Common use of SERVICE OF SUIT Clause in Contracts

SERVICE OF SUIT. (a) At the request of the Ceding Company, the Reinsurer hereby agrees to submit to the jurisdiction of any court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdiction. Nothing in this Section 10.14 constitutes or should be understood to constitute a waiver of the rights of the Reinsurer to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement, and that, in any suit instituted against the Reinsurer under this Agreement, the Reinsurer will abide by the final decision of such court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on the Reinsurer’s behalf in the event such a suit shall be instituted. (c) Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer also hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, as the entity to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 5 contracts

Samples: Combination Coinsurance and Modified Coinsurance Agreement (SAFG Retirement Services, Inc.), Combination Coinsurance and Modified Coinsurance Agreement (SAFG Retirement Services, Inc.), Combination Coinsurance and Modified Coinsurance Agreement (SAFG Retirement Services, Inc.)

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SERVICE OF SUIT. (a) At A. This Article only applies to a Reinsurer domiciled outside of the United States and/or unauthorized in any state, territory or district of the United States having jurisdiction over the Company. Furthermore, this Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Article entitled Arbitration. 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 Agreement. B. In the event of any dispute, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of any obligation to arbitrate disputes arising from this Agreement or the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration . C. Service of process in any court of competent jurisdiction in the United States. It is further agreed that service of process on such suit against the Reinsurer in such suit may be made upon Corporation Service CompanyMendes and Mount, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000-0000 (“Firm”), or such other entity at its New York address as is specifically designated in the applicable signing party identified on behalf of the Reinsurer on the Reinsurer’s signature page of to this Agreement, and that, in any suit instituted against the Reinsurer under this Agreementinstituted, the Reinsurer will shall abide by the final decision of such court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, D. The Firm is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will shall enter a general appearance on upon the Reinsurer’s behalf in the event such a suit shall be instituted. (c) E. Further, as required by and pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer also hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 4 contracts

Samples: Quota Share Reinsurance Agreement (Tower Group, Inc.), Quota Share Reinsurance Agreement (CastlePoint Holdings, Ltd.), Quota Share Reinsurance Agreement (CastlePoint Holdings, Ltd.)

SERVICE OF SUIT. (aThis Article only applies to reinsurers domiciled outside the United States and/or unauthorized in any state, territory or district of the United States having jurisdiction over the Company.) At It is agreed that in the event of the failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer hereon, at the request of the Ceding Company, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of the rights Reinsurer’s right to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMendes and Mount, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000700 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement-0000, and that, that in any suit instituted against the Reinsurer under this Agreementinstituted, the Reinsurer will shall abide by the final decision of such court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will shall enter a general appearance on upon the Reinsurer’s behalf in the event such a suit shall be instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer also hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this AgreementAgreement of reinsurance, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 4 contracts

Samples: Aggregate Excess of Loss Agreement (Tower Group, Inc.), Aggregate Excess of Loss Agreement (Tower Group, Inc.), Aggregate Excess of Loss Agreement (CastlePoint Holdings, Ltd.)

SERVICE OF SUIT. (a) At This Clause applies only to a reinsurer domiciled outside the United States of America or should the Company be authorized to do business in the State of New York, a reinsurer unauthorized in New York as respects suits instituted in New York. It is agreed that in the event of the failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer hereon, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Clause constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, district court or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMessrs. Mendes & Mount, 1000 000 Xxxxx Xxxxxxxx Xxxxxx, Los Angeles, California 90017 or in the event the suit is instituted in New York State, Messrs. Xxxxxx xx xxx Xxxxxxxx& Xxxxx, Xxxxx 000Xxxx Xxxxxx, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement, Xxx Xxxx 00000 and that, that in any suit instituted against the Reinsurer under upon this Agreement, the Reinsurer will abide by the final decision of such court or of any Appellate Court appellate court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on upon the Reinsurer’s 's behalf in the event such a suit shall be instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer also hereon hereby designates the Superintendentsuperintendent, Commissioner commissioner or Director director of Insurance insurance or other officer specified for that purpose in the statute, statute or his or her successor or successors in office, office as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of . Note:-- Wherever used herein the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.terms:

Appears in 3 contracts

Samples: Reinsurance Agreement (Scpie Holdings Inc), Reinsurance Agreement (Scpie Holdings Inc), Reinsurance Agreement (Scpie Holdings Inc)

