Common use of SERVICE OF SUIT Clause in Contracts

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply.

SERVICE OF SUIT. (This Article applies only to the Reinsurer signatory hereto who is applicable if the subscribing reinsurer is not domiciled in outside the United States of America and/or or, should the Company be authorized to do business in the State of New York, that Reinsurer who is not authorized unauthorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authoritiesNew York as respects suits instituted in New York. This Article is not intended to conflict with or nor override the parties obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In Arbitration Article. It is agreed that in the event of the failure of the subscribing reinsurer Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurerReinsurer hereon, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. The subscribing reinsurer, once the appropriate court It is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service further agreed that service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and & Mount, 000 Xxxxx Xxxxxxxx Xxxxxxx Xxxxxx, 38th FloorXxx Xxxx, Los AngelesXxx Xxxx 00000-0000, California 90071 shall be and that in any suit instituted against one of them upon this Agreement, the Reinsurer will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If 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 the Reinsurer's behalf in the event such a suit is brought instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereof, the Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the State of New YorkStatute, the law firm of Mendes or his successor or successors in office, as their true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyAgreement, 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.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it any of them upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not article applies to unauthorized Reinsurers and to Reinsurers who are domiciled in outside the United States of America and/or is America.) This Service of Suit Article will not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended be read to conflict with or override the obligation obligations of the parties to arbitrate their disputes as provided for in accordance with the ARBITRATION ARTICLE.) A. Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. In the event of the failure of the subscribing reinsurer Subscribing Reinsurer to pay any amount claimed to be due hereunder, honor an Arbitration award the subscribing reinsurerSubscribing Reinsurer, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurerSubscribing Reinsurer’s rights right to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerSubscribing Reinsurer, once the appropriate court Court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer the Subscribing Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall will comply with all requirements necessary to give said court Court jurisdiction and, in any suit instituted against it any of them upon this Contract, and shall will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. B. . Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of upon: Mendes and & Mount, LLP, 000 Xxxxx Xxxxxxxx Xxxxxxx Xxxxxx, 38th FloorXxx Xxxx, Los Angeles, California 90071 shall be XX 00000-0000.) The above-named are authorized and directed to accept service of process on behalf of the subscribing reinsurer Subscribing Reinsurer in any such suit; 2. If Further, pursuant to any statute of any state, territory, or district of the suit is brought United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the State of New Yorkstatute, the law firm of Mendes or their successor(s) in office, as their true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxxsuit, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process or proceedings instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyContract, 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.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled Notwithstanding anything else in the United States of America and/or is not authorized in any Statethis Article, Territory or District of the United States where authorization is required by insurance regulatory authorities. This this Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLEArbitration Article.) A. In the event of the failure of the subscribing reinsurer Reinsurer to pay any amount claimed to be due perform its obligations hereunder, the subscribing reinsurerReinsurer, at the request of the CompanyCeding Insurer, shall submit to the exclusive jurisdiction of a any federal or Florida State court located in the State of competent jurisdiction within the United StatesFlorida. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurerReinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerReinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company Ceding Insurer and accepted by subscribing reinsurer the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it the Reinsurer upon this ContractAgreement, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below. CT Corporation System, depending on 0000 X Xxxx Xxxxxx Xx # 000, Xxxxxxxxxx, XX 00000, is hereby appointed as attorney-in-fact for the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes Reinsurer and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit;. 