the Reinsurer and Reinsured acknowledge that, in addition to being capable of provision being applied to meet Lloyd’s obligations of the Reinsured in respect of its underwriting as a member of the Syndicate for the 2011 and 2012 underwriting years of account and Lloyd’s obligations of CC2 in respect of its underwriting for the 2010 and 2009 underwriting years of account and Lloyd’s obligations of the Reinsured as a member of Syndicate 260 for the 2011 underwriting year of account which are not reinsured under the 2011 Flectat/CBL Quota Share, such Reinsurer’s FAL shall be paid by is also capable of being applied to meet Lloyd’s obligations of the Reinsurer or others (but Reinsured as a member of Syndicate 260 for the 2012 underwriting year of account which are not the Reinsured)reinsured under this Treaty. (3) The Reinsurer may, Subject to the operation of paragraph (2)(a) or (3)(a) (as the case may be) of Article 11 (Additional Funds at any time permitted by Lloyd’s) below and the second paragraph of Article 9 (Settlement) above, substitute for all or any part of the Reinsurer’s FAL any other assets of equivalent value acceptable under Lloyd’s requirements as FAL. 2 Relevant figure representing CBL’s share of FAL to be inserted, to be ascertained 3 Relevant figure representing OSIL’s share of FAL to be inserted, to be ascertained (4) The liability of the Reinsurer under this Treaty beyond an the amount equal to of the aggregate premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 concerning settlement at Syndicate level) shall, when aggregated with all liabilities of the Reinsurer under the 2011 Flectat LLQS Flectat/CBL Quota Share, the 2010 CC2/CBL Quota Share and the 2012 Flectat LLQS beyond an amount equal to the aggregate premium payable to the Reinsurer under the 2011 Flectat LLQS and the 2012 Flectat LLQS (subject to the provisions of the 2011 Flectat LLQS and the 2012 Flectat LLQS concerning settlement at Syndicate level)2009 CC2/CBL Quota Share, be limited to and in no circumstances exceed in aggregate £[—]4 plus 130,580,152.79 (the “Limit of Indemnity”) PROVIDED that in no circumstances will the Reinsurer have any liability under this Treaty as aforesaid beyond the aggregate value of any amounts drawn from the Reinsurer’s Additional ECA FAL provided less (i) any amount drawn in respect of losses of the Reinsured for the 2012 underwriting year of account which are not reinsured hereunder, (ii) any amount drawn in respect of debts, liabilities or procured expenses which are the liability of the Reinsured but not the liability of the Reinsurer under the 2011 Flectat/CBL Quota Share and (iii) any amount drawn in respect of debts, liabilities or expenses which are the liability of CC2 but not the liability of the Reinsurer under the 2010 CC2/CBL Quota Share or the 2009 CC2/CBL Quota Share, in each case to be provided from time the extent that the Reinsurer is not reimbursed in respect of such amounts drawn. (4) If any amount is drawn against the Reinsurer’s FAL for debts, liabilities or expenses which are the liability of the Reinsured or CC2 (as applicable) but not the liability of the Reinsurer hereunder or under the 2011 Flectat/CBL Quota Share, the 2010 CC2/CBL Quota Share or the 2009 CC2/CBL Quota Share, the Reinsured or CC2 (as applicable) shall pay the same to time the Reinsurer (to the extent not paid by the Reinsured or CC2, as applicable, to the Reinsurer to Lloyd’s pursuant to the terms corresponding provision of the 2011 Flectat LLQS Flectat/CBL Quota Share, the 2010 CC2/CBL Quota Share or the 2012 Flectat LLQS. (52009 CC2/CBL Quota Share, as the case may be) For the avoidance of and if not paid such amount shall be offset against any doubt, the aggregate liability of the Reinsurer under this Treaty alone shall not exceed an beyond the amount equal to of the aggregate premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 concerning settlement at Syndicate level). (5) plus £[—]5 plus If at any time there is provided by the Reinsured (or by another for its benefit) any additional FAL for the Reinsured pursuant to paragraph (2)(b) or (3)(b) of Article 11 (Additional Funds at Lloyd’s) below and Lloyd’s effects a voluntary or compulsory draw down of FAL other than by drawing down: (i) from the Reinsurer’s FAL, the Relevant Percentage of the aggregate value amount drawn down; and (ii) from the other FAL, that percentage of any the aggregate amount drawn down as is equal to 100 minus the Relevant Percentage, the parties agree to take such action as may be necessary to restore the position which they would have been in had the Reinsurer’s Additional ECA FAL provided or procured to be provided from time to time by and the Reinsurer to Lloyd’s pursuant to the terms of the 2011 Flectat LLQS or the 2012 Flectat LLQSother FAL been drawn down in those proportions.

