SERVICE OF SUIT. It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded by the arbitration tribunal referred to in the Arbitration Clause herein, the Reinsurers hereon, at the request of the Reassured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Reinsurers in any such suit and/or upon the request of the Reassured to give a written undertaking to the Reassured that they will enter a general appearance upon Reinsurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured or any beneficiary hereunder arising out of this Contract of reinsurance, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 3 contracts
Samples: Excess Cession Reinsurance Contract (Darwin Professional Underwriters Inc), Excess Cession Reinsurance Contract (Darwin Professional Underwriters Inc), Excess of Loss Reinsurance Contract (Darwin Professional Underwriters Inc)
SERVICE OF SUIT. 12.01 It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded obligations under this Agreement are not performed by the arbitration tribunal referred to in the Arbitration Clause herein, the Reinsurers hereonReinsurer, at the request of the ReassuredReinsured, will the Reinsurer shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service Service of process process, in any such suit suit, may be made upon Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will then duly elected officer of the Reinsurer (agent for service of process) at [enter address of Reinsurer]. The Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. , for any suit instituted against the Reinsurer under this Agreement.
12.02 The above-named are agent for service of process is authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured to Reinsured, give a written undertaking to the Reassured Reinsured that they the agent will enter a general appearance upon Reinsurers' on behalf of the Reinsurer in the event such a suit shall be is instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon .
12.03 The Reinsurer hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Iowa, as their its true and lawful attorney upon whom agent for service of process (in addition to the above named agent), who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured Reinsured or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-above named as the person to whom the said officer Reinsured is authorized to mail such process or a true copy thereof.
Appears in 3 contracts
Samples: Reinsurance Agreement (Symetra Financial CORP), Reinsurance Agreement (Symetra Financial CORP), Reinsurance Agreement (Symetra Financial CORP)
SERVICE OF SUIT. It is agreed that in the event of the failure of the Reinsurer hereon to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due hereunder, the Reinsurers Reinsurer hereon, at the request of the ReassuredCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States. Nothing States and will comply with all requirements necessary to give such court jurisdiction and all matter arising hereunder shall be determined in this Article constitutes or should be understood to constitute a waiver accordance with the law and practice of Reinsurers' rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United Statessuch court. It is further agreed that service of process in such suit may be made upon Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, the parties indicated in the Schedule(s) and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contractinstituted against any of them upon this contract, Reinsurers the Reinsurer will abide by the final decision of such court or appellate court in the event of an appeal. The Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above-named party(ies) listed in the Schedule(s) are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured Company that they will enter a general appearance upon Reinsurers' the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory territory, or district of the United States which makes provision thereforeprovisions therefor, Reinsurers Reinsurer hereon hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as 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 Reassured Company or any beneficiary hereunder arising out of this Contract Agreement of reinsurance, and hereby designate the above-above named as the person to whom the said officer office is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Facultative Reinsurance Agreement (Rent a Wreck of America Inc), Facultative Reinsurance Agreement (Rent a Wreck of America Inc)
SERVICE OF SUIT. (This Article applies only to those Reinsurers not domiciled in the Cayman Islands) It is agreed that that, in the event of the failure of the Reinsurer to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due under this Agreement, the Reinsurers hereonReinsurer, at the request of the ReassuredReinsured, will submit to the jurisdiction of a any court of competent jurisdiction within the United Stateslocation specified in the Choice of Law and Jurisdiction section of the Particular Conditions and will comply with all requirements necessary to give such court jurisdiction; and all matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this 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 United States, to remove an action to a United States District Courtlocation specified in the Choice of Law and Jurisdiction section of the Particular Conditions, or to seek a transfer of a case to another court as permitted by the laws law of the United States or of any state in the United Statesthat country. It is further agreed that service Service of process in such suit may be made upon Mendes Xxxxxx & MountXxxxxx, 750 Seventh AvenueP.O. Box 309GT, New YorkXxxxxx House, New York 10019South Church Street, Xxxxxx Town, Grand Cayman, Cayman Islands (hereinafter, “agent for service of process”) and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contractinstituted against any Reinsurers upon this Agreement, the Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal. The above-above named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured Reinsured to give a written undertaking to the Reassured Reinsured that they the agent for service of process will enter a general appearance upon Reinsurers' on behalf of the Reinsurer in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district country in the location specified in the Choice of Law and Jurisdiction section of the United States Particular Conditions, which makes make provision therefore, Reinsurers hereon the Reinsurer hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in officedesignates Xxxxxx & Xxxxxx, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured Reinsured or any beneficiary hereunder arising out of this Contract of reinsurance, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereofAgreement.