2. If C. Further, pursuant to any statute of any state, territory or district of the suit is brought in United States that makes provision therefor, the Reinsurer hereby designates the Insurance Commissioner of the State of New YorkFlorida, or other officer specified for that purpose in the law firm of Mendes statute, or his successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceedings instituted by or on behalf of the subscribing reinsurer in Ceding Insurer or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyAgreement, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. a) In the event of the failure of the subscribing reinsurer Aspen or Aspen Parent to pay any amount claimed to be due perform their respective obligations hereunder, the subscribing reinsurerthey, at the request of the CompanyReinsurer, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article Section 16.9 constitutes or should be understood to constitute a waiver of the subscribing reinsurerXxxxx’s or Aspen Parent’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerAspen and Aspen Parent, once the appropriate court is selected, whether such court is the one originally chosen by the Company Reinsurer and accepted by subscribing reinsurer Aspen or Aspen Parent, as applicable, or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon Aspen or Aspen Parent, as applicable, under this ContractAgreement, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service (b) Unless Aspen or Aspen Parent designates a different party in writing, service of process in such suit may be made upon the agent for the Aspen Parent at Aspen Specialty Insurance Company, 000 Xxxxxxx Xxxxxxxxx, Xxxxx Xxxx, XX 00000, Xxxxxx Xxxxxx xx Xxxxxxx, which is hereby authorized and directed to accept service of process on behalf of Aspen and Aspen Parent in any such suit. (“agent”c) named belowIn the event of the failure of the Reinsurer to perform its obligations hereunder, depending on the Reinsurer, at the request of Xxxxx, shall submit to the jurisdiction where of a court of competent jurisdiction within the Company chooses United States. Nothing in this Article constitutes or should be understood to bring suit: 1. If constitute a waiver of the suit is brought Reinsurer’s rights to commence an action in any court of competent jurisdiction in the State United States, to remove an action to a United States District Court, or to seek a transfer of Californiaa case to another court as permitted by the laws of the United States or any state in the United States. The Reinsurer, once the law firm appropriate court is selected, whether such court is the one originally chosen by Xxxxx and accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against the Reinsurer under this Agreement, shall abide by the final decision of Mendes and Mountsuch court or of any appellate court in the event of an appeal. (d) Unless the Reinsurer designates a different party in writing, service of process in such suit may be made upon Enstar (US) Inc., 000 Xxxxx Xxxxxxxx Xxxxxx, 38th FloorXx. 0, Los AngelesXxx Xxxx, California 90071 shall be XX 00000, Attention: Senior Vice President, Legal Director US, which is hereby authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit;. 2. If (e) Further, pursuant to any statute of any State, Territory or District of the suit is brought United States which makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner or the Director of Insurance or other officer specified for that purpose in the State of New Yorkstatute, the law firm of Mendes or his successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Aspen or any such suit; 3. If the suit is brought in any state other than California or New York, either beneficiary hereunder arising out of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities this Agreement and hereby designates the agent above-named entity as the entity to whom the said officer is not located authorized to mail such process or a true copy thereof; provided that process is concurrently served upon the Reinsurer in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping accordance with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article applySection 16.9(d).

SERVICE OF SUIT. (This Article is applicable applies only if the subscribing reinsurer Reinsurer is not domiciled in outside the United States of America and/or is not authorized unauthorized in any Statestate, Territory territory, or District district of the United States where authorization is required by insurance regulatory authoritiesof America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties' obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLEArbitration Article.) A. ) In the event of the failure of the subscribing reinsurer any Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurersuch Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United StatesStates and shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerService of process in such suit may be made upon Mendes and Mount, once the appropriate court is selected750 Seventh Avenue, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removalNew York, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in New York 10019-6829. In any suit instituted against it upon this Contractinstitxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxx, and xxx Xxxxxxxxr shall abide by the final decision of such court or of any appellate court in the event of an any appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above-named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the State event such a suit shall be instituted. Further, pursuant to any statute of New Yorkany state, territory or district of the United States which makes provision therefor, the law firm Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Mendes Insurance or other officer specified for that purpose in the statute, or the successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New Yorkbeneficiary hereunder, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C arising out of this Article applyAgreement, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to Casualty Catastrophe XOL Contract conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply.