SERVICE OF SUIT. (a) At the request of the Ceding Company, the Reinsurer hereby agrees to submit to the jurisdiction of any court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdiction. Nothing in this Section 10.14 9.14 constitutes or should be understood to constitute a waiver of the rights of the Reinsurer to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement, and that, in any suit instituted against the Reinsurer under this Agreement, the Reinsurer will abide by the final decision of such court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on the Reinsurer’s behalf in the event such a suit shall be instituted. (c) Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer also hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, as the entity to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 9.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 2 contracts

Samples: Modified Coinsurance Agreement (SAFG Retirement Services, Inc.), Modified Coinsurance Agreement (SAFG Retirement Services, Inc.)

SERVICE OF SUIT. (a) At A. It is agreed that in the event of the failure of the Reinsurers hereon to pay any amount claimed to be due hereunder, the Reinsurers hereon, at the request of the Ceding CompanyCEDING COMPANY, the Reinsurer hereby agrees to will submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 clause constitutes or should be understood to constitute a waiver of Reinsurers' rights to commence an action in any court of competent jurisdiction in the rights of the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon CT Corporation Service CompanySystem, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000000 0xx Xxxxxx, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement, Xxx Xxxx 00000 and that, that in any suit instituted against the Reinsurer under any one of them upon this Agreement, the Reinsurer Reinsurers will abide by the final decision of such court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is B. The above named are authorized and directed to accept service of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of the Ceding Company CEDING COMPANY to give a written undertaking to the Ceding Company CEDING COMPANY that they will enter a general appearance on the Reinsurer’s upon Reinsurers' behalf in the event such a suit shall be instituted. (c) C. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer also Reinsurers hereon hereby designates designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company CEDING COMPANY or any beneficiary hereunder arising out of this Agreementcontract of reinsurance, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, designate the above named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) D. This Section 10.14 Article shall not be read to conflict with or override any the obligation of the Parties hereunder parties to arbitrate a dispute any and all disputes or difference differences arising out of this Agreement.

Appears in 2 contracts

Samples: Variable Annuity Reinsurance Agreement (Variable Separate Account of Anchor National Life Insur Co), Variable Annuity Reinsurance Agreement (Variable Separate Account of Anchor National Life Insur Co)

SERVICE OF SUIT. (aThis Article only applies to Reinsurers domiciled outside of the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Reinsured.) At It is agreed that in the event of the failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer hereon, at the request of the Ceding CompanyReinsured, the Reinsurer hereby agrees to will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any Court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court Court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction State in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMendes & Mount, 1000 Xxxxxx 750 Seventh Avenue, New York, New York 10019-6829, and that in any sxxx xxxxxxxxxx, xxx Xxxxxxxxx xxxx xxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement, and that, in any suit instituted against the Reinsurer under this Agreement, the Reinsurer will abide by the final xinal decision of such court Court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company Reinsured to give a written undertaking to the Ceding Company Reinsured that they will enter a general appearance on upon the Reinsurer’s 's behalf in the event such a suit shall be instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer also hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company Reinsured or any beneficiary hereunder arising out of this AgreementContract of reinsurance, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 2 contracts

Samples: Quota Share Reinsurance Contract (Darwin Professional Underwriters Inc), Quota Share Reinsurance Contract (Darwin Professional Underwriters Inc)

SERVICE OF SUIT. (a) At This Article applies only to the Reinsurer signatory hereto who is domiciled outside the United States of America or, should the Company be authorized to do business in the State of New York, that Reinsurer who is unauthorized in New York as respects suits instituted in New York. This Article is not intended to conflict with nor override the parties obligation to arbitrate their disputes in accordance with the Arbitration Article. It is agreed that in the event of the failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer hereon, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any Court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court Court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction State in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMendes & Mount, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement-0000, and that, that in any suit instituted against the Reinsurer under one of them upon this Agreement, the Reinsurer will abide by the final decision of such court Court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on upon the Reinsurer’s behalf in the event such a suit shall be is instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforthereof, the Reinsurer also hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statuteStatute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, designate the above named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 2 contracts

Samples: Quota Share Treaty (Amerinst Insurance Group LTD), Quota Share Treaty (Amerinst Insurance Group LTD)