Appears in 2 contracts
Samples: Residential Property Catastrophe Excess of Loss Reinsurance Agreement (Flagstone Reinsurance Holdings LTD), Umbrella Property Catastrophe Excess of Loss Reinsurance Agreement (Flagstone Reinsurance Holdings LTD)
SERVICE OF SUIT. It is agreed that in the event of the failure of the Reinsurer hereon to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due hereunder, the Reinsurers Reinsurer hereon, at the request of the ReassuredReinsured, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer's rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. It is further agreed that service of process in such suit may be made upon Mendes Bakex & MountXcKexxxx, 750 Seventh Avenue005 Xxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx, and 00000, xxd that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contractinstituted against any one of them upon this Agreement, Reinsurers the Reinsurer will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above-above named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured Reinsured to give a written undertaking to the Reassured Reinsured that they will enter a general appearance upon Reinsurers' the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, Reinsurers the Reinsurer hereon hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, 15 16 or his successor or successors in office, office as their his 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 Reassured Reinsured or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 2 contracts
Samples: Casualty Excess of Loss Reinsurance Agreement (Delphi International LTD), Casualty Excess of Loss Reinsurance Agreement (Delphi International LTD)
SERVICE OF SUIT. It (This Article applies only if the Reinsurer is agreed 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.) In the event of the failure of the any Reinsurer hereon to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due hereunder, the Reinsurers hereonsuch Reinsurer, at the request of the ReassuredCompany, will shall submit to the jurisdiction of a court of competent jurisdiction within the United StatesStates and shall comply with all requirements necessary to give that court jurisdiction. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, Surety Excess of Loss (Dick Corporation) Effective: January 1, 2005 Page 11 of 15 (Revised - 5/10/05) or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service Service of process in such suit may be made upon Mendes & and Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019, and that in Xxx Xxxx 00000-0000. In any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx instituted against it upon this Contract, Reinsurers will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an any appeal. The above-named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured Company that they will shall enter a general appearance upon Reinsurers' the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, Reinsurers the Reinsurer hereon hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his the successor or successors in office, as their 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 Reassured Company or any beneficiary hereunder hereunder, arising out of this Contract of reinsuranceContract, and hereby designate designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Surety Excess of Loss Reinsurance Contract (Cna Surety Corp)
SERVICE OF SUIT. 13.01 It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded obligations under this Agreement are not performed by the arbitration tribunal referred to in the Arbitration Clause herein, the Reinsurers hereonReinsurer, at the request of the ReassuredCeding Company, will the Reinsurer shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service Service of process process, in any such suit suit, may be made upon Mendes & Mountany then duly elected officer of the Reinsurer (agent for service of process) at 400 Xxxxx Xxxxx Xxxxxx, 750 Seventh AvenueSuite 800, New YorkCharlotte, New York 10019, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will North Carolina 28202. The Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. , for any suit instituted against the Reinsurer under this Agreement.
13.02 The above-named are agent for service of process is authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured to Ceding Company, give a written undertaking to the Reassured Ceding Company that they the agent will enter a general appearance upon Reinsurers' on behalf of the Reinsurer in the event such a suit shall be is instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon .
13.03 The Reinsurer hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Ohio, as their its true and lawful attorney upon whom agent for service of process (in addition to the above named agent), who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured Ceding Company or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-above named as the person to whom the said officer Ceding Company is authorized to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded by the arbitration tribunal referred to in the Arbitration Clause herein, the Reinsurers hereon, at the request of the Reassured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx them upon this Contract, Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Reinsurers in any such suit and/or upon the request of the Reassured to give a written undertaking to the Reassured that they will enter a general appearance upon Reinsurers' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured or any beneficiary hereunder arising out of this Contract of reinsurance, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Excess Cession Reinsurance Contract (Darwin Professional Underwriters Inc)
SERVICE OF SUIT. It (This article applies to other than authorized Reinsurers and to Reinsurers who are domiciled outside the United States of America.) 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 agreed that in 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. In the event of the failure of the Reinsurer to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due hereunder, the Reinsurers hereonReinsurer, at the request of the ReassuredCompany, will shall submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurers' ’ rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state in the United States. It The Reinsurer, once the appropriate Court is further agreed that service selected, whether such court is the one originally chosen by the company and accepted by Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, shall comply with all requirements necessary to give said Court jurisdiction and, in any suit instituted against any of them upon this Agreement, shall abide by the final decision of such Court or of any Appellate Court in the event of an appeal. Service of process in such suit may be made upon Mendes & Mount, 750 Seventh AvenueLLP, New York000 Xxxxxxx Xxxxxx, New York 10019Xxx Xxxx, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appealXX 00000-0000. The above-named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured to give a written undertaking to the Reassured that they will enter a general appearance upon Reinsurers' behalf in the event such a suit shall be institutedsuit. Further, pursuant to any statute of any state, territory or district of the United States which that makes provision therefore, Reinsurers hereon the Reinsurer hereby designate the Superintendent, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or his their successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding proceedings instituted by or on behalf of the Reassured Company or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. It 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 agreed that in required by insurance regulatory authorities.
B. In the event of the failure of the a Reinsurer to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due under this Contract, the Reinsurers hereonReinsurer, at the request of the ReassuredCompany, will shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates of America and shall comply with all requirements necessary to give such court jurisdiction; and all matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer's rights to commence an action in any court of competent jurisdiction in the United StatesStates of America, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or of any state in the United StatesStates of America. It is further agreed that service Effective: January 1, 0000 XXX: May 6, 2003 8958-00-0016-00 XXX XXXXXXXXX
C. Service of process in such suit may be made upon Messrs. Mendes & and Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-0000 (hereinafter, "agent for service of process"), and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx instituted against the Reinsurer upon this Contract, Reinsurers will the Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. The above-above named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured Company that they will the agent for service of process shall enter a general appearance upon Reinsurers' on behalf of the Reinsurer in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which of America that makes provision thereforetherefor, Reinsurers hereon the Reinsurer hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their 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 Reassured Company or any beneficiary hereunder arising out of this Contract of reinsurance, and hereby designate designates the above-named agent for service of process as the person firm to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Quota Share Reinsurance Contract (Direct General Corp)
SERVICE OF SUIT. It 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 agreed that in required by insurance regulatory authorities.
B. In the event of the failure of the a Reinsurer to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due under this Contract, the Reinsurers hereonReinsurer, at the request of the ReassuredCompany, will shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates of America and shall comply with all requirements necessary to give such court jurisdiction; and all matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United StatesStates of America, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or of any state in the United States. It is further agreed that service States of America.
C. Service of process in is such suit may be made upon Mendes & Messrs. Mxxxxx and Mount, 750 Seventh Avenue700 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-0000 (hereinafter, “agent for service of process”), and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx instituted against the Reinsurer(s) upon this Contract, Reinsurers will the Reinsurer(s) shall abide by the final decision of such court or of any appellate court in the event of an appeal. .
D. The above-above named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer(s) in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured Company that they will the agent for service of process shall enter a general appearance upon Reinsurers' on behalf of the Reinsurer(s) in the event such a suit shall be instituted. .