SERVICE OF SUIT. (This Article is applicable applies only if the subscribing reinsurer Reinsurer is not domiciled in outside the United States of America and/or is not authorized unauthorized in any Statestate, Territory territory, or District district of the United States where authorization is required by insurance regulatory authoritiesof America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties' obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLEArbitration Article.) A. ) In the event of the failure of the subscribing reinsurer any Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurersuch Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United StatesStates and shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerService of process in such suit may be made upon Mendes and Mount, once the appropriate court is selected750 Seventh Avenue, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removalNew York, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in New York 10019-6829. In any suit instituted against it upon this Contractinstxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, and xxx Xxxxxxxer shall abide by the final decision of such court or of any appellate court in the event of an any appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above-named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the State event such a suit shall be instituted. Further, pursuant to any statute of New Yorkany state, territory or district of the United States which makes provision therefor, the law firm Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Mendes Insurance or other officer specified for that purpose in the statute, or the successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New Yorkbeneficiary hereunder, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C arising out of this Article applyContract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not only applies to reinsurers domiciled in the United States of America and/or is not authorized in any State, Territory or District outside of the United States where authorization is required by insurance regulatory authorities. This Article is and/or not intended to conflict with approved, qualified, authorized or override the obligation accredited in any state, territory, or district of the parties to arbitrate their disputes United States having jurisdiction over the Reinsured.) It is agreed that in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurerReinsurer hereon, at the request of the CompanyReinsured, shall submit will submit, first, to arbitration as provided for above and, failing that, to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurerReinsurer’s rights to commence an action in arbitration or, if appropriate, any court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in arbitration or, if appropriate, in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerIt is further agreed that service of process in such suit may be made upon Messrs. Mendes and Mount, once the appropriate court is selected000 Xxxxxxx Xxxxxx, whether such court is the one originally chosen by the Company Xxx Xxxx, Xxx Xxxx, 00000 (hereinafter, “agent for service of process”) and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, that in any suit instituted against it upon this Contractinstituted, and shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above-named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit firm is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought request of the Reinsured to give a written undertaking to the Reinsured that they will enter a general appearance upon the Reinsurer’s behalf in the State event such a suit shall be instituted. Further, pursuant to any statute of New Yorkany state, territory or district of the United States Which makes provision therefore, the law firm Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Mendes Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and Mountlawful attorney upon who may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Reinsured or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyAgreement, hereby designates the above-named as the person to who the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx XxxxxxXxxxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.)) Casualty Catastrophe XOL Contract 23 A. In the event of the failure of the subscribing reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx XxxxxxXxxxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply. C. Further, pursuant to any statute of any state, territory or district of the United States that makes provision therefor, the subscribing reinsurer hereby designates 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 its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceedings instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is Applies to any Reinsurer not domiciled in the United States of America and/or is any Reinsurer not authorized in any Statestate, Territory territory or District district of the United States where authorization is required by insurance regulatory authoritiesauthorities require authorization. This Article is not intended to conflict with or override the parties' obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLEArbitration Article.) A. In ) It is agreed that in the event of the failure of the subscribing reinsurer Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurerReinsurer hereon, at the request of the Company, shall will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article clause constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerIt is further agreed that service of process in such suit may be made upon Mendes & Mount, once the appropriate court is selected700 Xxxxxxx Xxxxxx, whether such court is the one originally chosen by the Company Xxx Xxxx, Xxx Xxxx 00000, and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, that in any suit instituted against it the Reinsurer upon this Contract, and shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above-named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought request of the Company to give a written undertaking to the Company, that they will enter a general appearance upon the Reinsurer's behalf in the State event such a suit shall be instituted. Further, pursuant to any statute of New Yorkany state, territory or district of the United States which makes provision therefor, the law firm Reinsurer hereon hereby designates the superintendent, commissioner or director of Mendes insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyContract of reinsurance, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it any of them upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit;; 93948002-12 (1-1-12) 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not article applies to unauthorized Reinsurers and to Reinsurers who are domiciled in outside the United States of America and/or is America.) This Service of Suit Article will not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended be read to conflict with or override the obligation obligations of the parties to arbitrate their disputes as provided for in accordance with the ARBITRATION ARTICLE.) A. Arbitration Article. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. In the event of the failure of the subscribing reinsurer Subscribing Reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurerSubscribing Reinsurer, at the request of the Company, shall will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurerSubscribing Reinsurer’s rights right to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerSubscribing Reinsurer, once the appropriate court Court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer the Subscribing Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall will comply with all requirements necessary to give said court Court jurisdiction and, in any suit instituted against it any of them upon this Contract, and shall will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. B. . Loss Reinsurance Contract January 1, 2007 Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of upon: Mendes and & Mount, LLP, 000 Xxxxx Xxxxxxxx Xxxxxxx Xxxxxx, 38th FloorXxx Xxxx, Los Angeles, California 90071 shall be XX 00000-0000.) The above-named are authorized and directed to accept service of process on behalf of the subscribing reinsurer Subscribing Reinsurer in any such suit; 2. If Further, pursuant to any statute of any state, territory, or district of the suit is brought United States that makes provision therefore, the Subscribing Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance, or other officer specified for that purpose in the State of New Yorkstatute, the law firm of Mendes or their successor(s) in office, as their true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxxsuit, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process or proceedings instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyContract, 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.

