Common use of SERVICE OF SUIT CLAUSE (U.S Clause in Contracts

SERVICE OF SUIT CLAUSE (U.S. A.) This Clause applies only to Reinsurers domiciled outside the United States of America, or, should the Company be authorized to do business in the State of New York, Reinsurers unauthorized in New York as respects suits instituted in New York. It is agreed that in the event of the failure of such Reinsurers hereon to pay any amount claimed to be due hereunder, such Reinsurers hereon, at the request of the Company, will submit to the jurisdiction of any Court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such suit may be made upon the law firm of Dann Xxxxx Xxxxxx & Xleixxx, 0 Amxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000, xxd that in any suit instituted against any one of them upon this Agreement, such Reinsurers will abide by the final decision of such Court or any Appellate Court in the event of an appeal. PAFCO GENERAL INSURANCE COMPANY The above-named are authorized and directed to accept service of process on behalf of such Reinsurers in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon such Reinsurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any State, Territory or District of the United States which makes provision therefor, such Reinsurers hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Agreement, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

Appears in 1 contract

Samples: Symons International Group Inc

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SERVICE OF SUIT CLAUSE (U.S. A.) This Clause applies only to Reinsurers domiciled outside the United States of America, or, should the Company be authorized to do business in the State of New York, Reinsurers unauthorized in New York as respects suits instituted in New York. It is agreed that in the event of the failure of such Reinsurers the Underwriters hereon to pay any amount claimed to be due hereunder, such Reinsurers the Underwriters hereon, at the request of the CompanyInsured (or Reinsured), will submit to the jurisdiction of any a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters’ rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States and will comply with all requirements necessary District Court, or to give such seek a transfer of a case to another Court jurisdiction and all matters arising hereunder shall be determined as permitted by the laws of the United States or of any State in accordance with the law and practice of such CourtUnited States. It is further agreed that service of process in such suit may be made upon the law firm of Dann Sedgwick Xxxxxx Xxxxx Xxxxxx & Xleixxx, 0 Amxxxxxx Xxxxxx, Xxxxx 000One Embarcadero Center, Xxxxxxxxxxxx16th Floor, XX 00000San Francisco, xxd California 94111-3765, U.S.A. and that in any suit instituted against any one of them upon this Agreementcontract, such Reinsurers Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. PAFCO GENERAL INSURANCE COMPANY The above-named are authorized and directed to accept service of process on behalf of such Reinsurers Underwriters in any such suit and/or upon the request of the Company Insured (or Reinsured) to give a written undertaking to the Company Insured (or Reinsured) that they will enter a general appearance upon such Reinsurers' Underwriters’ behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any Statestate, Territory territory or District district of the United States which makes provision therefor, such Reinsurers Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company Insured (or Reinsured) or any beneficiary hereunder arising out of this Agreementcontract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 24/4/86 NMA1998 PREMIUM PAYMENT WARRANTY The Premium must be paid to and received by Underwriters within 45 days of inception. If this warranty is not complied with, then this Insurance shall be cancelled ab initio.