Appears in 1 contract

Samples: Quota Share Treaty (Canopius Holdings Bermuda LTD)

Security and Limitation of Liability. (1) The Reinsurer shall Funds at Lloyd’s which support the underwriting of the Reinsured: (ia) provide or procure include cash deposits and investments of £129,243,688.08 deposited in the provision to Funds at Lloyd’s of one or more letters CC2 by the Reinsurer which support the underwriting of creditCC2 for the 2008, 2009 and 2010 underwriting years of account as well as, by way of forward interavailability’, the underwriting of the Reinsured for the 2011 underwriting year of account; and (b) will include cash deposits and/or and investments (in a form acceptable to Lloyd’s) having an aggregate value of £[—]2 and (ii) use its reasonable endeavours to procure that Omega Specialty Insurance Company Limited shall provide or procure 8,593,794.32 deposited in the provision to Funds at Lloyd’s of one or more letters CC2 by the Reinsurer, when the present arrangement under which such Funds at Lloyd’s are made ‘reverse interavailable’ by CC2 such that they support the underwriting of creditCD2 for the 2008 underwriting year of account as well as the underwriting of CC2 for the 2008, cash deposits and/or investments (in a form acceptable to Lloyd’s) having an aggregate value 2009 and 2010 underwriting years of £[—]3 to form part account is dismantled following the closure of the FAL 2008 underwriting year of account of the Reinsured pursuant Syndicate and such cash and investments are then made subject to the terms of the CBL/OSIL Treaties ‘forward interavailability’ arrangement referred to in (the FAL provided by the Reinsurer and the FAL provided by Omega Specialty Insurance Company Limited a) above (together, the “Reinsurer’s FAL”). (2) The Reinsurer’s FAL stands (or, which shall form part in the case of the FAL of the Reinsured those cash deposits and be deposited on interavailable terms such that it investments referred to in Article 10(1 )(b) above, will support the underwriting of Flectat for the 2011 and subsequent underwriting years of account as well as the Reinsured’s underwriting at Lloyd’s for the 2010 underwriting year of account and (subject to the provisions and operation of the FAL Providers’ Deedstand) stand as security for the performance of the Reinsurer’s obligations under (i) this TreatyTreaty (ii) the 2010 CC2/CBL Quota Share (iii) the 2009 CC2/CBL Quota Share and (iv) the 2008 CC2/CD2/CBL Quota Share. However the Reinsurer and Reinsured acknowledge that, in addition to being capable of being applied to meet Lloyd’s obligations of the Reinsured in respect of its underwriting as a member of the Syndicate for the 2011 Flectat LLQS underwriting year of account and Lloyd’s obligations of CC2 and CD2 in respect of their underwriting for the 2012 Flectat LLQS. (2) The cost 2010, 2009 and 2008 underwriting years of provision of the account, such Reinsurer’s FAL shall be paid by is also capable of being applied to meet Lloyd’s obligations of the Reinsurer or others (but Reinsured as a member of Syndicate 260 for the 2011 year of account which are not the Reinsured)reinsured under this Treaty. (3) The Reinsurer may, Subject to the operation of paragraph (2)(a) or (3)(a) (as the case may be) of Article 11 (Additional Funds at any time permitted by Lloyd’s) below and the second paragraph of Article 9 (Settlement) above, substitute for all or any part of the Reinsurer’s