SERVICE OF SUIT. Each party hereby irrevocably submits to the nonexclusive jurisdiction of any Federal or State of New York court sitting in the State of New York over any suit, action or proceeding relating to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting in the State of New York, by a suit upon such judgment, provided that service of process is effected upon it as specified in this Section or as otherwise permitted by law. Nothing herein shall be deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal court. Further, each party hereby designates the Superintendent of Insurance of the State of New York, or his successor or successors in office, as the 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 other party under this Agreement and arising out of this Agreement, and hereby designates the person named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 5 contracts
Samples: Quota Share Retrocession Agreement (Assured Guaranty LTD), Quota Share Retrocession Agreement (Assured Guaranty LTD), Quota Share Retrocession Agreement (Assured Guaranty LTD)
SERVICE OF SUIT. Each party hereby irrevocably submits (NMA 1998) This Article applies only to those Reinsurers signatory hereto who are domiciled outside the nonexclusive jurisdiction United States of any Federal or State of New York court sitting in America or, should the State of New York over any suit, action or proceeding relating Reassured be authorized to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting do business in the State of New York, those Reinsurers who are unauthorized in New York as respects suits instituted in New York. 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 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 a suit upon such judgment, provided the laws of the United States or of any State in the United States. It is further agreed that service of process is effected in such suit may be made upon it as specified Mendes and Mount, 750 Xxxxxxx Xxxxxx, Xxx Xxxx X.X. 00019-6829, and that in any suit instituted against any one of them upon this Section Contract, Reinsurers will abide by the final decision of such Court or as otherwise permitted by lawof any Appellate Court in the event of any appeal. Nothing herein 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 Reinxxxxxx' xxhalf in the event such a suit shall be deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal court. instituted Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Reinsurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New Yorkstatute, or his successor or successors in office, as the 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 other party under this Agreement and Reassured or any beneficiary hereunder arising out of this AgreementContract of Reinsurance, and hereby designates designate the person above-named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 2 contracts
Samples: Primary Excess of Loss Reinsurance Contract (Tenere Group Inc), Reinsurance Contract (Tenere Group Inc)
SERVICE OF SUIT. Each party hereby irrevocably submits It is agreed that in the event of the failure of the Insurers hereon to pay any amount claimed to be due hereunder, the Insurers hereon, at the request of the Insured, will submit to the nonexclusive jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of the Insurers' rights to commence an action in any Federal or State Court of New York court sitting competent jurisdiction in the State United States, to remove an action to a United States District Court, or to seek a transfer of New York over any suit, action or proceeding relating a case to another Court as permitted by the enforcement laws of the parties’ agreement to arbitrate United States or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting in the State of New York, by a suit upon such judgment, provided United States. It is further agreed that service of process is effected in such suit may be made upon it as specified Messrs Xxxxxxxxxxx & Xxxx, Xxxxxx, Xxxxxx, LLP Tower 49 Twelve East 00XX Xxxxxx, New York, NY 10017 and that in any suit instituted against any one of them upon this Section contract, the Insurers will abide by the final decision of such Court or as otherwise permitted by lawof any Appellate Court in the event of an appeal. Nothing herein The above-named are authorized and directed to accept service of process on behalf of the Insurers in any such suit and/or upon the request of the Insured to give a written undertaking to the Insured that they will enter a general appearance upon the Insurers' behalf in the event that such a suit shall be deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtinstituted. Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Insurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New Yorkstatute, or his successor or successors in office, as the 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 other party under this Agreement and Insured or any beneficiary hereunder arising out of this Agreementcontract of insurance, and hereby designates designate the person above named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 2 contracts
Samples: Insurance Agreement, Excess Liability Policy
SERVICE OF SUIT. Each party hereby irrevocably submits This Article applies only to those Reinsurers signatory hereto who are domiciled outside the nonexclusive jurisdiction United States of any Federal or State of New York court sitting in America or, should the State of New York over any suit, action or proceeding relating Reassured be authorized to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting do business in the State of New York, those Reinsurers who are unauthorized in New York as respects suits instituted in New York. 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 suit upon such judgmentcourt 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, provided 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 is effected in such suit may be made upon it as specified Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, and that in this Section any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will abide by the final decision of such court or as otherwise permitted by lawof any appellate court in the event of an appeal. Nothing herein 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 deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtinstituted. Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New Yorkstatute, or his successor or successors in office, as the 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 other party under this Agreement and Reassured or any beneficiary hereunder arising out of this AgreementContract of reinsurance, and hereby designates designate the person above-named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 2 contracts
Samples: Excess of Loss Reinsurance Contract (Darwin Professional Underwriters Inc), Excess Cession Reinsurance Contract (Darwin Professional Underwriters Inc)