Appears in 1 contract

Samples: Pimco Corporate Opportunity Fund

SERVICE OF SUIT CLAUSE (U.S. A.) This Clause applies only to Reinsurers domiciled outside the United States of America, or, should the Company be authorized to do business in the State of New York, Reinsurers unauthorized in New York as respects suits instituted in New York. It is agreed that in the event of the failure of such Reinsurers the Underwriters hereon to pay any amount claimed to be due hereunder, such Reinsurers the Underwriters hereon, at the request of the CompanyInsured (or the reinsured), will submit to the jurisdiction of any a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action if any Court of competent jurisdiction in the United States, to remove an action to a United States and will comply with all requirements necessary District Court, or to give such seek a transfer of a case to another Court jurisdiction and all matters arising hereunder shall be determined as permitted by the Laws of the United States or of any State in accordance with the law and practice of such CourtUnited States. It is further agreed that service of process in such suit may be made upon the law firm of Dann upon: Xxxxx & Tract 000 Xxxxx Xxxxxx & XleixxxXxx Xxxx, 0 Amxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxxxx, XX 00000, xxd Xxx Xxxx 00000 and that in any suit instituted against any one of them upon this Agreementcontract, such Reinsurers Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. PAFCO GENERAL INSURANCE COMPANY The above-named are authorized and directed to accept service of process on behalf of such Reinsurers Underwriters in any such suit and/or upon the request of the Company Insured (or the Reinsured) to give a written undertaking to the Company Insured (or the Reinsured) that they will enter a general appearance upon such ReinsurersUnderwriters' behalf in the event such a suit shall be institutedconstituted. Further, pursuant to any statute of any Statestate, Territory territory or District district of the United States which makes provision therefor, such Reinsurers Underwriters hereon hereby designate the Superintendent, Commissioner Commission or Director of Insurance or other officer offices specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company Insured (or Reinsured) or any beneficiary hereunder arising out of this Agreementcontract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.. This endorsement forms a part of and is for attachment to the following described Certificate issued by certain UNDERWRITERS AT LLOYD'S LONDON, ENGLAND and takes effect on the effective date of said Certificate, unless another effective date is shown below, at the hour stated in said Certificate and expires concurrently with said Certificate. -------------------------------------------------------------------------------- COMPLETE ONLY WHEN THIS ENDORSEMENT IS NOT PREPARED WITH THE CERTIFICATE OR IS NOT TO BE EFFECTIVE WITH THE CERTIFICATE -------------------------------------------------------------------------------- Certificate No. Issued To. Effective Date -------------------------------------------------------------------------------- DATE:__________________ COUNTERSIGNED:___________________ LL-11(NMA 1998) TR ENDORSEMENT RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE - PHYSICAL DAMAGE - DIRECT This Certificate does not cover any loss or damage arising directly or indirectly from nuclear reaction nuclear radiation or radioactive contamination however such nuclear reaction nuclear radiation or radioactive contamination may have been cause *NEVERTHELESS if Fire is an insured peril and a Fire arises directly or indirectly from nuclear reaction nuclear radiation or radioactive contamination any loss or damage arising directly from that Fire shall (subject to the provisions of this Certificate) be covered EXCLUDING however all loss or damage caused by nuclear reaction nuclear radiation or radioactive contamination arising directly or indirectly from that Fire. * NOTE - If Fire is not an insured peril under this Certificate the words from "NEVERTHELESS" to the end of the clause do not apply and should be disregarded. This endorsement forms a part of and is for attachment to the following described Certificate issued by certain UNDERWRITERS AT LLOYD'S LONDON, ENGLAND and takes effect on the effective date of said Certificate, unless another effective date is shown below, at the hour stated in said Certificate and expires concurrently with said Certificate. -------------------------------------------------------------------------------- COMPLETE ONLY WHEN THIS ENDORSEMENT IS NOT PREPARED WITH THE CERTIFICATE OR IS NOT TO BE EFFECTIVE WITH THE CERTIFICATE -------------------------------------------------------------------------------- Certificate No. Issued To. Effective Date -------------------------------------------------------------------------------- DATE:__________________ COUNTERSIGNED:___________________ LL-12(NMA 1191) TR/LL11

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asta Funding Inc)

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SERVICE OF SUIT CLAUSE (U.S. A.) This Clause applies only to Reinsurers domiciled outside the United States of America, or, should the Company be authorized to do business in the State of New York, Reinsurers unauthorized in New York as respects suits instituted in New York. It is agreed that in the event of the failure of such Reinsurers the Insurers hereon to pay any amount claimed to be due hereunder, such Reinsurers the Insurers hereon, at the request of the CompanyInsured (or Reinsured), will submit to the jurisdiction of any a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Insurers’ rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States and will comply with all requirements necessary District Court, or to give such seek a transfer of a case to another Court jurisdiction and all matters arising hereunder shall be determined as permitted by the laws of the United States or of any State in accordance with the law and practice of such CourtUnited States. It is further agreed that service of process in such suit may be made upon the law firm of Dann Xxxxx Xxxxxx & XleixxxMendes and Mount, 0 Amxxxxxx 000 Xxxxxxx Xxxxxx, Xxxxx 000, XxxxxxxxxxxxXxx Xxxx, XX 00000-0000, xxd and that in any suit instituted against any one of them upon this Agreementcontact, such Reinsurers Insurers will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. PAFCO GENERAL INSURANCE COMPANY The above-named are authorized and directed to accept service of process on behalf of such Reinsurers Insurers in any such suit and/or upon the request of the Company Insured (or Reinsured) to give a written undertaking to the Company Insured (or Reinsured) that they will enter a general appearance upon such Reinsurers' Insurers’ behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any Statestate, Territory territory or District district of the United States which makes provision therefor, such Reinsurers Insurers hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Company Insured (or Reinsured) or any beneficiary hereunder arising out of this Agreementcontract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.. NMA 1998 (24/4/86) ENDORSEMENT NUMBER: One (1) INSURED: Signal Peak Energy LLC POLICY NUMBER: 753 / PL0901791 EFFECTIVE DATE: 1 November 2009 TERRORISM EXCLUSION ENDORSEMENT Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public or any section of the public, in fear. This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism. If the Insurers allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Insured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. NMA2920 08/10/2001 ENDORSEMENT NUMBER: Two (2) INSURED: Signal Peak Energy LLC POLICY NUMBER: 753 / PL0901791 EFFECTIVE DATE: 1 November 2009 ELECTRONIC DATA ENDORSEMENT B

Appears in 1 contract

Samples: Credit Agreement (FirstEnergy Solutions Corp.)

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