SERVICE OF SUIT. (This Article is applicable applies only if the subscribing reinsurer Reinsurer is not domiciled in outside the United States of America and/or is not authorized unauthorized in any Statestate, Territory territory, or District district of the United States where authorization is required by insurance regulatory authoritiesof America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties' obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLEArbitration Article.) A. ) In the event of the failure of the subscribing reinsurer any Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurersuch Reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United StatesStates and shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerService of process in such suit may be made upon Mendes and Mount, once the appropriate court is selected750 Seventh Avenue, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removalNew York, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in New York 10019-6829. In any suit instituted against it upon this Contractinstitxxxx xxxxxxx xx xxxx xxxx Xxxxxxxx, and xxx Xxxxxxxxx shall abide by the final decision of such court or of any appellate court in the event of an any appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above-named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought request of Company to give a written undertaking to the Company that they shall enter a general appearance upon the Reinsurer's behalf in the State event such a suit shall be instituted. Further, pursuant to any statute of New Yorkany state, territory or district of the United States which makes provision therefor, the law firm Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Mendes Insurance or other officer specified for that purpose in the statute, or the successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New Yorkbeneficiary hereunder, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C arising out of this Article applyContract, and hereby designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable shall apply only if the subscribing reinsurer Reinsurer is not domiciled in outside of the United States of America and/or or if the Reinsurer is not authorized in any State, Territory or District the State of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLENew York.) A. (1) In the event of the failure of the subscribing reinsurer Reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurerReinsurer, at the request of the Company, shall will submit to the jurisdiction of a court of competent jurisdiction within the United StatesStates of America. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court of competent jurisdiction in the United StatesStates of America, to remove an action to a district court of the United States District Courtof America, or to seek a transfer of a case to another court as permitted by the laws of the United Unites States of America or of any state State in the United StatesStates of America. The subscribing reinsurerIt is further agreed that service of process on the Reinsurer in such suit may be made upon Messrs Mendes & Mount, once 750 Seventh Avenue, New York, New York 10019-6829 or other agent previouslx xxxxxxxxxx xx xxx Xxxxxxxxx xxxxx xxxxxxxxxxx xas been previously notified to the appropriate court is selectedCompany), whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, that in any suit instituted against it upon this Contractthe Reinsurer, and shall the Reinsurer will abide by the final decision of such court or of any appellate court or, in the event case of an appeal, the appellate court. B. Service of process in such suit may be made upon the agent for the service of process (“agent”2) The above-named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit firm is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought request of the Company to give written undertaking to the Company that such firm will enter a general appearance upon the Reinsurer's behalf in the State event such a suit shall be instituted. (3) Further, pursuant to any statute of New Yorkany state, territory or district of the United States of America which makes provision therefor, the law firm Reinsurer hereon hereby designates the superintendent, commissioner or director of Mendes insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyAgreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal.. Casualty Catastrophe XOL Contract 22 B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply.