SERVICE OF SUIT. Each party hereby irrevocably submits (USA - NMA 1998) This Article applies only to those Reinsurers signatory hereto who are domiciled outside the nonexclusive jurisdiction United States of any Federal or State of New York court sitting in America or, should the State of New York over any suit, action or proceeding relating Reassured be authorized to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting do business in the State of New York, those Reinsurers who are unauthorized in New York as respects suits instituted in New York. 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 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 a suit upon such judgment, provided the laws of the United States or of any State in the United States. It is further agreed that service of process is effected in such suit may be made upon it as specified Mendes & Mount, 750 Xxxxxxx Xxxxxx, Xxx Xxxx XX, 00000 - 0829, and that in any suit instituted against any one of them upon this Section Contract, Reinsurers will abide by the final decision of such Court or as otherwise permitted by lawof any Appellate Court in the event of an appeal. Nothing herein 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 deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtinstituted. Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Reinsurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New YorkStatute, or his successor or successors in office, as the 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 other party under this Agreement and Reassured or any beneficiary hereunder arising out of this AgreementContract, and hereby designates designate the person above-named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized authorised to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 2 contracts
Samples: Reinsurance Contract (Tenere Group Inc), Reinsurance Contract (Tenere Group Inc)
SERVICE OF SUIT. Each party hereby irrevocably submits This Article applies only to those Reinsurers signatory hereto who are domiciled outside the nonexclusive jurisdiction United States of any Federal or State of New York court sitting in America or, should the State of New York over any suit, action or proceeding relating Reassured be authorized to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting do business in the State of New York, those Reinsurers who are unauthorized in New York as respects suits instituted in New York. 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 Reassured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this 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 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 a suit upon such judgment, provided the laws of the United States or of any State in the United States. It is further agreed that service of process is effected in such suit may be made upon it as specified Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, and that in this Section any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx contract, Reinsurers will abide by the final decision of such Court or as otherwise permitted by lawof any Appellate Court in the event of an appeal. Nothing herein 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 deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtinstituted. Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Reinsurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New Yorkstatute, or his successor or successors in office, as the 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 other party under this Agreement and Reassured or any beneficiary hereunder arising out of this Agreementcontract of reinsurance, and hereby designates designate the person above-named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.NMA 1998
Appears in 2 contracts
Samples: Excess of Loss Reinsurance Agreement (Darwin Professional Underwriters Inc), Excess of Loss Reinsurance Contract (Darwin Professional Underwriters Inc)
SERVICE OF SUIT. Each party hereby irrevocably submits to the nonexclusive jurisdiction of any Federal or State of New York court sitting in the State of New York over any suit, action or proceeding relating to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting in the State of New York, by a suit upon such judgment, provided that service of process is effected upon it as specified in this Section or as otherwise permitted by law. Nothing herein shall be deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal court. Further, each party hereby designates the Superintendent of Insurance of the State of New York, or his successor or successors in office, as the 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 other party under this Agreement and arising out of this Agreement, and hereby designates the person named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all ail claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 1 contract
Samples: Quota Share Retrocession Agreement (Assured Guaranty LTD)
SERVICE OF SUIT. Each party hereby irrevocably submits This Article applies only to those Reinsurers signatory hereto who are domiciled outside the nonexclusive jurisdiction United States of any Federal or State of New York court sitting in America or, should the State of New York over any suit, action or proceeding relating Reassured be authorized to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting do business in the State of New York, those Reinsurers who are unauthorized in New York as respects suits instituted in New York. 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 suit upon such judgmentcourt 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, provided to remove an action to a United States District Court, or to seek a transfer of a case to anotxxx xxxxx xx xxxxxxxxx xx xhe laws of the United States or of any state in the United States. It is further agreed that service of process is effected in such suit may be made upon it as specified Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, and that in this Section any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx Contract, Reinsurers will abide by the final decision of such court or as otherwise permitted by lawof any appellate court in the event of an appeal. Nothing herein 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 deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtinstituted. Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New Yorkstatute, or his successor or successors in office, as the 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 other party under this Agreement and Reassured or any beneficiary hereunder arising out of this AgreementContract of reinsurance, and hereby designates designate the person above-named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 1 contract
Samples: Excess of Loss Reinsurance Contract (Darwin Professional Underwriters Inc)
SERVICE OF SUIT. Each party hereby irrevocably submits to the nonexclusive jurisdiction of any Federal or State of New York court sitting in the State of New York over any suit, action or proceeding relating to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting in the State of New York, by a suit upon such judgment, provided that service of process is effected upon it as specified in this Section or as otherwise permitted by law. Nothing herein shall be deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal court. Further, each party hereby designates the Superintendent of Insurance of the State of New York, or his successor or successors in office, as the 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 other party under this Agreement and arising out of this Agreement, and hereby designates the person named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the partiesparlies’ agreement to arbitrate or to enforce an arbitral award.