SERVICE OF SUIT. (a) At A. This Article only applies to a Reinsurer domiciled outside of the United States and/or unauthorized in any state, territory or district of the United States having jurisdiction over the Company. Furthermore, this Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Article entitled Arbitration. 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 Agreement. B. In the event of any dispute, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of any obligation to arbitrate disputes arising from this Agreement or the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District CourtXxxxxxxx Xxxxx, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration . C. Service of process in any court of competent jurisdiction in the United States. It is further agreed that service of process on such suit against the Reinsurer in such suit may be made upon Corporation Service CompanyMendes and Mount, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000-0000(“Firm”), or such other entity at its New York address as is specifically designated in the applicable signing party identified on behalf of the Reinsurer on the Reinsurer’s signature page of to this Agreement, and that, in any suit instituted against the Reinsurer under this Agreementinstituted, the Reinsurer will shall abide by the final decision of such court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, D. The Firm is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will shall enter a general appearance on upon the Reinsurer’s behalf in the event such a suit shall be instituted. (c) E. Further, as required by and pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer also hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Brokerage Business Quota Share Reinsurance Agreement (Tower Group, Inc.)

SERVICE OF SUIT. (a) At A. This Article only applies to a Reinsurer domiciled outside of the United States and/or unauthorized in any state, territory or district of the United States having jurisdiction over the Company. Furthermore, this Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Article entitled Arbitration. 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 Agreement. B. In the event of any dispute, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of any obligation to arbitrate disputes arising from this Agreement or the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration . C. Service of process in any court of competent jurisdiction in the United States. It is further agreed that service of process on such suit against the Reinsurer in such suit may be made upon Corporation Service CompanyMendes and Mount, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000-0000(“Firm”), or such other entity at its New York address as is specifically designated in the applicable signing party identified on behalf of the Reinsurer on the Reinsurer’s signature page of to this Agreement, and that, in any suit instituted against the Reinsurer under this Agreementinstituted, the Reinsurer will shall abide by the final decision of such court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, D. The Firm is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will shall enter a general appearance on upon the Reinsurer’s behalf in the event such a suit shall be instituted. (c) E. Further, as required by and pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer also hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Quota Share Reinsurance Agreement (CastlePoint Holdings, Ltd.)

SERVICE OF SUIT. (a) At This Article is applicable only to an unauthorized Reinsurer in the State of New York or to a Reinsurer who is domiciled outside the United States of America. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with the ARBITRATION ARTICLE of this Agreement). In the event of the failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any a court of competent jurisdiction within the United States of America, and agrees to will comply with the all requirements necessary to give the such court jurisdiction with respect to any jurisdiction, and all court proceedings that matters hereunder shall be determined in accordance with the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision law and practice of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionsuch court. Nothing in this Section 10.14 clause constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any Court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court Court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction State in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMessrs. Mendes and Mount, 1000 Xxxxxx xx xxx Xxxxxxxx750 Seventh Avenue, Xxxxx 000New York, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement10019-6829, and that, that in any suit instituted against the Reinsurer under this Agreementxxxx xxxxxxxxxx, the Reinsurer will abide by the xxx Xxxxxxxxx xxxx xxxxx xx xxe final decision of such court the Court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on upon the Reinsurer’s 's behalf in the event such a suit shall be instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer also hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity firm to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Casualty Quota Share Reinsurance Agreement (Cii Financial Inc)

SERVICE OF SUIT. (a) At This Article applies only to the Reinsurer signatory hereto who is domiciled outside the United States of America or, should the Company be authorized to do business in the State of New York, that Reinsurer who is unauthorized in New York as respects suits instituted in New York. This Article is not intended to conflict with nor override the parties obligation to arbitrate their disputes in accordance with the Arbitration Article. It is agreed that in the event of the failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer hereon, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any Court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court Court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction State in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMendes & Mount, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement-0000, and that, that in any suit instituted against the Reinsurer under one of them upon this Agreement, the Reinsurer will abide by the final decision of such court Court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on upon the Reinsurer’s 's behalf in the event such a suit shall be is instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforthereof, the Reinsurer also hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statuteStatute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, designate the above named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Quota Share Treaty (Amerinst Insurance Group Inc)