E. Further, pursuant to any statute of any state, territory or district of the United States which of America that makes provision thereforetherefor, Reinsurers hereon the Reinsurer(s) hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their 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 Reassured Company or any beneficiary hereunder arising out our of this Contract of reinsurance, and hereby designate designates the above-named agent for service of process as the person firm to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Quota Share Reinsurance Contract (Philadelphia Consolidated Holding Corp)
SERVICE OF SUIT. 13.01 It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded obligations under this Agreement are not performed by the arbitration tribunal referred to in the Arbitration Clause herein, the Reinsurers hereonReinsurer, at the request of the ReassuredCeding Company, will the Reinsurer shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service Service of process process, in any such suit suit, may be made upon Mendes & Mountany then duly elected officer of the Reinsurer (agent for service of process) at 000 Xxxxx Xxxxx Xxxxxx, 750 Seventh AvenueSuite 800, New YorkCharlotte, New York 10019, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will North Carolina 28202. The Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. , for any suit instituted against the Reinsurer under this Agreement.
13.02 The above-named are agent for service of process is authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured to Ceding Company, give a written undertaking to the Reassured Ceding Company that they the agent will enter a general appearance upon Reinsurers' on behalf of the Reinsurer in the event such a suit shall be is instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon .
13.03 The Reinsurer hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Ohio, as their its true and lawful attorney upon whom agent for service of process (in addition to the above named agent), who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured Ceding Company or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-above named as the person to whom the said officer Ceding Company is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Reinsurance Agreement
SERVICE OF SUIT. It is agreed that in In the event of the failure of the Reinsurer to pay any amount awarded by the claimed to be due hereunder following an arbitration tribunal referred decision, or if court action is necessary to in the Arbitration Clause hereinaid arbitration, the Reinsurers hereonReinsurer, at the request of the ReassuredCompany, will submit to the jurisdiction of a any court of competent jurisdiction within in the United StatesState and City of New York and will comply with all requirements necessary to give such court jurisdiction. All matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article ARTICLE XVI constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service Service of process in such suit may be made upon Mendes Xxxxxx, Xxxxx & MountXxxxxxx LLP, 750 Seventh Avenue000 Xxxx Xxxxxx, New YorkXxx Xxxx, New York 10019, XX 00000 (the "agent for service of process") and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contractinstituted upon this Agreement, Reinsurers the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal whose decision is no longer subject to appeal. The above-named are agent for service of process is authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon and the request of the Reassured to give a written undertaking to the Reassured Reinsurer hereby agrees that they will enter a general appearance upon Reinsurers' behalf in the event any such a suit service shall be instituteddeemed 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 thereforerequires that the Reinsurer appoint a person designated by such statute as its agent for service of process, Reinsurers hereon Reinsurer hereby designate designates the Superintendent, Commissioner or Commissioner, Director of Insurance Insurance, or other officer specified for that purpose in the such statute, or his successor or successors in office, as their 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 Reassured Company or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-named agent for service of process as the person 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 XVIII hereof.
Appears in 1 contract
Samples: Quota Share Retrocessional Agreement (Pxre Group LTD)
SERVICE OF SUIT. It is agreed that in In the event of the failure of the Reinsurer to pay any amount awarded claimed to be due hereunder or as ordered by the arbitration tribunal referred a panel of arbitrators pursuant to in the Arbitration Clause hereinArticle 18, the Reinsurers hereonReinsurer, at the request of the ReassuredCompany, will 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 Reinsurers' rights to commence an action in any court of competent jurisdiction in In such event, Reinsurer shall have the United States, right to remove an action to a an appropriate United States District Court, Court or to seek a transfer or remand of a case to another court as permitted by the laws of the United States or of any state in State of the United States. It is further agreed that service of The Company may serve process in such suit may be made upon Mendes & MountReinsurer by serving its agent: Caledonian Insurance Services Limited Attention: Xxxxx Xxxxxxxx, 750 Seventh AvenueManaging Director P.O. Box 1043 GT, New York, New York 10019, Grand Cayman Cayman Islands and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contractinstituted against Reinsurer upon this Agreement, Reinsurers Reinsurer will abide by the final decision of such the court or of any appellate court or, in the event of an appeal, of any appellate court of competent jurisdiction in the United States. The right of the Company to bring suit as provided herein shall be limited to a suit brought in its own name and for its own account. The above-named are authorized agent is authorised and directed to accept service of process on behalf of Reinsurers Reinsurer in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured that they Company that, subject to the right to seek removal, remand or transfer of such suit to any other court of competent jurisdiction, it will enter a general appearance upon Reinsurers' Reinsurer’s behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, Reinsurers hereon Reinsurer hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his the successor or successors in officeoffice (the “Officer”), as their 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 Reassured Company or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-above named as the person to whom the said officer Officer is authorized authorised to mail such process or a true copy thereof. In the event of any proceedings under this Article, this Agreement shall be governed and construed in accordance with the laws of the State of South Carolina, except as otherwise provided in Article 26 below.
