Common use of Late Notice Clause in Contracts

Late Notice. Innocent Non-Disclosure and Material Non-Disclosure 6.10.1 The Underwriters shall not exercise its right to avoid this Policy, nor will the Underwriters reject a request for indemnity, solely on the grounds of non-disclosure in the Proposal Form or a breach of the notice provisions set forth in Section 5.1, provided that: a the Insured shall establish to the Underwriters’ reasonable satisfaction that such non- disclosure or breach was free of any fraudulent conduct or intent to deceive; and b if the Insured was aware, prior to the Inception Date set forth in Item 2A of the Schedule, of any Claim, Circumstance or any matter for which cover is provided under this Policy, then if the indemnity available under this Policy is greater or wider in scope than that which would have been available, if any, to the Insured prior to such Inception Date, the Underwriters shall only be liable to indemnify the Insured for such amount and on such terms as would have been available to the Insured prior to such Inception Date, except that nothing in this provision shall entitle the Insured to any indemnity wider or more extensive than is otherwise available under this Policy; provided, however, that this subsection (b) shall not apply to Automatic Extension 2.9; and c if such non-disclosure or breach has resulted in prejudice to the Underwriters in the handling or settlement of any Claim or request for indemnity, the indemnity afforded by this Policy in respect of such Claim or request for indemnity shall be reduced by such sum as would have been payable, in the Underwriters’ reasonable opinion, by the Underwriters in the absence of such prejudice; and d no indemnity shall be available for any matter for which the Insured fails to provide notice within the applicable time frames specified in Section 5.1.1 (no later than the end of the Policy Period or no later than seven (7) days after the Expiration Date as set in Item 2B of the Schedule). 6.10.2 In consideration of the Underwriters waiving its right to avoid this Policy in accordance with Section 6.10.1, and in the event of a material non- disclosure in the Proposal Form, the Underwriters shall be entitled in their sole discretion: (a) to determine the amount of any additional premium to be paid by the Insured; and (b) to charge such additional premium to the Insured.

Late Notice. Innocent Non-Disclosure and Material Non-Disclosure 6.10.1 6.11.1 The Underwriters shall not exercise its their right to avoid this Policy, nor will the Underwriters reject a request for indemnity, solely on the grounds of non-disclosure in the Proposal Form or a breach of the notice provisions set forth in Section 5.1this Policy, provided that: a : (a) the Insured shall establish to the Underwriters’ reasonable satisfaction that such non- non-disclosure or breach was free of any fraudulent conduct or intent to deceive; and b and (b) if the Insured was aware, prior to the Inception Date set forth in Item 2A of the Schedule, of any Claim, Circumstance or any matter for which cover is provided under this Policy, then if the indemnity available under this Policy is greater or wider in scope than that which would have been available, if any, to the Insured prior to such Inception Date, the Underwriters shall only be liable to indemnify the Insured for such amount and on such terms as would have been available to the Insured prior to such Inception Date, except that nothing in this provision shall entitle the Insured to any indemnity wider or more extensive than is otherwise available under this Policy; , provided, however, that this subsection subparagraph (b) shall not apply to Automatic Extension 2.91.2.4; and c and (c) if such non-disclosure or breach has resulted in prejudice to the Underwriters in the handling or settlement of any Claim or request for indemnity, the indemnity afforded by this Policy in respect of such Claim or request for indemnity shall be reduced by such sum as would have been payable, in the Underwriters’ reasonable opinion, by the Underwriters in the absence of such prejudice; and d and (d) no indemnity shall be available for any matter for which the Insured fails to provide notice within in accordance with the applicable time frames specified in Section 5.1.1 (no later than the end of the Policy Period or no later than seven (7) days after the Expiration Date as day period set forth in Item 2B of the Schedule)Section 5.1.1. 6.10.2 6.11.2 In consideration of the Underwriters waiving its their right to avoid this Policy in accordance with Section 6.10.16.11.1 above, and in the event of a material non- non-disclosure in the Proposal Form, the Underwriters shall be entitled in their sole discretion: (a) to determine the amount of any additional premium to be paid by the Insured; and (b) to charge such additional premium to the Insured.

Late Notice. Innocent Non-Disclosure and Material Non-Disclosure 6.10.1 5.10.1 The Underwriters shall not exercise its their right to avoid this Policy, nor will the Underwriters reject a request for indemnity, solely on the grounds of non-disclosure in the Proposal Form or a breach of the notice provisions set forth in Section 5.1this Policy, provided that: a : (a) the Insured shall establish to the Underwriters’ reasonable satisfaction that such non- non-disclosure or breach was free of any fraudulent conduct or intent to deceive; and b and (b) if the Insured was aware, prior to the Inception Date set forth in Item 2A of the Schedule, of any Claim, Circumstance or any matter for which cover is provided under this Policy, then if the indemnity available under this Policy is greater or wider in scope than that which would have been available, if any, to the Insured prior to such Inception Date, the Underwriters shall only be liable to indemnify the Insured for such amount and on such terms as would have been available to the Insured prior to such Inception Date, except that nothing in this provision shall entitle the Insured to any indemnity wider or more extensive than is otherwise available under this Policy; , provided, however, that this subsection subparagraph (b) shall not apply to Automatic Extension 2.91.2.4; and c and (c) if such non-disclosure or breach has resulted in prejudice to the Underwriters in the handling or settlement of any Claim or request for indemnity, the indemnity afforded by this Policy in respect of such Claim or request for indemnity shall be reduced by such sum as would have been payable, in the Underwriters’ reasonable opinion, by the Underwriters in the absence of such prejudice; and d and (d) no indemnity shall be available for any matter for which the Insured fails to provide notice within in accordance with the applicable time frames specified in Section 5.1.1 (no later than the end of the Policy Period or no later than seven (7) days after the Expiration Date as day period set forth in Item 2B of the Schedule)Section 4.1.1. 6.10.2 5.10.2 In consideration of the Underwriters waiving its their right to avoid this Policy in accordance with Section 6.10.15.10.1 above, and in the event of a material non- non-disclosure in the Proposal Form, the Underwriters shall be entitled in their sole discretion: (a) to determine the amount of any additional premium to be paid by the Insured; and (b) to charge such additional premium to the Insured.