SERVICE OF SUIT. (a) At In the event of the failure of the Reinsurer to pay any amount claimed to be due hereunder following an arbitration decision, or if court action is necessary to aid arbitration, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any court of competent jurisdiction within in the United States State and agrees to City of New York and will comply with the all requirements necessary to give such court jurisdiction. All matters arising hereunder shall be determined in accordance with the court jurisdiction with respect to any law and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision practice of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionsuch court. Nothing in this Section 10.14 ARTICLE XX constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service Service of process on the Reinsurer in such suit may be made upon Corporation Service Company, 1000 Xxxxxx xx xxx XxxxxxxxXxxxxx, Xxxxx 000& Xxxxxxx LLP, 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in 00000 (the applicable signing page "agent for service of this Agreement, process") and that, in any suit instituted against the Reinsurer under upon this Agreement, the Reinsurer will abide by the final decision of such court or of any Appellate Court appellate court in the event of an appeal whose decision is no longer subject to appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, . The above-named agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon and the request of the Ceding Company to give a written undertaking to the Ceding Company Reinsurer hereby agrees that they will enter a general appearance on the Reinsurer’s behalf in the event any such a suit service shall be instituted. (c) deemed good and sufficient service under the New York Civil Practice Laws and Rules. Further, pursuant to any statute of any state, territory or district of the United States of America which makes provision therefor, requires that the Reinsurer also appoint a person designated by such statute as its agent for service of process, Reinsurer hereby designates the Superintendent, Commissioner or Commissioner, Director of Insurance Insurance, or other officer specified for that purpose in the such statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the agent for service of process as the entity firm to whom the said officer is authorized to mail such process or a true copy thereofthereof if such agent must be in the United States, otherwise such process shall be mailed to the Reinsurer at its address for notice under Article XXII hereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Quota Share Retrocessional Agreement (Pxre Group LTD)

SERVICE OF SUIT. (aThis Article applies only if the Reinsurer is domiciled outside the United States of America and/or unauthorized in any state, territory, or district of the United States of 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 to arbitrate their disputes in accordance with the Arbitration Article.) At In the event of the failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to shall comply with the all requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdiction. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service Service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMendes and Mount, 1000 Xxxxxx xx xxx Xxxxxxxx750 Seventh Avenue, Xxxxx 000New York, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement, and that, in 10019-6829. In any suit instituted against the Reinsurer under this Agreementinsxxxxxxx xxxxxxx xx xxxx xxxx Xxxxxxxxx, the Reinsurer will xxx Xxxxxurer shall abide by the final decision of such court or of any Appellate Court appellate court in the event of an any appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will shall enter a general appearance on upon the Reinsurer’s 's behalf in the event such a suit shall be instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer also hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her the successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder hereunder, arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Surety Quota Share Treaty (Cna Surety Corp)

SERVICE OF SUIT. (a) At A. This Article applies only to those Reinsurers not domiciled in the United States of America, and/or not authorized in any state, territory and/or district of the United States of America where authorization is required by insurance regulatory authorities. B. This Article shall not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This Article is intended as Effective: January 1, 2012 23 of 37 DOC: December 29, 2011 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. C. In the event of the failure of the Reinsurer to perform its obligations hereunder, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States. The Reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to commence an action in connection with the arbitration in any give said court of competent jurisdiction in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement, and thatand, in any suit instituted against the Reinsurer under upon this AgreementContract, the Reinsurer will shall abide by the final decision of such court or of any Appellate Court appellate court in the event of an appeal. (b) Corporation D. Service Companyof process in such suit may be made upon Xxxxx, 1000 Xxxxxx xx xxx Xxxxx & Xxxxxxxx, LLC, 00 Xxxx Xxxxxxx Xxxxxx, Xxxxx 0000000, Xxx XxxxXxxxxxx, XX Xxxxxxxx 00000, or such other designated entity, is . The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on the Reinsurer’s behalf in the event such a suit shall be institutedsuit. (c) E. Further, pursuant to any statute of any state, territory or district of the United States which that makes provision therefor, the Reinsurer also hereby designates the Superintendent, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Reinsurance Contract (Assuranceamerica Corp)