Appears in 1 contract
Samples: Workers Compensation Reinsurance Agreement (Suncoast Holdings, Inc)
SERVICE OF SUIT. a. It is agreed that in the event of the failure of obligations under this Agreement are not performed by the Reinsurer to pay any amount awarded by the arbitration tribunal referred to in the Arbitration Clause herein, the Reinsurers hereon, at the request of the ReassuredCeding Company, will the Reinsurer must submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement must be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will The Reinsurer must abide by the final decision of such court or of any appellate court in the event of an appeal. , for any suit instituted against the Reinsurer under this Agreement.
b. The above-named are agent for service of process is authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured to Ceding Company, give a written undertaking to the Reassured Ceding Company that they the agent will enter a general appearance upon Reinsurers' on behalf of the Reinsurer in the event such a suit shall be is instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon hereby designate .
c. The Reinsurer designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of Washington, as their its true and lawful attorney upon whom agent for service of process (in addition to the above named agent), who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured Ceding Company or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-above named as the person to whom the said officer Ceding Company is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Reinsurance Agreement (Farmers Variable Life Separate Account A)
SERVICE OF SUIT. It is agreed that in the event of the failure of the Reinsurer hereon to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due hereunder, the Reinsurers Reinsurer hereon, at the request of the ReassuredReinsured, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer's rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. It is further agreed that service of process in such suit may be made upon Mendes Bakex & MountXcKexxxx, 750 Seventh Avenue005 Xxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx, and 00000, xxd that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contractinstituted against any one of them upon this Agreement, Reinsurers the Reinsurer will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above-above named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured Reinsured to give a written undertaking to the Reassured Reinsured that they will enter a general appearance upon Reinsurers' the Reinsurer's behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, Reinsurers the Reinsurer hereon hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, office as their his 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 Reassured Reinsured or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Casualty Excess of Loss Reinsurance Agreement (Delphi Financial Group Inc/De)
SERVICE OF SUIT. 16.01 It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded obligations under this Agreement are not performed by the arbitration tribunal referred to in the Arbitration Clause herein, the Reinsurers hereonReinsurer, at the request of the ReassuredCeding Company, will the Reinsurer shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this Agreement shall be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service Service of process process, in any such suit suit, may be made upon Mendes & Mountany then duty elected officer of the Reinsurer (agent for service of process) at 000 Xxxxx Xxxxx Xxxxxx, 750 Seventh AvenueSuite 800, New YorkCharlotte, New York 10019, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will North Carolina 28202. The Reinsurer shall abide by the final decision of such court or of any appellate court in the event of an appeal. , for any suit instituted against the Reinsurer under this Agreement.
16.02 The above-named are agent for service of process is authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured to Ceding Company, give a written undertaking to the Reassured Ceding Company that they the agent will enter a general appearance upon Reinsurers' on behalf of the Reinsurer in the event such a suit shall be is instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon .
16.03 The Reinsurer hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of New York, as their its true and lawful attorney upon whom agent for service of process (in addition to the above named agent), who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured Ceding Company or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-above named as the person to whom the said officer Ceding Company is authorized to mail such process or a true copy thereof.. Treaty No. 3188-10 Effective 08/01/2002
Appears in 1 contract
Samples: Reinsurance Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account One)
SERVICE OF SUIT. It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded by claimed to be due hereunder or to perform any other obligation under the arbitration tribunal referred to in the Arbitration Clause hereinAgreement, the Reinsurers hereonReinsurer, at the request of the ReassuredCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Mendes & MountXxxxxxx Xxxx and Xxxxxxxxx, 750 Seventh AvenueOne Citicorp Center, New York000 Xxxx 00xx Xxxxxx, New York 1001900xx Xxxxx, Xxx Xxxx, Xxx Xxxx, 00000, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contractinstituted, Reinsurers the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured Company that they will enter a general appearance upon Reinsurers' the Reinsurer’s behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, Reinsurers hereon the Reinsurer hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their 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 Reassured Company or any beneficiary hereunder arising out of this Contract Agreement of reinsurance, and hereby designate designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. It is agreed that (This Article applies only to those Reinsurers who are domiciled outside the United States of America and also to Reinsurers unauthorized in the State of New York.) In the event of the failure of the Reinsurer Reinsurers to whom this Article applies, or any one of them, to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due hereunder, the Reinsurers hereonsuch Reinsurers, at the request of the ReassuredCompany, will submit to the jurisdiction of a any court of competent jurisdiction within the United States, and will comply with all requirements necessary to give such court jurisdiction, and all matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service Service of process in such suit may be made upon Messrs. Mendes & and Mount, 750 Seventh Avenue, New York, New York 10019-6829, and that in any suit ixxxxxxxxx suix xxxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx ContractXxreement, the Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal. The above-above named are authorized and directed to accept service of process on behalf of the Reinsurers in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured Company that they will enter a general appearance upon Reinsurers' on behalf of Reinsurers or any one of them in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory territory, or district of the United States which makes provision thereforeprovisions therefor, the Reinsurers hereon to whom this Article applies hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit suit, or proceeding instituted by or on behalf of the Reassured Company or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate the above-above named Mendes and Mount as the person firm to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
SERVICE OF SUIT. A. It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded obligations under this AGREEMENT are not performed by the arbitration tribunal referred to in the Arbitration Clause herein, the Reinsurers hereonREINSURER, at the request of the ReassuredCEDING COMPANY, will the REINSURER shall submit to the jurisdiction of a any court of competent jurisdiction within the United StatesStates and shall comply with all the requirements necessary to give that court jurisdiction. All matters arising under this AGREEMENT shall be determined in accordance with the law and practice of such court. Nothing in this Article clause constitutes or should be understood to constitute a waiver of Reinsurers' the REINSURER’S rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service Service of process process, in any such suit suit, may be made upon Mendes & Mountany then duly elected officer of the REINSURER (agent for service of process) at 000 Xxxxx Xxxxx Xxxxxx, 750 Seventh AvenueSuite 800, New YorkCharlotte, New York 10019, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will North Carolina 28202. The REINSURER shall abide by the final decision of such court or of any appellate court in the event of an appeal. , for any suit instituted against the REINSURER under this AGREEMENT.
B. The above-named are agent for service of process is authorized and directed to accept service of process on behalf of Reinsurers the REINSURER in any such suit and/or upon the request of the Reassured to CEDING COMPANY, give a written undertaking to the Reassured CEDING COMPANY that they the agent will enter a general appearance upon Reinsurers' on behalf of the REINSURER in the event such a suit shall be is instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon .
C. The REINSURER hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, for the State of New York as their its true and lawful attorney upon whom agent for service of process (in addition to the above named agent), who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured CEDING COMPANY or any beneficiary hereunder arising out of this Contract of reinsuranceAGREEMENT, and hereby designate designates the above-above named as the person to whom the said officer CEDING COMPANY is authorized to mail such process or a true copy thereof.
