Common use of Misunderstandings and Oversights Clause in Contracts

Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Assumption Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or act resulting from the misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within thirty (30) Business Days of receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Assumption Agreement.

Appears in 8 contracts

Samples: Assumption Reinsurance Agreement, Assumption Reinsurance Agreement (Utg Inc), Assumption Reinsurance Agreement (Utg Inc)

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Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Assumption Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or an act resulting from the such misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within thirty twenty (3020) Business Days of such other party’s receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Assumption Agreement.

Appears in 3 contracts

Samples: Administrative Services Agreement, Aggregate Loss Portfolio Reinsurance Agreement (Assured Guaranty LTD), Aggregate Loss Portfolio Reinsurance Agreement (Assured Guaranty LTD)

Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Assumption Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurredoccurred and the reinsurance provided hereunder shall not be invalidated. The party first discovering such misunderstanding or oversight, or act resulting from the misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within thirty twenty (3020) Business Days of receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Assumption Agreement.

Appears in 3 contracts

Samples: Coinsurance Agreement (Usf&g Corp), Coinsurance Agreement (Keyport Life Insurance Co), Coinsurance Agreement (Liberty Financial Companies Inc /Ma/)

Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Assumption Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or act resulting from the misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within thirty twenty (3020) Business Days of receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Assumption Agreement.

Appears in 3 contracts

Samples: Coinsurance Agreement (First Commonwealth Corp), Coinsurance Agreement (United Income Inc), Coinsurance Agreement (United Trust Inc /Il/)

Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Assumption Coinsurance Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or act resulting from the misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within thirty (30) Business Days of receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Assumption Coinsurance Agreement.

Appears in 2 contracts

Samples: Coinsurance Agreement (Hancock John Financial Services Inc), Coinsurance Agreement (Wellpoint Health Networks Inc /Ca/)

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Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Assumption Agreement is unintentional and caused by misunderstanding or oversight, the Company Reinsured and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or an act resulting from the such misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within thirty twenty (3020) Business Days of such other party's receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Assumption Agreement.

Appears in 2 contracts

Samples: Aggregate Loss Portfolio Reinsurance Agreement (White Mountains Insurance Group LTD), Aggregate Loss Portfolio Reinsurance Agreement (OneBeacon Insurance Group, Ltd.)

Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Assumption Coinsurance Agreement is unintentional 20 17 and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or act resulting from the misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within thirty (30) Business Days of receipt of such notice. However, this Section shall not be construed as a waiver by either party of its right to enforce strictly the terms of this Assumption Coinsurance Agreement.

Appears in 1 contract

Samples: Coinsurance Agreement (Wellpoint Health Networks Inc /Ca/)

Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or to perform any other act required by this Assumption Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first discovering such misunderstanding or oversight, or act resulting from the misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within thirty (30) Business Days of receipt of such notice. However, this Section shall not be construed as a waiver by 11 14 either party of its right to enforce strictly the terms of this Assumption Agreement.

Appears in 1 contract

Samples: Assumption Reinsurance Agreement (Wellpoint Health Networks Inc /Ca/)

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