FAL any other assets of equivalent value acceptable under Lloyd’s requirements as FAL. 2 Relevant figure representing CBL’s share of FAL to be inserted, to be ascertained 3 Relevant figure representing OSIL’s share of FAL to be inserted, to be ascertained (4) The liability of the Reinsurer under this Treaty beyond an the amount equal to of the aggregate premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 concerning settlement at Syndicate level) shall, when aggregated with all liabilities of the Reinsurer under the 2011 Flectat LLQS 2010 CC2/CBL Quota Share, the 2009 CC2/CBL Quota Share and the 2012 Flectat LLQS beyond an amount equal to the aggregate premium payable to the Reinsurer under the 2011 Flectat LLQS and the 2012 Flectat LLQS (subject to the provisions of the 2011 Flectat LLQS and the 2012 Flectat LLQS concerning settlement at Syndicate level)2008 CC2/CD2/CBL Quota Share, be limited to and in no circumstances exceed in aggregate £[—]4 plus 137,837,482.40 (the “Limit of Indemnity”) PROVIDED that in no circumstances will the Reinsurer have any liability under this Treaty as aforesaid beyond the aggregate value of any amounts drawn from the Reinsurer’s Additional ECA FAL provided less (i) any amount drawn in respect of losses of the Reinsured for the 2011 year of account which are not reinsured hereunder (ii) any amount drawn in respect of debts, liabilities or procured expenses which are the liability of CC2 but not the liability of the Reinsurer under the 2010 CC2/CBL Quota Share, the 2009 CC2/CBL Quota Share or the 2008 CC2/CD2/CBL Quota Share and (iii) any amount drawn in respect of drawn in respect of debts, liabilities or expenses which are the liability of CD2 but not the liability of the Reinsurer under the 2008 CC2/CD2/CBL Quota Share, in each case to be provided from time the extent that the Reinsurer is not reimbursed in respect of such amounts drawn. (4) If any amount is drawn against the Reinsurer’s FAL for debts, liabilities or expenses which are the liability of the Reinsured, CC2 or CD2 (as applicable) but not the liability of the Reinsurer hereunder or under the 2010 CC2/CBL Quota Share, the 2009 CC2/CBL Quota Share or the 2008 CC2/CD2/CBL Quota Share, the Reinsured, CC2 or CD2 (as applicable) shall pay the same to time the Reinsurer (to the extent not paid by the Reinsured, CC2 or CD2, as applicable, to the Reinsurer to Lloyd’s pursuant to the terms corresponding provision of the 2011 Flectat LLQS 2010 CC2/CBL Quota Share, the 2009 CC2/CBL Quota Share or the 2012 Flectat LLQS. (52008 CC2/CD2/CBL Quota Share, as the case may be) For the avoidance of and if not paid such amount shall be offset against any doubt, the aggregate liability of the Reinsurer under this Treaty alone shall not exceed an beyond the amount equal to of the aggregate premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 concerning settlement at Syndicate level). (5) plus £[—]5 plus The Reinsurer, the aggregate value of any Reinsurer’s Additional ECA FAL provided Reinsured, CC2 and CD2 will as may be required enter into one or procured to be provided from time to time by the Reinsurer to more deeds in form agreed between them and other persons providing Funds at Lloyd’s pursuant to support the terms underwriting of the 2011 Flectat LLQS or the 2012 Flectat LLQSReinsured, CC2 and CD2 to regulate utilisation of such funds at Lloyd’s in accordance with an agreed order of priority.