SERVICE OF SUIT. (a) At This Service of Suit Article will not he read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the 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 Reinsurers to pay any amount claimed to be due hereunder, the Reinsurers, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any court a Court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of the Reinsurers' rights to commence an action in any Court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court Court as permitted by the Applicable Laws laws of the United States or of any state in the United States. The Reinsurers, once the appropriate Court is selected, whether such court is the one originally chosen by the Company and accepted by Reinsurers or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to commence an action in connection with the arbitration in any court of competent give said Court jurisdiction in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement, and thatand, in any suit instituted against the Reinsurer under any of them upon this AgreementContract, the Reinsurer will abide by the final decision of such court Court or of any Appellate Court in the event of an appeal. (b) Corporation . Service Companyof process in such suit may be made upon Mendes & Mount, 1000 Xxxxxx 750 Seventh Avenue, New York, New York 10019-6829. The abxxx-xxxxx xxx xxxxxxxxxx xxx xxxxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is authorized and directed to accept service xxxxxx xervice of process on behalf of the Reinsurer Reinsurers in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on the Reinsurer’s behalf in the event such a suit shall be instituted. (c) suit. Further, pursuant to any statute of any state, territory or district of the United States which that makes provision therefor, the Reinsurer also Reinsurers hereby designates designate the Superintendent, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding proceedings instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, designate the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Second Excess Cession Reinsurance Contract (Darwin Professional Underwriters Inc)

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SERVICE OF SUIT. (a) At In the event of the failure of the Reinsurer to pay any amount claimed to be due hereunder following an arbitration decision, or if court action is necessary to aid arbitration, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any court of competent jurisdiction within in the United States State and agrees to City of New York and will comply with the all requirements necessary to give such court jurisdiction. All matters arising hereunder shall be determined in accordance with the court jurisdiction with respect to any law and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision practice of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionsuch court. Nothing in this Section 10.14 ARTICLE XX constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service Service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyXxxx X. Xxxxxx P.C., 1000 Xxxxxx xx xxx Xxxxxxxx00 Xxxx 00xx Xxxxxx, Xxxxx 0000xx Xxxxx, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in 00000 (the applicable signing page "agent for service of this Agreement, process") and that, in any suit instituted against the Reinsurer under upon this Agreement, the Reinsurer will abide by the final decision of such court or of any Appellate Court appellate court in the event of an appeal whose decision is no longer subject to appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, . The above-named agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon and the request of the Ceding Company to give a written undertaking to the Ceding Company Reinsurer hereby agrees that they will enter a general appearance on the Reinsurer’s behalf in the event any such a suit service shall be instituted. (c) deemed good and sufficient service under the New York Civil Practice Laws and Rules. Further, pursuant to any statute of any state, territory or district of the United States of America which makes provision therefor, requires that the Reinsurer also appoint a person designated by such statute as its agent for service of process, Reinsurer hereby designates the Superintendent, Commissioner or Commissioner, Director of Insurance Insurance, or other officer specified for that purpose in the such statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the agent for service of process as the entity firm to whom the said officer is authorized to mail such process or a true copy thereofthereof if such agent must be in the United States, otherwise such process shall be mailed to the Reinsurer at its address for notice under Article XXIII hereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Facultative Obligatory Quota Share Retrocessional Agreement (Pxre Corp)