D. This Article shall not be interpreted to conflict with or override the obligations of the parties to arbitrate, as specified in Article XIII. This Article is intended as an aid in compelling arbitration or enforcing an arbitration award, not as an alternative to resolving disputes in accordance with Article XIII.
Appears in 1 contract
Samples: Automatic Reinsurance Agreement (Separate Account Fp of Axa Equitable Life Insurance Co)
SERVICE OF SUIT. It is agreed that in the event of the failure of the Reinsurer Reinsurers hereon to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due hereunder, the Reinsurers hereon, at the request of the ReassuredCompany, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' ’ rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United StatesA9CFHB012_4129082 Xxxxxx Xxxxxx. It is further agreed that service of process in such suit may be made upon Messrs Mendes & and Mount, 750 Seventh Avenue000 Xxxxxxx Xxxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx 00000-0000, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contractinstituted against any one of them upon this Agreement, Reinsurers will abide by the final decision of such court Court or of any appellate court Appellate Court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Reinsurers in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured Company that they will enter a general appearance upon Reinsurers' ’ behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Reassured Company or any beneficiary hereunder arising out of this Contract Agreement of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract
Samples: Reinsurance Agreement (United Insurance Holdings Corp.)
SERVICE OF SUIT. 1. It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded by the arbitration tribunal referred claimed to in the Arbitration Clause hereinbe due hereunder, the Reinsurers hereonReinsurer, at the request of the ReassuredCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United StatesStates of America to compel Arbitration. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, States or to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United Statescourt. It is further agreed that service of process in such suit may be made upon Mendes & MountLovells, 750 Seventh AvenueAttention Xxxxx Xxxxxxx 000 Xxxxx Xxxxxx 00xx Xxxxx, New YorkXxx Xxxx, New York 10019Xxx Xxxx, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will abide by the final decision of such court or of any appellate court in the event of an appeal00000.
2. The above-above named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured Company that they will enter a general appearance upon Reinsurers' on behalf of the Reinsurer in the event such a suit shall be instituted.
3. Further, pursuant to any statute of any state, territory or district of the United States of America having jurisdiction over the Company which makes provision thereforeprovisions therefor, Reinsurers hereon the Reinsurer hereby designate designates the Superintendent, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or his other officer specified for that purpose in the statute, or his/her successor or successors in office, as their its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding to compel Arbitration instituted by or on behalf of the Reassured Company or any beneficiary hereunder arising out of this Contract of reinsuranceAgreement, and hereby designate designates the above-above named as the firm or person to whom the said officer is authorized to mail such process or a true copy thereof. This Addendum is effective as of the Effective Date of the Agreement. Except as provided herein, all other terms and conditions of the Agreement remain unchanged.
Appears in 1 contract
Samples: Assignment and Termination Agreement (Assured Guaranty LTD)
SERVICE OF SUIT. It is agreed that in the event of the failure of the Reinsurer to pay any amount awarded by claimed to be due hereunder or to perform any other obligation under the arbitration tribunal referred to in the Arbitration Clause hereinAgreement, the Reinsurers hereonReinsurer, at the request of the ReassuredCompany, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of Reinsurers' the Reinsurer’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Mendes & MountWxxxxxx Xxxx and Gxxxxxxxx, 750 Seventh AvenueOne Citicorp Center, New York100 Xxxx 00xx Xxxxxx, New York 1001900xx Xxxxx, Xxx Xxxx, Xxx Xxxx, 00000, and that in any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contractinstituted, Reinsurers the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Reinsurers the Reinsurer in any such suit and/or upon the request of the Reassured Company to give a written undertaking to the Reassured Company that they will enter a general appearance upon Reinsurers' the Reinsurer’s behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision thereforetherefor, Reinsurers hereon the Reinsurer hereby designate designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their 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 Reassured Company or any beneficiary hereunder arising out of this Contract Agreement of reinsurance, and hereby designate designates the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
Appears in 1 contract