Common use of SERVICE OF SUIT Clause in Contracts

SERVICE OF SUIT. (This Article applies to Reinsurers 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 any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, 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 Reinsurer's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once the appropriate court is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In any suit instituted against it upon this Agreement, the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. Service of process in such suit may be made upon Mendes & Mount, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute, or the successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to Reinsurers domiciled outside only in the United States of America and/or event the Accepting Company becomes unauthorized in any the Ceding Company’s domiciliary state, territory, or district ) This Service of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Suit Article is will not intended be read to conflict with or override the parties' obligation obligations of the parties to arbitrate resolve their disputes as provided for in accordance with the Arbitration Dispute Resolution Article.) . In the event of the failure of any Reinsurer hereon the Accepting Company to pay any amount claimed to be due hereunder, such Reinsurerthe Accepting Company, at the request of the Ceding Company, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Accepting Company’s right to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state in the United States. The ReinsurerAccepting Company, once the appropriate Court is selected, whether such court is accepted the one originally chosen by the Reinsurer Ceding Company and agreed upon by the Accepting Company or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In Court jurisdiction and, in any suit instituted against it upon this Agreement, 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. Service of process in such suit may be made upon Mendes & Mount, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefortherefore, the Reinsurer Accepting Company hereby designates the Superintendent, Commissioner, or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the successor or successors their successor(s) in office, as its 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 Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.Ceding

SERVICE OF SUIT. (This Article applies to Reinsurers 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.) ) A. In the event of the failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, 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 Reinsurer's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once the appropriate court is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In any suit instituted against it upon this AgreementContract, the Reinsurer will 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, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. . B. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissionerparty named in its Interests and Liabilities Agreement, or Director if no party is named therein, the Commissioner of Insurance or other officer specified for that purpose in the statuteBanking and Insurance, or the his or her successor or successors in office, for the State of New Jersey, as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.Contract. GT 22/12/2014 Final1.00 Risk Details A&H /6.00 UMR B110815AQUA0004 1108 ABR

SERVICE OF SUIT. (This Article applies to Reinsurers 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 any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, 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 Reinsurer's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once the appropriate court is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In any suit instituted against it upon this Agreement, the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. Service of process in such suit may be made upon Mendes & Mount, LLP, 700 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 000 Xxxxx Xxxxxxxx, 00xx 38th Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the [Missing Graphic Reference] 12\AQUA1007 14 Missing Graphic Reference] statute, or the successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to those Reinsurers domiciled outside the United States of America and/or as well as those Reinsurers unauthorized in any state, territory, or district the Company's state of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituteddomicile. 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 any Reinsurer hereon to pay any amount claimed to be due hereunder, such the Reinsurer, at the request of the Company, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Reinsurers' right to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state in the United States. The ReinsurerService of process in such suit may be made upon Mendes and Mount, once 750 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, xx another party specifically designated in the appropriate court is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdictionapplicable Interests and 13 Liabilities Agreement attached hereto. In any suit instituted against it upon this Agreement, 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. Service of process in such suit may be made upon Mendes & Mount, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated The above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's Reinsurers' behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefortherefore, the Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute, statute (or the his successor or successors in office, ( as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies Except with respect to Reinsurers domiciled outside the United States of America and/or unauthorized any policy issued in any state, territory, or district of the United States of America that has jurisdiction over state in which the Company and is licensed as an admitted insurer to transact business, it is agreed that 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 any Reinsurer hereon the Company to pay any amount claimed to be due hereunder, such Reinsurerthe Company, at the request of the CompanyNamed Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United StatesStates 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 clause constitutes or should be understood to constitute a waiver of the Reinsurer's right Company’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The ReinsurerIt is further agreed that service of process in such suit may be made upon Secretary, once the appropriate court is accepted by the Reinsurer or is determined by removalLegal Department, transferXxxxxx Midwest, or otherwiseTen Parkway North, as provided for aboveDeerfield, will comply with all requirements necessary to give said court jurisdiction. In Illinois 60015 and that in any suit instituted against it the Company upon this Agreementpolicy, the Reinsurer Company will 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, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, territory or district of the United States that which makes provision therefor, the Reinsurer Company hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer official specified for that purpose in the statute, or the his/her successor or successors in office, as 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 Company Named Insured or any beneficiary hereunder arising out of this Agreementpolicy, and hereby designates the above above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to Reinsurers 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 any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, 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 Reinsurer's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once the appropriate court is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In any suit instituted against it upon this Agreement, the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. Service of process in such suit may be made upon Mendes & Mount, LLP, 700 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 000 Xxxxx Xxxxxxxx, 00xx 38th Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. [Missing Graphic Reference] 10\AQUA0005 Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute, or the successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article clause applies only to Reinsurers those Reinsurer not domiciled outside in the United States of America America, and/or unauthorized not authorized in any state, territory, or territory and/or district of the United States of America where authorization is required by insurance regulatory authorities.) A. It is agreed 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 any the Reinsurer hereon to pay any amount claimed to be due hereunderunder this Agreement, such the Reinsurer, at the request of the Company, 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 the Reinsurer's right ’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The ReinsurerService of process in such suit may be made upon Messrs. Mendes and Mount, once the appropriate court is accepted by the Reinsurer or is determined by removal000 Xxxxxxx Xxxxxx, transferXxx Xxxx, or otherwiseXxx Xxxx 00000 (hereinafter, as provided “agent for above, will comply with all requirements necessary to give said court jurisdiction. In service of process”) and in any suit instituted against it any reinsurer upon this Agreement, the Reinsurer will 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, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated . B. The above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will the agent for service of process shall enter a general appearance upon the Reinsurer's on behalf of Reinsurer behalf in the event such a suit is shall be instituted. . C. Further, pursuant to any statute of any state, territory, territory or district of the United States that of America which makes provision therefor, the Reinsurer hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the his successor or successors in office, as its 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 Company or any beneficiary hereunder arising out of this Agreement, Agreement and hereby designates designate 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. The foregoing is not intended to conflict with or override the obligation of the parties hereto to arbitrate their disputes as provided in the Arbitration Clause.