SERVICE OF SUIT. (a) At In the event of the failure of Aspen or Aspen Parent to perform their respective obligations hereunder, they, at the request of the Ceding CompanyReinsurer, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 16.9 constitutes or should be understood to constitute a waiver of Aspen’s or Aspen Parent’s rights to commence an action in any court of competent jurisdiction in the rights of the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States. Aspen and Aspen Parent, once the appropriate court is selected, whether such court is the one originally chosen by the Reinsurer and accepted by 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 Aspen or Aspen Parent, as applicable, under this Agreement, shall abide by the final decision of such court or of any appellate court in the event of an appeal. (b) Unless Aspen or Aspen Parent designates a different party in writing, service of process in such suit may be made upon 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. (c) In the event of the failure of the Reinsurer to perform its obligations hereunder, the Reinsurer, at the request of Aspen, 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 Reinsurer’s rights to commence an action in connection with the arbitration 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 any state in the United States. It The Reinsurer, once the appropriate court is further agreed that service of process on selected, whether such court is the one originally chosen by Xxxxx and accepted by the Reinsurer in such suit may be made upon Corporation Service Companyor is determined by removal, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000transfer, or such other entity at its New York address otherwise, as is specifically designated in the applicable signing page of this Agreementprovided for above, and thatshall comply with all requirements necessary to give said court jurisdiction and, in any suit instituted against the Reinsurer under this Agreement, the Reinsurer will shall abide by the final decision of such court or of any Appellate Court appellate court in the event of an appeal. (bd) Corporation Service CompanyUnless the Reinsurer designates a different party in writing, 1000 Xxxxxx xx xxx Xxxxxxxxservice of process in such suit may be made upon Enstar (US) Inc., 000 Xxxxx 000Xxxxxx, Xx. 0, Xxx Xxxx, XX 00000, or such other designated entityAttention: Senior Vice President, Legal Director US, which is hereby authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on the Reinsurer’s behalf in the event such a suit shall be institutedsuit. (ce) Further, pursuant to any statute of any stateState, territory Territory or district District of the United States which makes provision therefor, the Reinsurer also hereby designates the Superintendent, Commissioner or the Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company Aspen or any beneficiary hereunder arising out of this Agreement, Agreement and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other the above-named entity as designated, as the entity to whom the said officer is authorized to mail such process or a true copy thereof; provided that process is concurrently served upon the Reinsurer in accordance with Section 16.9(d). (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Reinsurance Agreement (Aspen Insurance Holdings LTD)

SERVICE OF SUIT. (a) At A. This Article only applies to a Reinsurer domiciled outside of the United States and/or unauthorized in any state, territory or district of the United States having jurisdiction over the Company. Furthermore, this Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Article entitled Arbitration. 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 Agreement. B. In the event of any dispute, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of any obligation to arbitrate disputes arising from this Agreement or the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District CourtXxxxxxxx Xxxxx, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration . C. Service of process in any court of competent jurisdiction in the United States. It is further agreed that service of process on such suit against the Reinsurer in such suit may be made upon Corporation Service CompanyMendes and Mount, 1000 Xxxxxx xx xxx Xxxxxxxx750 Seventh Avenue, Xxxxx 000New York, Xxx Xxxx, XX 00000New York 10019-6829(“Firm”), or such other entity at its New York address as is specifically designated in the applicable signing party identified on behalf of the Reinsurer on the Reinsurer’s signature page of to this Agreement, and that, in any suit instituted against the Reinsurer under this Agreementinstituted, the Reinsurer will shall abide by the final decision of such court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, D. The Firm is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will shall enter a general appearance on upon the Reinsurer’s behalf in the event such a suit shall be instituted. (c) E. Further, as required by and pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer also hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Brokerage Business Quota Share Reinsurance Agreement (CastlePoint Holdings, Ltd.)

SERVICE OF SUIT. (a) At This Article only applies to reinsurers domiciled outside of the United States and/or unauthorized in any state, territory, or district of the United States having jurisdiction over the Company). It is agreed that in the event of the failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer hereon, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 clause constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMendes & Mount, 1000 Xxxxxx 750 Seventh Avenue, New York, New York 10019, xxx xxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of xxxx xxxxxxxxxx xxxxxxx xxx Reinsurer upon this Agreement, and that, in any suit instituted against the Reinsurer under this AgreementContract, the Reinsurer will abide by the final decision of such court or of any Appellate Court appellate court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company Company, that they will enter a general appearance on upon the Reinsurer’s 's behalf in the event such a suit shall be instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer also hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this AgreementContract of reinsurance, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Reinsurance Contract (Penn America Group Inc)

SERVICE OF SUIT. (aThis Article applies only if the Reinsurer is domiciled outside the United States of America and/or unauthorized in any state, territory, or district of the United States of 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 to arbitrate their disputes in accordance with the Arbitration Article.) At In the event of the failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to shall comply with the all requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdiction. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service Service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMendes and Mount, 1000 Xxxxxx xx 750 Seventh Avenue, New York, Nxx Xxxx 00000-0000. Xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of xxxx xxxxxxxxxx xxxxxxt it upon this Agreement, and that, in any suit instituted against the Reinsurer under this AgreementContract, the Reinsurer will shall abide by the final decision of such court or of any Appellate Court appellate court in the event of an any appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will shall enter a general appearance on upon the Reinsurer’s 's behalf in the event such a suit shall be instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer also hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her the successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder hereunder, arising out of this AgreementContract, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity person to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Surety Excess of Loss Reinsurance Contract (Cna Surety Corp)

