Oversights. Any unintentional or inadvertent delay, omission or error made in connection with this Agreement or any transaction hereunder shall not relieve either Party from any Liability that would attach to it hereunder if such delay, omission or error had not been made; provided, that such delay, omission or error is rectified upon discovery. If (a) the failure of either Party to comply with any provision of this Agreement is unintentional or the result of a misunderstanding or oversight and (b) such failure to comply is promptly rectified, both Parties shall be restored as closely as possible to the positions they would have occupied if no error or oversight had occurred.
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Samples: Combination Coinsurance and Modified Coinsurance Agreement (SAFG Retirement Services, Inc.), Modified Coinsurance Agreement (SAFG Retirement Services, Inc.), Combination Coinsurance and Modified Coinsurance Agreement (SAFG Retirement Services, Inc.)
Oversights. Any unintentional Unintentional or inadvertent delaydelays, omission errors or error omissions made in connection with this Agreement or any transaction hereunder (a) shall not relieve either Party from any Liability that which would attach to it hereunder if have attached had such delay, error or omission or error had not been madeoccurred; provided, that such delay, omission or error is rectified upon discovery. If (a) the failure of either Party to comply with any provision of this Agreement is unintentional or the result of a misunderstanding or oversight and (b) such failure to comply is promptly rectified, both Parties shall be restored as closely as possible to the positions they would have occupied if no delay, error or oversight omission had occurred; provided, that, in all cases, such error or omission is rectified as soon as reasonably practicable after discovery by the Party making such error or omission or responsible for such delay; provided, further, that said responsible Party shall be responsible for any additional Liability which attaches as a result.
Appears in 3 contracts
Samples: Reinsurance Agreement (Select Life Variable Account), Reinsurance Agreement (Select Life Variable Account), Reinsurance Agreement (VARIABLE ANNUITY ACCOUNT B OF VOYA RETIREMENT INSURANCE & ANNUITY Co)
Oversights. Any unintentional Unintentional or inadvertent delaydelays, omission errors or error omissions made in connection with this Agreement or any transaction hereunder shall not relieve either Party from any Liability that which would attach to it hereunder if have attached had such delay, error or omission or error had not been madeoccurred; provided, that such delay, omission or error is rectified upon discovery. If (a) the failure of either Party to comply with any provision of this Agreement is unintentional or the result of a misunderstanding or oversight and (b) such failure to comply is promptly rectified, both Parties shall be restored as closely as possible to the positions they would have occupied if no delay, error or oversight omission had occurred, provided that, in all cases, such error or omission is rectified as soon as reasonably practicable after discovery by the Party making such error or omission or responsible for such delay, and provided, further, that said responsible Party shall be responsible for any additional Liability which attaches as a result.
Appears in 3 contracts
Samples: Transition Services Agreement (AXA Equitable Holdings, Inc.), Transition Services Agreement (Protective Life Corp), Transition Services Agreement (Protective Life Insurance Co)
Oversights. Any unintentional Unintentional or inadvertent delaydelays, omission errors or error omissions made in connection with this Agreement or any transaction hereunder (a) shall not relieve either Party from any Liability that which would attach to it hereunder if have attached had such delay, error or omission or error had not been madeoccurred; provided, that such delay, omission or error is rectified upon discovery. If (a) the failure of either Party to comply with any provision of this Agreement is unintentional or the result of a misunderstanding or oversight and (b) such failure to comply is promptly rectified, both Parties shall be restored as closely as possible to the positions they would have occupied if no delay, error or oversight omission had occurred; provided, that, in all cases, such error or omission is 42115819.1 rectified as soon as reasonably practicable after discovery by the Party making such error or omission or responsible for such delay; provided, further, that said responsible Party shall be responsible for any additional Liability which attaches as a result.
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Oversights. Any unintentional Unintentional or inadvertent delaydelays, omission errors or error omissions made in connection with this Agreement or any transaction hereunder (a) shall not relieve either Party from any Liability that which would attach to it hereunder if have attached had such delay, error or omission or error had not been madeoccurred; provided, that such delay, omission or error is rectified upon discovery. If (a) the failure of either Party to comply with any provision of this Agreement is unintentional or the result of a misunderstanding or oversight and (b) such failure to comply is promptly rectified, both Parties shall be restored as closely as possible to the positions they would have occupied if no delay, error or oversight omission had occurred.; provided, that, in all cases, such error or omission is rectified as soon as reasonably practicable after discovery by the Party making such error or omission or responsible for such delay; provided, further, that said responsible Party shall be responsible for any additional Liability which attaches as a result. 41446562.7
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