Appears in 1 contract
Samples: Quota Share Retrocession Agreement (Assured Guaranty LTD)
SERVICE OF SUIT. Each party hereby irrevocably submits Subject to the nonexclusive Arbitration provision, in the event of failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Named Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of the Company's rights to commence an action in any Federal or State court of New York court sitting competent jurisdiction in the State United States, to remove an action to a United States District Court, or to seek a transfer of New York over any suit, action or proceeding relating a case to another court as permitted by the enforcement laws of the parties’ agreement to arbitrate United States or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting in the State of New York, by a suit upon such judgment, provided United States. It is further agreed that service of process is effected in such suit may be made upon it as specified General Counsel, Legal Department, Great American E&S Insurance Company, 000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxx 00000 , or his representative, and that in any suit instituted against the Company upon this Section contract, the Company will abide by the final decision of such court or as otherwise permitted by law. Nothing herein shall be deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtof any appellate court in the event of any appeal. Further, each party pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, the Company hereby designates the Superintendent Superintendent, Commissioner, or Director of Insurance of Insurance, other officer specified for that purpose in the State of New Yorkstatute, or his or her successor or successors in office, office as the its 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 other party under this Agreement and Named Insured or any beneficiary hereunder arising out of this Agreementcontract of insurance, and hereby designates the person above named in the “Notice” provision of this Agreement General Xxxxxxx as the person to whom the Superintendent or such successor said officer is authorized to mail such process or a true copy thereof. Each party hereby consents In Witness Whereof, the Company has caused this Policy to process being served in any suit, action or proceeding be signed by its President and Secretary and signed on the Declarations Page by a duly authorized representative of the nature referred Company. President Secretary This Endorsement is attached to above in any Federal or State and made part of New York court sitting in the State Policy effective [Month Day, Year]. It applies with respect to Occupational Disease, provided the Covered Employee’s last day of New York by service of process as set forth above; provided that, last exposure to the extent lawful environmental or physical hazards causing such condition occurs during the Policy Period. It is subject to all of the provisions, limitations and possible, written notice exclusions of said service shall be mailed the Policy except as they are specifically modified by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral awardEndorsement.
Appears in 1 contract
SERVICE OF SUIT. Each party hereby irrevocably submits This Article applies only to those Reinsurers signatory hereto who are domiciled outside the nonexclusive jurisdiction United States of any Federal or State of New York court sitting in America or, should the State of New York over any suit, action or proceeding relating Reassured be authorized to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting do business in the State of New York, those Reinsurers who are unauthorized in New York as respects suits instituted in New York. 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 Reassured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this 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 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 a suit upon such judgment, provided the laws of the United States or of any State in the United States. It is further agreed that service of process is effected in such suit may be made upon it as specified Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, and that in this Section any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx contract, Reinsurers will abide by the final decision of such Court or as otherwise permitted by lawof any Appellate Court in the event of an appeal. Nothing herein 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 deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtinstituted. Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefore, Reinsurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New Yorkstatute, or his successor or successors in office, as the 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 other party under this Agreement and Reassured or any beneficiary hereunder arising out of this Agreementcontract of reinsurance, and hereby designates designate the person above-named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 1 contract
Samples: Second Excess Cession Reinsurance Contract (Darwin Professional Underwriters Inc)
SERVICE OF SUIT. Each party hereby irrevocably submits This Article applies only to those Reinsurers signatory hereto who are domiciled outside the nonexclusive jurisdiction United States of any Federal or State of New York court sitting in America or, should the State of New York over any suit, action or proceeding relating Reassured be authorized to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting do business in the State of New York, those Reinsurers who are unauthorized in New York as respects suits instituted in New York. 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 Reassured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this 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 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 a suit upon such judgment, provided the laws of the United States or of any State in the United States. It is further agreed that service of process is effected in such suit may be made upon it as specified Mendes & Mount, 750 Seventh Avenue, New York, New York 10019, and that in this Section any suit ixxxxxxxxx xxxxxxx xxx xxx xx xxxx xxxx xxxx contract, Reinsurers will abide by the final decision of such Court or as otherwise permitted by lawof any Appellate Court in the event of an appeal. Nothing herein 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 deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtinstituted. Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Reinsurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New Yorkstatute, or his successor or successors in office, as the 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 other party under this Agreement and Reassured or any beneficiary hereunder arising out of this Agreementcontract of reinsurance, and hereby designates designate the person above-named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 1 contract