SERVICE OF SUIT. (A. This Article is applicable if the subscribing reinsurer is applies only to those reinsurers not domiciled in the United States of America America, and/or is not authorized in any Statestate, Territory or District territory and/or district of the United States of America where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. B. In the event of the failure of the subscribing reinsurer a Reinsurer to pay any amount claimed to be due hereunderunder this Contract, the subscribing reinsurerReinsurer, at the request of the Company, shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates of America and shall 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. Nothing in this Article clause constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court of competent jurisdiction in the United StatesStates of America, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or of any state in the United States. The subscribing reinsurerStates of America. C. Service of process in such suit may be made upon Messrs. Mendes and Mount, once the appropriate court is selected750 Seventh Avenue, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removalNew York, transferNew York 10019-6829 (hereinafter, or otherwise"xxxxx xxx xxxxxxx xx xxxxxxx"), as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any xxx xx xxx suit instituted against it the Reinsurer upon this Contract, and the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought in request of the State of New York, Company to give a written undertaking to the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept Company that the agent for service of process shall enter a general appearance on behalf of the subscribing reinsurer Reinsurer in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States of America that makes provision therefor, the Reinsurer hereby designates 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 its true and lawful attorney upon whom may be served any lawful process in any such suit; 3. If the action, suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 proceeding instituted by or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in Company or any such suit; or 4. If beneficiary hereunder arising out of this Contract and hereby designates the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept for service of process on behalf of as the subscribing reinsurer in any suit. However, if an agent firm to whom the said officer is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects authorized to mail such process or a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article applytrue copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. a) In the event of the failure of the subscribing reinsurer Aspen or Aspen Parent to pay any amount claimed to be due perform their respective obligations hereunder, the subscribing reinsurerthey, at the request of the CompanyReinsurer, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article Section 16.9 constitutes or should be understood to constitute a waiver of the subscribing reinsurerXxxxx’s or Aspen Parent’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerAspen and Aspen Parent, once the appropriate court is selected, whether such court is the one originally chosen by the Company Reinsurer and accepted by subscribing reinsurer Aspen or Aspen Parent, as applicable, or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon Aspen or Aspen Parent, as applicable, under this ContractAgreement, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service (b) Unless Aspen or Aspen Parent designates a different party in writing, service of process in such suit may be made upon the agent for the Aspen Parent at Aspen Specialty Insurance Company, 000 Xxxxxxx Xxxxxxxxx, Xxxxx Xxxx, XX 00000, Xxxxxx Xxxxxx xx Xxxxxxx, which is hereby authorized and directed to accept service of process on behalf of Aspen and Aspen Parent in any such suit. (“agent”c) named belowIn the event of the failure of the Reinsurer to perform its obligations hereunder, depending on the Reinsurer, at the request of Aspen, shall submit to the jurisdiction where of a court of competent jurisdiction within the Company chooses United States. Nothing in this Article constitutes or should be understood to bring suit: 1. If constitute a waiver of the suit is brought Reinsurer’s rights to commence an action in any court of competent jurisdiction in the State United States, to remove an action to a United States District Court, or to seek a transfer of Californiaa case to another court as permitted by the laws of the United States or any state in the United States. The Reinsurer, once the law firm appropriate court is selected, whether such court is the one originally chosen by Xxxxx and accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against the Reinsurer under this Agreement, shall abide by the final decision of Mendes and Mountsuch court or of any appellate court in the event of an appeal. (d) Unless the Reinsurer designates a different party in writing, service of process in such suit may be made upon Enstar (US) Inc., 000 Xxxxx Xxxxxxxx Xxxxxx, 38th FloorXx. 0, Los AngelesXxx Xxxx, California 90071 shall be XX 00000, Attention: Senior Vice President, Legal Director US, which is hereby authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit;. 2. If (e) Further, pursuant to any statute of any State, Territory or District of the suit is brought United States which makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner or the Director of Insurance or other officer specified for that purpose in the State of New Yorkstatute, the law firm of Mendes or his successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Aspen or any such suit; 3. If the suit is brought in any state other than California or New York, either beneficiary hereunder arising out of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities this Agreement and hereby designates the agent above-named entity as the entity to whom the said officer is not located authorized to mail such process or a true copy thereof; provided that process is concurrently served upon the Reinsurer in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping accordance with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article applySection 16.9(d).