SERVICE OF SUIT. (A. This Article applies only to those Subscribing Reinsurers not domiciled outside in the United States of America America, and/or unauthorized not authorized in any state, territory, or territory and/or district of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. where authorization is required by insurance regulatory authorities. B. This Article is shall not intended be read to conflict with or override the parties' obligation obligations of the parties to arbitrate their disputes as provided for in accordance with the Arbitration Article.) . This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. Effective: July 1, 2008 DOC: August 21, 2008 C. In the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such the Reinsurer, at the request of the Company, 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 the Reinsurer's right ’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will shall comply with all requirements necessary to give said court jurisdiction. In jurisdiction and, in any suit instituted against it the Reinsurer upon this AgreementContract, the Reinsurer will shall abide by the final decision of such court or of any appellate court in the event of an appeal. . D. Service of process in such suit may be made upon Mendes & Messrs. Xxxxxx and Mount, LLP, 700 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-00006829, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located specifically designated in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article applyInterests and Liabilities Agreement attached hereto. The agent for service of process is above-named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. suit. E. Further, pursuant to any statute of any state, territory, territory or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the his successor or successors in office, as 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 Company or any beneficiary hereunder arising out of this AgreementContract, and hereby designates the above above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to Reinsurers domiciled outside the United States of America and/or unauthorized It is agreed that 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 any Reinsurer the Underwriters hereon to pay any amount claimed claims to be due hereunder, such Reinsurerthe Underwriters hereon, at the request of the CompanyAssured (or Reinsured), will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article Clause constitutes or should be understood to constitute a waiver of the Reinsurer's right Underwriters' rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. The Reinsurer, once the appropriate court It is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In any suit instituted against it upon this Agreement, the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. Service further agreed that service of process in such suit may be made upon Mendes & Mountthe firm shown under item 7 of the Schedule and that in any suit instituted against any one of them upon this contract, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when Underwriters will abide by the final decision of such suit is instituted Court or of any Appellate Court in the state event of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article applyan appeal. The agent for service of process is authorized above-named are authorised and directed to accept service of process on behalf of the Reinsurer Underwriters in any such suit and/or upon the request of the Company Assured (or Reinsured) to give a written undertaking to the Company Assured (or Reinsured) and that they will enter a general appearance upon the Reinsurer's Underwriters' behalf in the event such a suit is shall be instituted. Further, pursuant to any statute statue of any state, territory, territory or district of the United States that which makes provision therefor, the Reinsurer Underwriters hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statutestatue, or the his successor or successors in office, as its 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 Company Assured (or Reinsured) or any beneficiary hereunder arising out of this Agreementcontract of insurance (or reinsurance), and hereby designates designate the above above-named as the person to whom the said officer is authorized authorised to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to Reinsurers 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 any Reinsurer hereon Insurer fails to pay any amount claimed to be due hereunderunder the Policy, such Reinsurer, the Insurer shall at the request of the Company, will Insured submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article provision constitutes or should be understood to constitute a waiver of the Reinsurer's right 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, Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The ReinsurerService of process in such Suit may be made upon General Counsel, once the appropriate court is accepted by the Reinsurer or is determined by removalAmTrust Financial Services, transferInc., 00 Xxxxxx Xxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdictionhis or her representative. In any suit Suit instituted against it upon the Insurer under this AgreementPolicy, the Reinsurer will Insurer shall abide by the final decision of such court or of any appellate court in the event of an any appeal. Service of process in such suit may be made upon Mendes & Mount, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. FurtherAdditionally, pursuant to any statute of any state, territory, or district of the United States that which makes provision therefortherefore, the Reinsurer Insurer hereby designates the Superintendent, Commissioner, or Director of Insurance or Insurance, other officer specified for that purpose in the statute, or the his or her successor or successors in office, office as its the Insurer’s true and lawful attorney upon whom may be served service of any lawful process in any action, suit, Suit or proceeding instituted by or on behalf of the Company Insured or any beneficiary hereunder arising out of this AgreementPolicy, may be made, and hereby the Insurer designates the General Counsel, at the above named address, as the person authorized representative to whom the said officer is authorized to mail such process or a true copy thereoftruecopy.