Appears in 1 contract

Samples: Quota Share Treaty (Canopius Holdings Bermuda LTD)

Security and Limitation of Liability. (1) The Reinsurer shall (i) provide or procure the provision to Lloyd’s of one or more letters of credit, cash deposits and/or investments (in a form acceptable to Lloyd’s) ), having an aggregate value of £[—[ — ]2 and (ii) use its reasonable endeavours to procure that Omega Specialty Insurance Company Limited shall provide or procure the provision to Lloyd’s of one or more letters of credit, cash deposits and/or investments (in a form acceptable to Lloyd’s) having an aggregate value of £[—[ — ]3 to form part of the FAL supporting the underwriting of the Reinsured pursuant to the terms of the CBL/OSIL Treaties Treaties) ((the FAL provided by the Reinsurer and the FAL provided by Omega Specialty Insurance Company Limited together, the “Reinsurer’s FAL”), which shall form part of the FAL of the Reinsured CC2 and be deposited on interavailable terms such that it will support the Reinsured’s underwriting of Flectat at Lloyd’s for the 2011 and subsequent underwriting years of account as well as the Reinsured’s underwriting at Lloyd’s of CC2 for the 2010 underwriting year of account and (subject to the provisions and operation of the FAL Providers’ Deed) stand as security for the performance of the Reinsurer’s obligations under this Treaty, the 2011 2012 Flectat LLQS and the 2012 Flectat 2010 CC2 LLQS. (2) The cost of provision of the Reinsurer’s FAL shall be paid by the Reinsurer or others (but not the Reinsured). (3) The Reinsurer may, at any time permitted by Lloyd’s, substitute for all or any part of the Reinsurer’s FAL any other assets of equivalent value acceptable under Lloyd’s requirements as FAL. 2 Relevant figure representing CBL’s share of FAL to be inserted, to be ascertained 3 Relevant figure representing OSIL’s share of FAL to be inserted, to be ascertained. (4) The liability of the Reinsurer under this Treaty beyond an amount equal to the premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 8(1) concerning settlement at Syndicate level) shall, when aggregated with all liabilities of the Reinsurer under the 2011 2012 Flectat LLQS and the 2012 Flectat 2010 CC2 LLQS beyond an amount equal to the aggregate premium payable to the Reinsurer under the 2011 2012 Flectat LLQS and the 2012 Flectat 2010 CC2 LLQS (subject to the provisions of the 2011 2012 Flectat LLQS and the 2012 Flectat 2010 CC2 LLQS concerning settlement at Syndicate level), be limited to and in no circumstances exceed in aggregate £[—[ — ]4 plus the aggregate value of any Reinsurer’s Additional ECA FAL provided or procured to be provided from time to time by the Reinsurer to Lloyd’s pursuant to the terms of the 2011 Flectat LLQS this Treaty or the 2012 Flectat LLQS. (5) For the avoidance of any doubt, the aggregate liability of the Reinsurer under this Treaty alone shall not exceed an amount equal to the premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 concerning settlement at Syndicate level) plus £[—]5 plus the aggregate value of any Reinsurer’s Additional ECA FAL provided or procured to be provided from time to time by the Reinsurer to Lloyd’s pursuant to the terms of the 2011 Flectat LLQS or the 2012 Flectat LLQS.

Appears in 1 contract

Samples: Quota Share Treaty (Canopius Holdings Bermuda LTD)