SERVICE OF SUIT. (a) This Section 18.17 shall only be applicable if the Reinsurer becomes domiciled outside of the United States or is neither licensed nor accredited by the state(s) in which any company included in the Reinsured is domiciled. (b) At the request of the Ceding CompanyReinsured and notwithstanding the provisions of Article XIII or Section 18.1, the Reinsurer hereby agrees to submit to the jurisdiction of any court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company Reinsured may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdiction. Nothing in this Section 10.14 herein constitutes or should be understood to constitute a waiver of the rights of the Reinsurer to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United StatesDesignated Court. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyXxxxx & Co., 1000 Xxxxxx xx xxx XxxxxxxxThe Chrysler Building, Xxxxx 000000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, or such other entity at its New York address as is specifically designated by the Reinsurer in writing to the applicable signing page of this AgreementReinsured, and that, in any suit instituted against the Reinsurer under this Reinsurance Agreement, the Reinsurer will abide by the final decision of such court or of any Appellate Court appellate court in the event of an appeal. (bc) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000& Co., or such other designated entity, is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company Reinsured to give a written undertaking to the Ceding Company Reinsured that they it will enter a general appearance on the Reinsurer’s behalf in the event such a suit shall be instituted. (cd) Further, pursuant to any statute of any state, territory or district of the United States which that makes provision therefor, the Reinsurer also hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company Reinsured or any beneficiary hereunder arising out of this Reinsurance Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000& Co., or such other entity as designated, as the entity to whom the said such officer is authorized to mail such process or a true copy thereof. (de) This Nothing in this Section 10.14 18.17 shall not be read to conflict with or override any the obligation of the Parties hereunder to arbitrate a dispute any and all disputes or difference differences arising out of this Reinsurance Agreement.

Appears in 1 contract

Samples: Aggregate Excess of Loss Reinsurance Agreement (American International Group Inc)

SERVICE OF SUIT. (a) At A. This Article only applies to a Reinsurer domiciled outside of the United States and/or unauthorized in any state, territory or district of the United States having jurisdiction over the Company. Furthermore, this Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Article entitled Arbitration. 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 Agreement. B. In the event of any dispute, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to shall submit to the jurisdiction of any a court of competent jurisdiction within the United States and agrees to comply with the requirements necessary to give the court jurisdiction with respect to any and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionStates. Nothing in this Section 10.14 Article constitutes or should be understood to constitute a waiver of any obligation to arbitrate disputes arising from this Agreement or the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration . C. Service of process in any court of competent jurisdiction in the United States. It is further agreed that service of process on such suit against the Reinsurer in such suit may be made upon Corporation Service CompanyMendes and Mount, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000-0000 (“Firm”), or such other entity at its New York address as is specifically designated in the applicable signing party identified on behalf of the Reinsurer on the Reinsurer’s signature page of to this Agreement, and that, in any suit instituted against the Reinsurer under this Agreementinstituted, the Reinsurer will shall abide by the final decision of such court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, D. The Firm is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will shall enter a general appearance on upon the Reinsurer’s behalf in the event such a suit shall be instituted. (c) E. Further, as required by and pursuant to any statute of any state, territory or district of the United States which makes provision therefortherefore, the Reinsurer also hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, as the entity to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.that

Appears in 1 contract

Samples: Quota Share Reinsurance Agreement (CastlePoint Holdings, Ltd.)