SERVICE OF SUIT. (This Article applies Clause is only applicable to Reinsurers unauthorized Reinsurer, or to the Reinsurer who are 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 ArticleAmerica.) In It is agreed that in the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due hereunder, such the Reinsurer, at the request of the Company, will submit to the jurisdiction of a court any Florida State Court 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 of competent jurisdiction within the United StatesState of Florida and practice of such Court. Nothing in this Article Clause constitutes or should be understood to constitute a waiver of the Reinsurer's right ’ rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. The ReinsurerIt is further agreed that service of process in such suit may be made upon Xxxxxx, once the appropriate court is accepted by the Reinsurer or is determined by removalKukaey, transferXxxxxxxx, P.A., or otherwisean agreed-upon attorney, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In and that in any suit instituted against it upon this Agreementinstituted, 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. Service of process in such suit may be made upon Mendes & Mount, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated The above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is named are authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's ’ behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any stateState, territory, Territory or district District of the United States that which makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or the Director of Insurance or other officer specified for that purpose in the statute, or the his successor or successors in office, as its his 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 Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above above-named as the person firm to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to Reinsurers domiciled outside only in the United States of America and/or event the Accepting Company becomes unauthorized in any the Ceding Company’s domiciliary state, territory, or district ) This Service of the United States of America that has jurisdiction over the Company and in which a subject suit has been instituted. This Suit Article is will not intended be read to conflict with or override the parties' obligation obligations of the parties to arbitrate resolve their disputes as provided for in accordance with the Arbitration Dispute Resolution Article.) . In the event of the failure of any Reinsurer hereon the Accepting Company to pay any amount claimed to be due hereunder, such Reinsurerthe Accepting Company, at the request of the Ceding Company, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer's Accepting Company’s right to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state in the United States. The ReinsurerAccepting Company, once the appropriate Court is selected, whether such court is accepted the one originally chosen by the Reinsurer Ceding Company and agreed upon by the Accepting Company or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In Court jurisdiction and, in any suit instituted against it upon this Agreement, 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. Service of process in such suit may be made upon Mendes & Mount, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefortherefore, the Reinsurer Accepting Company hereby designates the Superintendent, Commissioner, or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the successor or successors their successor(s) in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding proceedings instituted by or on behalf of the Ceding Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to Reinsurers 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 any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, 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 Reinsurer's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once the appropriate court is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In any suit instituted against it upon this Agreement, the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. Service of process in such suit may be made upon Mendes & Mount, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute, or the successor or successors in office, as its true and lawful attorney upon [Missing Graphic Reference] 10\AQUA1001 whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to Reinsurers 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.) ) A. The Reinsurer hereby designates the party named in its Interests and Liabilities Agreement, or if no party is named therein, the Commissioner of Banking and Insurance, or his or her successor or successors in office, for the State of New Jersey, as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Contract. B. In the event of the failure of any Reinsurer hereon to pay any amount claimed to be due hereunder, such Reinsurer, at the request of the Company, 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 Reinsurer's right to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once the appropriate court is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In any suit instituted against it upon this AgreementContract, the Reinsurer will 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, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. Further, pursuant to any statute of any state, territory, or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute, or the successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to Reinsurers domiciled outside the United States of America and/or unauthorized It is agreed that 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 Underwriters’ failure of any Reinsurer hereon to pay any amount claimed to be due hereunderunder this Insurance, such Reinsurerthe Underwriters will, at the request of the CompanyInsured’s request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article provision constitutes or should be understood to constitute a waiver of the Reinsurer's right Underwriters’ rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once It is further agreed that service of processing such suit may be made upon the appropriate court is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In Underwriters’ representative: and that in any suit instituted against it any one of them upon this Agreementcontract, the Reinsurer Underwriters will 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, LLP, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York The person or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated entity named above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process is authorized and directed to accept service of process on the Underwriters’ behalf of the Reinsurer in any such suit and/or upon the Insured’s request of the Company to give a written undertaking to the Company