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Security and Limitation of Liability. (1) The Reinsurer shall (i) provide or procure the provision to Funds at Lloyd’s of one or more letters of credit, cash deposits and/or investments (in a form acceptable to Lloyd’s) having an aggregate value of £[—]2 and (ii) use its reasonable endeavours to procure that Omega Specialty Insurance Company Limited shall provide or procure the provision to Lloyd’s of one or more letters of credit, cash deposits and/or investments (in a form acceptable to Lloyd’s) having an aggregate value of £[—]3 to form part of the FAL of the Reinsured pursuant to the terms of the CBL/OSIL Treaties (the FAL provided by the Reinsurer and the FAL provided by Omega Specialty Insurance Company Limited together, include the “Reinsurer’s FAL”, being: (i) cash deposits and investments of £128,403,612.80 provided to Lloyd’s by the Reinsurer (“Reinsurer’s Cash Deposit”); and (ii) letters of credit issued by ING having an aggregate face amount of £21,184,075 (the “Letters of Credit”) in respect of which the Reinsurer has provided to ING collateral having a value of £18,006,463.75, which shall form part of the FAL of the Reinsured and be deposited on interavailable terms such that it will support the underwriting of Flectat the Reinsured for the 2011 2007, 2008 and subsequent underwriting 2009 years of account as well as the Reinsured’s underwriting at Lloyd’s for the 2010 underwriting year of account and, in the case of the Letters of Credit (in respect of which the Reinsurer has provided to ING collateral having a value, respectively, of £16,124,771.75 and £1,881,692.00), by way of ‘interavailability’ the underwriting of CD2. The Reinsurer’s FAL (subject in the case of the Letters of Credit, to the provisions and operation extent of such part of the FAL Providers’ Deedface amount of each such Letter of Credit as is equal to the amount of collateral provided by the Reinsurer to ING in respect thereof) stand stands as security for the performance of the Reinsurer’s obligations under (i) this Treaty (ii) the 2009 Quota Share (iii) the 2008 Quota Share and (iv) the 2007 Unexpired Risks Treaty. However the Reinsured acknowledges, as regards the 2011 Flectat LLQS collateral provided to ING in respect of the Letters of Credit, that, in addition to being subject to utilisation by ING to reimburse itself for any drawdowns on the Letters of Credit in respect of losses of the Reinsured for the 2010 and 2009 underwriting years of account and losses of the 2012 Flectat LLQS. (2) Reinsured and CD2 for the 2008 year of account, such collateral may be utilised by ING to reimburse itself for losses of the Reinsured and CD2 for the 2007 year of account which are not reinsured under the 2007 Unexpired Risks Treaty. The Relevant Percentage of the cost of provision to Lloyd’s of the Reinsurer’s FAL Letters of Credit on behalf of the Reinsured (“LOC Cost”) shall be paid by the Reinsurer Reinsurer. Subject to the operation of paragraph (2)(i) or others (but not 3)(i) (as the Reinsured). case may be) of Article 11 (3) The Reinsurer may, Additional Funds at any time permitted by Lloyd’s) below and the second paragraph of Article 9 (Settlement) above, substitute for all or any part of the Reinsurer’s FAL any other assets of equivalent value acceptable under Lloyd’s requirements as FAL. 2 Relevant figure representing CBL’s share of FAL to be inserted, to be ascertained 3 Relevant figure representing OSIL’s share of FAL to be inserted, to be ascertained (4) The liability of the Reinsurer under this Treaty beyond an the LOC Cost and the amount equal to of the aggregate premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 concerning settlement at Syndicate level) shall, when aggregated with all liabilities of the Reinsurer under the 2011 Flectat LLQS 2009 Quota Share, the 2008 Quota Share and the 2012 Flectat LLQS beyond an amount equal to the aggregate premium payable to the Reinsurer under the 2011 Flectat LLQS and the 2012 Flectat LLQS (subject to the provisions of the 2011 Flectat LLQS and the 2012 Flectat LLQS concerning settlement at Syndicate level)2007 Unexpired Risks Treaty, be limited to and in no circumstances exceed in aggregate £[—]4 plus 146,410,076.55 (the “Limit of Indemnity”) PROVIDED that in no circumstances will the Reinsurer have any liability under this Treaty as aforesaid beyond the aggregate value of of: (i) any amounts drawn from the Reinsurer’s Additional ECA FAL Cash Deposit; plus (ii) any amounts drawn under the Letters of Credit which stand as Funds at Lloyd’s of the Reinsured up to an amount equal to the amount of collateral provided or procured to be provided from time to time by the Reinsurer to LloydING or any other relevant financial institution (being £18,006,463.75) in respect of such Letters of Credit less any amount utilised by ING or any other relevant financial institution to reimburse itself for losses of the Reinsured and CD2 for the 2007 year of account which are not reinsured under the 2007 Unexpired Risks Treaty, to the extent that the Reinsurer is not reimbursed in respect of such utilisation. If any amount is drawn against the Reinsurer’s FAL for debts, liabilities or expenses which are the liability of the Reinsured but not the liability of the Reinsurer hereunder or under the 2009 Quota Share, the 2008 Quota Share or the 2007 Unexpired Risks Treaty, the Reinsured shall pay the same to the Reinsurer (to the extent not paid by the Reinsured to the Reinsurer pursuant to the terms corresponding provision of the 2011 Flectat LLQS 2009 Quota Share, the 2008 Quota Share or the 2012 Flectat LLQS. (52007 Unexpired Risks Treaty, as the case may be) For the avoidance of and if not paid such amount shall be offset against any doubt, the aggregate liability of the Reinsurer under this Treaty alone shall not exceed an beyond the amount equal to of the aggregate premium payable to the Reinsurer under Article 6 (subject to the provisions of Article 8 concerning settlement at Syndicate level) plus £[—]5 plus ). The Reinsurer and the aggregate value of any Reinsurer’s Additional ECA FAL provided Reinsured will as may be required enter into one or procured to be provided from time to time by the Reinsurer to more deeds in form agreed between them and other persons providing Funds at Lloyd’s pursuant to support the terms underwriting of the 2011 Flectat LLQS or the 2012 Flectat LLQSReinsured to regulate utilisation of such funds at Lloyd’s in accordance with an agreed order of priority.

Appears in 1 contract

Samples: Quota Share Treaty (Canopius Holdings Bermuda LTD)

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