Common use of VARIOUS OTHER TERMS Clause in Contracts

VARIOUS OTHER TERMS. A. This Contract shall be binding upon and inure to the benefit of the Company and Reinsurer and their respective successors and assigns provided, however, that this Contract may not be assigned by either party without the prior written consent of the other which consent may be withheld by either party in its sole unfettered discretion. This provision shall not be construed to preclude the assignment by the Company of reinsurance recoverables to another party for collection. B. The territorial limits of this Contract shall be identical with those of the Company’s Policies. C. This Contract shall constitute the entire agreement between the parties with respect to the Business Covered hereunder. There are no understandings between the parties other than as expressed in this Contract. Any change or modification of this Contract shall be null and void unless made by amendment to the Contract and signed by both parties. D. Except as may be provided in the Article entitled ARBITRATION, this Contract shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania, exclusive of that state’s rules with respect to conflicts of law. E. The headings preceding the text of the Articles and paragraphs of this Contract are intended and inserted solely for the convenience of reference and shall not affect the meaning, interpretation, construction or effect of this Contract. F. This Contract is solely between the Company and the Reinsurer, and in no instance shall any insured, claimant or other third party have any rights under this Contract. G. If any provision of this Contract should be invalid under applicable laws, the latter shall control but only to the extent of the conflict without affecting the remaining provisions of this Contract. H. The failure of the Company or Reinsurer to insist on strict compliance with this Contract or to exercise any right or remedy shall not constitute a waiver of any rights contained in this Contract nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising any remedy. I. Each party shall be excused for any reasonable failure or delay in performing any of its respective obligations under this Contract, if such failure or delay is caused by Force Majeure. “Force Majeure” shall mean any act of God, strike, lockout, act of public enemy, any accident, explosion, fire, storm, earthquake, flood, drought, peril of sea, riot, embargo, war or foreign, federal, state or municipal order or directive issued by a court or other authorized official, seizure, requisition or allocation, any failure or delay of transportation, shortage of or inability to obtain supplies, equipment, fuel or labor or any other circumstance or event beyond the reasonable control of the party relying upon such circumstance or event; provided, however, that no such Force Majeure circumstance or event shall excuse any failure or delay beyond a period exceeding thirty (30) days from the date such performance would have been due but for such circumstance or event.

VARIOUS OTHER TERMS. A. This Contract shall be binding upon and inure to the benefit of the Company Reinsured and Reinsurer and their respective successors and assigns provided, however, that this Contract may not be assigned by either party without the prior written consent of the other which consent may be withheld by either party in its sole unfettered discretion. This provision shall not be construed to preclude the assignment by the Company Reinsured of reinsurance recoverables to another party for collection. B. The territorial limits of this Contract shall be identical with those of the CompanyReinsured’s Policies. C. This Contract shall constitute the entire agreement between the parties with respect to the Business Covered hereunder. There are no understandings between the parties other than as expressed in this ContractContract or any amendment thereto. Any change or modification of this Contract shall be null and void unless made by amendment to the Contract and signed by both parties or otherwise clearly and unequivocally amended by exchange of letters or electronic mail. Nothing in this Article shall act to preclude the introduction of submission-related documents in any dispute between the parties.. Towers Pxxxxx No. G26004.07 FINAL D. Except as may be provided in the Article entitled ARBITRATION“Arbitration”, this Contract shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania, exclusive of that state’s rules with respect to conflicts of law. E. The headings preceding the text of the Articles and paragraphs of this Contract are intended and inserted solely for the convenience of reference and shall not affect the meaning, interpretation, construction or effect of this Contract. F. This Contract is solely between the Company Reinsured and the Reinsurer, and in no instance shall any insured, claimant or other third party have any rights under this Contract. G. If any provision provisions of this Contract should be invalid under applicable laws, the latter shall control but only to the extent of the conflict without affecting the remaining provisions of this Contract. H. The failure of the Company Reinsured or Reinsurer to insist on strict compliance with this Contract or to exercise any right or remedy shall not constitute a waiver of any rights contained in this Contract nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising any remedy. I. Each party shall be excused for any reasonable failure or delay in performing any of its respective obligations under this Contract, if such failure or delay is caused by Force Majeure. “Force Majeure” shall mean any act of God, strike, lockout, act of public enemy, any accident, explosion, fire, storm, earthquake, flood, drought, peril of sea, riot, embargo, war or foreign, federal, state or municipal order or directive issued by a court or other authorized official, seizure, requisition or allocation, any failure or delay of transportation, shortage of or inability to obtain supplies, equipment, fuel or labor or any other circumstance or event beyond the reasonable control of the party relying upon such circumstance or event; provided, however, that no such Force Majeure circumstance or event Event shall excuse any failure or delay beyond a period exceeding thirty ten (3010) days from the date such performance would have been due but for such circumstance or eventEvent.

VARIOUS OTHER TERMS. A. This Contract Agreement shall be binding upon and inure to the benefit of the Company and Reinsurer Reinsurers and their respective successors and assigns provided, however, that this Contract Agreement may not be assigned by either party without the prior written consent of the other which consent may be withheld by either party in its sole unfettered discretion. This provision shall not be construed to preclude the assignment by the Company of reinsurance recoverables to another party for collection. B. The territorial limits of this Contract shall be identical with those of the Company’s Policies. C. This Contract shall constitute the entire agreement between the parties with respect to the Business Covered hereunder. There are no understandings between the parties other than as expressed in this Contract. Any change or modification of this Contract shall be null and void unless made by amendment to the Contract and signed by both parties. D. Except as may be provided in the Article entitled ARBITRATIONArbitration Article, this Contract Agreement shall be governed by and construed according to the laws of the Commonwealth State of Pennsylvania, exclusive of that state’s rules with respect to conflicts of lawNew York. E. C. The headings preceding the text of the Articles and paragraphs of this Contract Agreement are intended and inserted solely for the convenience of reference and shall not affect the meaning, interpretation, construction or effect of this ContractAgreement. F. D. This Contract Agreement is solely between the Company and the ReinsurerReinsurers, and in no instance shall any insured, claimant or other third party have any rights under this ContractAgreement unless expressly provided by an endorsement to this Agreement signed by the Reinsurers. G. If E. In the event any provision of this Contract should Agreement is rendered illegal or unenforceable in any jurisdiction, such provision will be invalid under applicable lawsconsidered void as respects that jurisdiction only, and such a consideration will not affect the latter shall control but only to the extent validity or enforceability of the conflict without affecting the remaining provisions any provision of this ContractAgreement in any other jurisdiction. H. F. The failure of the Company or Reinsurer Reinsurers to insist on strict compliance with this Contract Agreement or to exercise any right or remedy shall not constitute a waiver of any rights contained in this Contract Agreement nor estop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising any remedy. I. G. Each party shall be excused for any reasonable failure or delay in performing any of its respective obligations under this ContractAgreement, if such failure or delay is caused by Force Majeure. “Force Majeure” shall mean any act of God, strike, lockout, act of public enemy, any accident, explosion, fire, storm, earthquake, flood, drought, peril of sea, riot, embargo, war or foreign, federal, state or municipal order or directive issued by a court or other authorized official, seizure, requisition or allocation, any failure or delay of transportation, shortage of or inability to obtain supplies, equipment, fuel or labor or any other circumstance or event beyond the reasonable control of the party relying upon such circumstance or event; provided, however, that no such Force Majeure circumstance or event shall excuse any failure or delay beyond a period exceeding thirty ten (3010) days from the date such performance would have been due but for such circumstance or event.