Insured that they will enter a general appearance upon the Reinsurer's Underwriters’ behalf in the event such a suit is shall be instituted. Further, pursuant Pursuant to any statute of any state, territory, or district of the United States that which makes provision therefortherefore, the Reinsurer Underwriters hereby designates designate the Superintendent, Commissioner, or Director of Insurance or other officer specified for that purpose in the statute, or the his successor or successors in office, as its their true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on the Insured’s behalf of the Company or any beneficiary hereunder arising out of this AgreementPolicy, and hereby designates designate the person or entity named above named as the person persons to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (This Article applies to Reinsurers domiciled outside the United States of America and/or unauthorized It is agreed that 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 any Reinsurer the Underwriters hereon to pay any amount claimed to be due hereunderunder this Insurance, such Reinsurerthe Underwriters hereon, at the request of the CompanyAssured, will submit to the jurisdiction of a court Court of competent jurisdiction within the United States. Nothing in this Article Clause constitutes or should be understood to constitute a waiver of the Reinsurer's right Underwriters’ rights to commence an action in any court Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court Court as permitted by the laws of the United States or of any state State in the United States. The Reinsurer, once the appropriate court It is accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction. In any suit instituted against it upon this Agreement, the Reinsurer will abide by the final decision of such court or of any appellate court in the event of an appeal. Service further agreed that service of process in such suit may be made upon Mendes & Mountthe persons named in Item 10 of the Declarations, LLPand that in any suit instituted against any one of them upon this contract, 700 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000, when the Underwriters will abide by the final decision of such suit is instituted Court or of any Appellate Court in the state event of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted an appeal. The persons named in the state of California; either Item 10 of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process Declarations is authorized and directed to accept service of process on behalf of the Reinsurer Underwriters in any such suit and/or upon the request of the Company Assured to give a written undertaking to the Company Assured that they will enter a general appearance upon the Reinsurer's Underwriters’ behalf in the event such a suit is shall be instituted. Further, pursuant to any statute of any state, territory, territory or district of the United States that which makes provision therefor, the Reinsurer Underwriters hereon hereby designates designate the Superintendent, Commissioner, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or the his successor or successors in office, as its 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 Company Assured or any beneficiary hereunder arising out of this AgreementPolicy, and hereby designates designate the above persons named in Item 10 of the Declarations, as the person to whom the said officer is authorized to mail such process or a true copy thereof.

SERVICE OF SUIT. (A. This Article applies to Reinsurers 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 shall not intended be read to conflict with or override the parties' obligation obligations of the Parties to arbitrate their disputes as provided for in accordance with the Arbitration ArticleArticle 16. This Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to Article 16 for resolving disputes arising out of this Agreement.) B. In the event of the failure of any the Reinsurer hereon to pay any amount claimed to be due perform its obligations hereunder, such the Reinsurer, at the request of the Company, 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 the Reinsurer's right ’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The Reinsurer, once the appropriate court is selected, whether such court is the one originally chosen by the Company and accepted by the Reinsurer or is determined by removal, transfer, or otherwise, as provided for above, will shall comply with all requirements necessary to give said court jurisdiction. In jurisdiction and, in any suit instituted against it the Reinsurer upon this Agreement, the Reinsurer will shall abide by the final decision of such court or of any appellate court in the event of an appeal. . C. Service of process in such suit may be made upon Mendes & MountGerber Ciano Xxxxx Xxxxx, LLP, 700 Xxxxxxx Xxxxxx000 Xxxx Xxxxxx Xxxxx, Xxxxx 00000, Xxx Xxxx, Xxx Xxxx XX 00000-0000, when such suit is instituted in the state of New York; Mendes & Mount, LLP, 400 Xxxxx Xxxxxxxx, 00xx Floor, Los Angeles, California 90071-1601, when such suit is instituted in the state of California; either of the foregoing if the suit is not instituted in New York or California; or another party that the Reinsurer may from time to time designate by informing the Company in writing (hereinafter "agent for service of process"). However, if another party is so designated, the Reinsurer in question recognizes that the laws of the states of New York and California require that service be made on a law firm located in the respective state if a suit is instituted in that state, so that if the alternative agent for service of process designated by the Reinsurer is not located in California as respects a suit instituted in California, or New York as respects a suit instituted in New York, the applicable office of Mendes & Mount stipulated above must be used for service of suit unless the provisions of the final paragraph of this Article apply. The agent for service of process which is authorized and directed to accept service of process on behalf of the Reinsurer in any such suit and/or upon the request of the Company to give a written undertaking to the Company that they will enter a general appearance upon the Reinsurer's behalf in the event such a suit is instituted. suit. D. Further, pursuant to any statute of any state, territory, territory or district of the United States that makes provision therefor, the Reinsurer hereby designates the Superintendent, Commissioner, Commissioner or Director of Insurance Insurance, or other officer specified for that purpose in the statute, or the his successor or successors in office, as 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 Company or any beneficiary hereunder arising out of this Agreement, and hereby designates the above above-named as the person Person to whom the said officer is authorized to mail such process or a true copy thereof.