SERVICE OF SUIT. (a) At In the event of the failure of the Reinsurer to pay any amount claimed to be due hereunder following an arbitration decision, or if court action is necessary to aid arbitration, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any court of competent jurisdiction within in the United States State and agrees to City of New York and will comply with the all requirements necessary to give such court jurisdiction. All matters arising hereunder shall be determined in accordance with the court jurisdiction with respect to any law and all court proceedings that the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision practice of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionsuch court. Nothing in this Section 10.14 ARTICLE 20 constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction in the United States. It is further agreed that service Service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyNancy Corbett esq., 1000 Xxxxxx xx xxx XxxxxxxxSidley Austin Brown & Wood, Xxxxx 000787 Seventh Avenue, Xxx Nxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of 00019 (txx "xxexx xxx xxxxxce xx xroxxxx") xxx xx xxx xxxx xxxxxxxxxx xxxx this Agreement, and that, in any suit instituted against the Reinsurer under this AgreementContract, the Reinsurer will abide by the final decision of such court or of any Appellate Court appellate court in the event of an appeal whose decision is no longer subject to appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, . The above-named agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon and the request of the Ceding Company to give a written undertaking to the Ceding Company Reinsurer hereby agrees that they will enter a general appearance on the Reinsurer’s behalf in the event any such a suit service shall be instituted. (c) deemed good and sufficient service under the New York Civil Practice Laws and Rules. Further, pursuant to any statute of any state, territory or district of the United States of America which makes provision therefor, requires that the Reinsurer also appoint a person designated by such statute as its agent for service of process, Reinsurer hereby designates the Superintendent, Commissioner or Commissioner, Director of Insurance Insurance, or other officer specified for that purpose in the such statute, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the agent for service of process as the entity firm to whom the said officer is authorized to mail such process or a true copy thereofthereof if such agent must be in the United States, otherwise such process shall be mailed to the Reinsurer at its address for notice under Article 23 hereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Retrocession Contract (Pxre Group LTD)

SERVICE OF SUIT. (aThis Article is applicable only to an unauthorized Reinsurer in the State of New York or to a Reinsurer who is domiciled outside the United States of America. This Article is not intended to conflict with or override the parties' obligation to arbitrate their disputes in accordance with the ARBITRATION ARTICLE of this Agreement.) At In the event of the failure of the Reinsurer hereon to pay any amount claimed to be due hereunder, the Reinsurer, at the request of the Ceding Company, the Reinsurer hereby agrees to will submit to the jurisdiction of any a court of competent jurisdiction within the United States of America, and agrees to will comply with the all requirements necessary to give the such court jurisdiction with respect to any jurisdiction, and all court proceedings that matters hereunder shall be determined in accordance with the Ceding Company may initiate in connection with an arbitration, including proceedings to compel, stay or enjoin arbitration or to confirm, vacate, modify or correct an arbitration award. The Reinsurer agrees to abide by the final decision law and practice of that court or of an appellate court in the event of an appeal, and consents to any effort to enforce the final decision of that court within its home jurisdiction, including the granting of full faith and credit or comity in the Reinsurer’s home jurisdiction or any other jurisdiction where the Reinsurer is subject to jurisdictionsuch court. Nothing in this Section 10.14 clause constitutes or should be understood to constitute a waiver of the Reinsurer's rights to commence an action in any Court of competent jurisdiction in the Reinsurer United States, to remove such an action to a United States District Court, or to seek a transfer of such a case to another court Court as permitted by the Applicable Laws laws of the United States or of any state in the United States, or to commence an action in connection with the arbitration in any court of competent jurisdiction State in the United States. It is further agreed that service of process on the Reinsurer in such suit may be made upon Corporation Service CompanyMessrs. Mendes and Mount, 1000 Xxxxxx xx xxx Xxxxxxxx750 Seventh Avenue, Xxxxx 000New York, Xxx Xxxx, XX 00000, or such other entity at its New York address as is specifically designated in the applicable signing page of this Agreement10019-6829, and thatthat in anx xxxx xxxxxxxxxx, in any suit instituted against the Reinsurer under this Agreement, the Reinsurer will abide by xxx Xxxxxxxxx xxxx xxxxx xx the final decision of such court the Court or of any Appellate Court in the event of an appeal. (b) Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other designated entity, is . The above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Ceding Company to give a written undertaking to the Ceding Company that they will enter a general appearance on upon the Reinsurer’s 's behalf in the event such a suit shall be instituted. (c) . Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer also hereon hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his or her successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates Corporation Service Company, 1000 Xxxxxx xx xxx Xxxxxxxx, Xxxxx 000, Xxx Xxxx, XX 00000, or such other entity as designated, the above-named as the entity firm to whom the said officer is authorized to mail such process or a true copy thereof. (d) This Section 10.14 shall not be read to conflict with or override any obligation of the Parties hereunder to arbitrate a dispute or difference arising out of this Agreement.

Appears in 1 contract

Samples: Reinsurance Agreement (Cii Financial Inc)

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