SERVICE OF SUIT. (1998 - MENDES & MOUNT, CALIFORNIA) (This Article is applicable if only to an unauthorized Reinsurer in the subscribing reinsurer State of New York or to the Reinsurer who is not domiciled in outside the United States of America and/or America.) It is not authorized agreed that in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurerReinsurer hereon, at the request of the Company, shall will submit to the jurisdiction of a court of competent jurisdiction within the United StatesStates of America. Nothing in this Article clause constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. The subscribing reinsurer, once the appropriate court It is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service further agreed that service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Messrs. Mendes and Mount, 000 Xxxxx Citicorp Plaza, 725 South Xxxxxxxx XxxxxxStreet, 38th FloorSuite 0000, Los Angeles00xx Xxxxx, California 90071 shall be Xxx Xxxxxxx, Xxxxxxxxxx 00000, and that in any suit instituted against any one of them upon this contract, the Reinsurer will abide by the final decision of the Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon and request of the suit is brought Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the State event such a suit shall be instituted. Further, pursuant to any statute of New Yorkany state, territory or district of the United States which makes provision therefore, the law firm Reinsurer hereby designates the Superintendent, Commissioner or Director of Mendes Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as his true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyAgreement, and hereby designates the above named as the firm to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not applies to Reinsurers domiciled in outside the United States of America and/or is not authorized unauthorized in any Statestate, Territory territory, or District district of the United States where authorization is required by insurance regulatory authoritiesof America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties' obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLEArbitration Article.) A. ) In the event of the failure of the subscribing reinsurer any Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurersuch Reinsurer, at the request of the Company, shall will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights Reinsurer's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerReinsurer, once the appropriate court is selected, whether such court is the one originally chosen accepted by the Company and accepted by subscribing reinsurer Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall will comply with all requirements necessary to give said court jurisdiction and, in jurisdiction. In any suit instituted against it upon this ContractAgreement, and shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. B. . Service of process in such suit may be made upon the agent for the service of process (“agent”) named belowxxxx Xxxxxx & Xxxxx, depending on the jurisdiction where the Company chooses to bring suit: 1. If the XXX,000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is brought instituted in the State state of CaliforniaNew York; Mendes & Mount, the law firm of Mendes and MountLLP, 000 Xxxxx Xxxxxxxx XxxxxxXxxxxxxx, 38th Floor, Los Angeles, California 90071 shall 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; (07/24/08) or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If 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 the Reinsurer's behalf in the event such a suit is brought instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the State of New Yorkstatute, or the law firm of Mendes successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxxsuit, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyAgreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not only applies to reinsurers domiciled in the United States of America and/or is not authorized in any State, Territory or District outside of the United States where authorization is required by insurance regulatory authorities. This Article is and/or not intended to conflict with approved, qualified, authorized or override the obligation accredited in any state, territory, or district of the parties to arbitrate their disputes United States having jurisdiction over the Reinsured.) It is agreed that in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurerReinsurer hereon, at the request of the CompanyReinsured, shall submit will submit, first, to arbitration as provided for above and, failing that, to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurerReinsurer’s rights to commence an action in arbitration or, if appropriate, any court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in arbitration or, if appropriate, in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerIt is further agreed that service of process in such suit may be made upon Messrs. Mendes and Mount, once the appropriate court is selected000 Xxxxxxx Xxxxxx, whether such court is the one originally chosen by the Company Xxx Xxxx, Xxx Xxxx, 00000 (hereinafter, “agent for service of process”) and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, that in any suit instituted against it upon this Contractinstituted, and shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above-named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit firm is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought request of the Reinsured to give a written undertaking to the Reinsured that they will enter a general appearance upon the Reinsurer’s behalf in the State event such a suit shall be instituted. Further, pursuant to any statute of New Yorkany state, territory or district of the United States which makes provision therefore, the law firm Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Mendes Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall lawful attorney upon who may be authorized and directed to accept service of served any lawful process on behalf of the subscribing reinsurer in any such suit; 3. If the action, suit is brought in any state other than California or New Yorkproceeding $5M xs $5M 2007 Agreement Wording January 31, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply.2007