Samples: Excess Cession Reinsurance Contract (Darwin Professional Underwriters Inc)
SERVICE OF SUIT. Each party hereby irrevocably submits (NMA 1998) This Article applies only to those Reinsurers signatory hereto who are domiciled outside the nonexclusive jurisdiction United States of any Federal or State of New York court sitting in America or, should the State of New York over any suit, action or proceeding relating Reassured be authorised to the enforcement of the parties’ agreement to arbitrate or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting do business in the State of New York, those Reinsurers who are unauthorised in New York as respects suits instituted in New York. 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 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 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 Court, or to seek a transfer of a case to another Court as permitted by a suit upon such judgment, provided the laws of the United States or of any State in the United States. It is further agreed that service of process is effected in such suit may be made upon it as specified Mendes and Mount, 750 Xxxxxxx Xxxxxx, Xxx Xxxx, X.X. 00000-0000, xxd that in any suit instituted against any one of them upon this Section Contract, the Reinsurers will abide by the final decision of such Court or as otherwise permitted by lawof any Appellate Court in the event of any appeal. Nothing herein The above-named are authorised and directed to accept service of process on behalf of the 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 the Reinsurers' behalf in the event such a suit shall be deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtinstituted. Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefore, the Reinsurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New Yorkstatute, or his successor or successors in office, as the 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 other party under this Agreement and Reassured or any beneficiary hereunder arising out of this AgreementContract of Reinsurance, and hereby designates designate the person above-named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized authorised to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 1 contract
Samples: Medical Practitioners' Liability Primary Excess of Loss Reinsurance Contract (Tenere Group Inc)
SERVICE OF SUIT. Each party hereby irrevocably submits It is agreed that in the event of the failure of the Insurers hereon to pay any amount claimed to be due hereunder, the Insurers hereon, at the request of the Insured, will submit to the nonexclusive jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of the Insurers' rights to commence an action in any Federal or State Court of New York court sitting competent jurisdiction in the State United States, to remove an action to a United States District Court, or to seek a transfer of New York over any suit, action or proceeding relating a case to another Court as permitted by the enforcement laws of the parties’ agreement to arbitrate United States or the enforcement of an arbitral award. Each party irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any suit, action or proceeding brought in such court has been brought in an inconvenient forum. Each party agrees that a final judgment, not subject to any further appeal, in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and will be given effect in its state or country of domicile, as applicable, to the fullest extent permitted by applicable law and may be enforced in any Federal or State of New York court sitting in the State of New York, by a suit upon such judgment, provided United States. It is further agreed that service of process is effected in such suit may be made upon it as specified Messrs Xxxxxxxxxxx & Xxxx, Xxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, LLP Tower 49 Twelve East 00XX Xxxxxx, New York, NY 10017 and that in any suit instituted against any one of them upon this Section contract, the Insurers will abide by the final decision of such Court or as otherwise permitted by lawof any Appellate Court in the event of an appeal. Nothing herein The above-named are authorized and directed to accept service of process on behalf of the Insurers in any such suit and/or upon the request of the Insured to give a written undertaking to the Insured that they will enter a general appearance upon the Insurers' behalf in the event that such a suit shall be deemed to limit or waive a party’s right to remove a suit, action or proceeding to Federal courtinstituted. Further, each party pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Insurers hereon hereby designates designate the Superintendent Superintendent, Commissioner or Director of Insurance of or other officer specified for that purpose in the State of New Yorkstatute, or his successor or successors in office, as the 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 other party under this Agreement and Insured or any beneficiary hereunder arising out of this Agreementcontract of insurance, and hereby designates designate the person above named in the “Notice” provision of this Agreement as the person to whom the Superintendent or such successor said officer is authorized to mail such process or a true copy thereof. Each party hereby consents to process being served in any suit, action or proceeding of the nature referred to above in any Federal or State of New York court sitting in the State of New York by service of process as set forth above; provided that, to the extent lawful and possible, written notice of said service shall be mailed by registered or certified air mail, postage prepaid, return receipt requested, to the other party at its address specified herein or to any other address of which such party shall have given notice. Each party irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service and agrees that such service shall be deemed in every respect effective service of process upon such party in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such party. Service of process may be affected in any other manner permitted by law. Nothing in this Section shall limit the right of a party to bring proceedings against the other party in any court having jurisdiction over such other party and such proceeding for the purpose of enforcing the parties’ agreement to arbitrate or to enforce an arbitral award.
Appears in 1 contract
Samples: Insurance Agreement