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not only applies to reinsurers domiciled in the United States of America and/or is not authorized in any State, Territory or District outside of the United States where authorization is required by insurance regulatory authorities. This Article is and/or not intended to conflict with approved, qualified, authorized or override the obligation accredited in any state, territory, or district of the parties to arbitrate their disputes United States having jurisdiction over the Reinsured.) It is agreed that in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurerReinsurer hereon, at the request of the CompanyReinsured, shall submit will submit, first, to arbitration as provided for above and, failing that, to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurerReinsurer’s rights to commence an action in arbitration or, if appropriate, any court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in arbitration or, if appropriate, in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerIt is further agreed that service of process in such suit may be made upon Messrs. Mendes and Mount, once the appropriate court is selected000 Xxxxxxx Xxxxxx, whether such court is the one originally chosen by the Company Xxx Xxxx, Xxx Xxxx, 00000 (hereinafter, “agent for service of process”) and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, that in any suit instituted against it upon this Contractinstituted, and shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above-named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit firm is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought request of the Reinsured to give a written undertaking to the Reinsured that they will enter a general appearance upon the Reinsurer’s behalf in the State event such a suit shall be instituted. Further, pursuant to any statute of New Yorkany state, territory or district of the United States which makes provision therefore, the law firm Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Mendes Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and Mountlawful attorney upon who may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Reinsured or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyAgreement, hereby designates the above-named as the person to who the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (A. This Article is applicable if the subscribing reinsurer is applies only to those reinsurers not domiciled in the United States of America America, and/or is not authorized in any Statestate, Territory or District territory and/or district of the United States of America where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. B. In the event of the failure of the subscribing reinsurer a Reinsurer to pay any amount claimed to be due hereunderunder this Contract, the subscribing reinsurerReinsurer, at the request of the Company, shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates of America and shall 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. Nothing in this Article clause constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court of competent jurisdiction in the United StatesStates of America, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or of any state in the United States. The subscribing reinsurerStates of America. C. Service of process in such suit may be made upon Messrs. Mendes and Mount, once the appropriate court is selected000 Xxxxxxx Xxxxxx, whether such court is the one originally chosen by the Company Xxx Xxxx, Xxx Xxxx 00000-0000 (hereinafter, "agent for service of process"), and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it the Reinsurer upon this Contract, and the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought in request of the State of New YorkCompany to give a written Effective: January 1, 0000 XXX: May 6, 2003 8958-00-0017-00 XXX XXXXXXXXX undertaking to the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept Company that the agent for service of process shall enter a general appearance on behalf of the subscribing reinsurer Reinsurer in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States of America that makes provision therefor, the Reinsurer hereby designates 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 its true and lawful attorney upon whom may be served any lawful process in any such suit; 3. If the action, suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 proceeding instituted by or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in Company or any such suit; or 4. If beneficiary hereunder arising out of this Contract and hereby designates the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept for service of process on behalf of as the subscribing reinsurer in any suit. However, if an agent firm to whom the said officer is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects authorized to mail such process or a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article applytrue copy thereof.

SERVICE OF SUIT. (A. This Article is applicable if the subscribing reinsurer is applies only to those reinsurers not domiciled in the United States of America America, and/or is not authorized in any Statestate, Territory or District territory and/or district of the United States of America where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. B. In the event of the failure of the subscribing reinsurer a Reinsurer to pay any amount claimed to be due hereunderunder this Contract, the subscribing reinsurerReinsurer, at the request of the Company, shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates of America and shall 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. Nothing in this Article clause constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court of competent jurisdiction in the United StatesStates of America, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or of any state in the United States. The subscribing reinsurerStates of America. C. Service of process in such suit may be made upon Messrs. Mendes and Mount, once the appropriate court is selected750 Seventh Avenue, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removalNew York, transferNew York 10019-6829 (hereinafxxx, or otherwise"xxxxx xxx xxxxxxx xx xxxxxxx"), as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any xxx xx xxx suit instituted against it the Reinsurer upon this Contract, and the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought in request of the State of New York, Company to give a written undertaking to the law firm of Mendes and Mount, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept Company that the agent for service of process shall enter a general appearance on behalf of the subscribing reinsurer Reinsurer in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States of America that makes provision therefor, the Reinsurer hereby designates 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 its true and lawful attorney upon whom may be served any lawful process in any such suit; 3. If the action, suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 proceeding instituted by or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in Company or any such suit; or 4. If beneficiary hereunder arising out of this Contract and hereby designates the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept for service of process on behalf of as the subscribing reinsurer in any suit. However, if an agent firm to whom the said officer is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects authorized to mail such process or a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article applytrue copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurerReinsurer hereon, at the request of the Company, shall will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s Reinsurer's rights to commence an action in any court of competent REINSURANCE AGREEMENT Agreement No.: BN970078 jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerService of process in such suit may be made upon Messrs. Mendes and Mount, once the appropriate court is selected000 Xxxxxxx Xxxxxx, whether such court is the one originally chosen by the Company Xxx Xxxx, Xxx Xxxx 00000-0000, and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon it, under this ContractAgreement, and shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) . The above named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be are authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If suit and/or upon the suit is brought request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the State event such a suit shall be instituted. Further, pursuant to any statute of New Yorkany state, territory or district of the United States which makes provision therefor, the law firm Reinsurer hereon hereby designates the Superintendent, Commissioner or Director of Mendes Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process suit or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyAgreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not applies to Reinsurers domiciled in outside the United States of America and/or is not authorized unauthorized in any Statestate, Territory territory, or District district of the United States where authorization is required by insurance regulatory authoritiesof America that has jurisdiction over the Company and in which a subject suit has been instituted. This Article is not intended to conflict with or override the parties’ obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLEArbitration Article.) A. ) In the event of the failure of the subscribing reinsurer any Reinsurer hereon to pay any amount claimed to be due hereunder, the subscribing reinsurersuch Reinsurer, at the request of the Company, shall will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurerReinsurer’s rights right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District CourtXxxxxxxx Xxxxx, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurerReinsurer, once the appropriate court is selected, whether such court is the one originally chosen accepted by the Company and accepted by subscribing reinsurer Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall will comply with all requirements necessary to give said court jurisdiction and, in jurisdiction. In any suit instituted against it upon this ContractAgreement, and shall the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. B. . Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, LLP, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes and Mount, LLP, 000 Xxxxx Xxxxxxxx XxxxxxXxxxxxxx, 38th 19th Floor, Los Angeles, California 90071 shall 90017-5524, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party specifically designated in the applicable Interests and Liabilities Agreement attached hereto (hereinafter “agent for service of process”). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the party designated on the Reinsurer’s Interests and Liabilities Agreement is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes and Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the subscribing reinsurer Reinsurer in any such suit; 2. If 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 the Reinsurer’s behalf in the event such a suit is brought instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the State of New Yorkstatute, or the law firm of Mendes successor or successors in office, as its true and Mountlawful attorney upon whom may be served any lawful process in any action, 000 Xxxxxxx Xxxxxxsuit, Xxx Xxxx, Xxx Xxxx 00000 shall be authorized and directed to accept service of process or proceeding instituted by or on behalf of the subscribing reinsurer in Company or any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C beneficiary hereunder arising out of this Article applyAgreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article is applicable if the subscribing reinsurer is not domiciled in the United States of America and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities. This Article is not intended to conflict with or override the obligation of the parties to arbitrate their disputes in accordance with the ARBITRATION ARTICLE.) A. In the event of the failure of the subscribing reinsurer to pay any amount claimed to be due hereunder, the subscribing reinsurer, at the request of the Company, shall submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the subscribing reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The subscribing reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by subscribing reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against it upon this Contract, and shall abide by the final decision of such court or of any appellate court in the event of an appeal. B. Service of process in such suit may be made upon the agent for the service of process (“agent”) named below, depending on the jurisdiction where the Company chooses to bring suit: 1. If the suit is brought in the State of California, the law firm of Mendes and Mount, 000 440 Xxxxx Xxxxxxxx Xxxxxx, 38th Floor, Los Angeles, California 90071 shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 2. If the suit is brought in the State of New York, the law firm of Mendes and Mount, 000 750 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 shall xhall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; 3. If the suit is brought in any state other than California or New York, either of the agents described in subparagraphs 1 or 2 above shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any such suit; or 4. If the subscribing reinsurer has designated an agent in the subscribing reinsurer’s Interests and Liabilities Agreement attached hereto, then that agent shall be authorized and directed to accept service of process on behalf of the subscribing reinsurer in any suit. However, if an agent is designated in the subscribing reinsurer’s Interests and Liabilities Agreement and the agent is not located in California as respects a suit brought in California or New York as respects a suit brought in New York, in keeping with the laws of the states of California and New York which require that service be made on an agent located in the respective state if a suit is brought in that state, the applicable office of Mendes and Mount stipulated in subparagraphs 1 and 2 above must be used for service of suit unless the provisions of paragraph C of this Article apply.