Common use of TECHNICAL ARBITRATION Clause in Contracts

TECHNICAL ARBITRATION. 15.01 This Article shall apply only to those disputes which specifically provide for resolution using Technical Arbitration. All other disputes shall be resolved through the Dispute Resolution process in Accordance with Article 13 or Arbitration in accordance with Article 14 unless mutually agreed otherwise by the Parties. 15.02 The Party with the dispute shall provide the other Party with notice in accordance with Article 25. 15.03 Within fifteen (15) days of the notification of the dispute, the Parties shall select a Technical Arbitrator to resolve the dispute. The Technical Arbitrator may be either an Actuary or a Securities Firm that is unaffiliated with the Parties and is disinterested in the outcome of the dispute. 15.04 If the Parties cannot agree on the appointment of a Technical Arbitrator within fifteen (15) days following notification of the dispute, each Party shall nominate three qualified candidates. Within ten (10) Business Days thereafter, each Party shall decline two of the candidates from the other Party's nominations, and the Technical Arbitrator shall be chosen from the remaining two candidates by drawing lots. 15.05 Within thirty (30) days of the appointment of the Technical Arbitrator, each Party shall submit to the Technical Arbitrator its proposed remedy for the dispute, together with any supporting materials. Principal First Reinsurance Agreement Between Hartford Life and Annuity Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 <Page> 15.06 Within thirty (30) days of the submission of the proposed remedies, the Technical Arbitrator shall issue a written decision on which of the proposed remedies he/ she/it determines best represents the Agreement and the intent of the Parties thereto. The Technical Arbitrator shall be limited to selecting one or the other remedy so submitted. The decision will be final and binding on both the Reinsurer and the Ceding Company and there will be no further appeal. Judgment upon the award may be entered in any court having jurisdiction thereof. 15.07 Each Party shall bear its own costs and expenses incurred by it in the preparation and presentation of its proposed remedy. The Party whose remedy is not selected shall bear the cost of the Technical Arbitrator.

TECHNICAL ARBITRATION. 15.01 This Article shall apply only to those disputes which specifically provide for resolution using Technical Arbitration. All other disputes shall be resolved through the Dispute Resolution process in Accordance with Article 13 or Arbitration in accordance with Article 14 unless mutually agreed otherwise by the Parties. 15.02 The Party with the dispute shall provide the other Party with notice in accordance with Article 25. 15.03 Within fifteen (15) days of the notification of the dispute, the Parties shall select a Technical Arbitrator to resolve the dispute. The Technical Arbitrator may be either an Actuary or a Securities Firm that is unaffiliated with the Parties and is disinterested in the outcome of the dispute. 15.04 If the Parties cannot agree on the appointment of a Technical Arbitrator within fifteen (15) days following notification of the dispute, each Party shall nominate three qualified candidates. Within ten (10) Business Days thereafter, each Party shall decline two of the candidates from the other Party's nominations, and the Technical Arbitrator shall be chosen from the remaining two candidates by drawing lots. 15.05 Within thirty (30) days of the appointment of the Technical Arbitrator, each Party shall submit to the Technical Arbitrator its proposed remedy for the dispute, together with any supporting materials. Principal First Reinsurance Agreement Between Hartford Life and Annuity Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 <Page>2008 15.06 Within thirty (30) days of the submission of the proposed remedies, the Technical Arbitrator shall issue a written decision on which of the proposed remedies he/ she/it determines best represents the Agreement and the intent of the Parties thereto. The Technical Arbitrator shall be limited to selecting one or the other remedy so submitted. The decision will be final and binding on both the Reinsurer and the Ceding Company and there will be no further appeal. Judgment upon the award may be entered in any court having jurisdiction thereof. 15.07 Each Party shall bear its own costs and expenses incurred by it in the preparation and presentation of its proposed remedy. The Party whose remedy is not selected shall bear the cost of the Technical Arbitrator.

TECHNICAL ARBITRATION. 15.01 This Article shall apply only to those disputes which specifically provide for resolution using Technical Arbitration. All other disputes shall be resolved through the Dispute Resolution process in Accordance with Article 13 or Arbitration in accordance with Article 14 unless mutually agreed otherwise by the Parties. 15.02 The Party with the dispute shall provide the other Party with notice in accordance with Article 25. 15.03 Within fifteen (15) days of the notification of the dispute, the Parties shall select a Technical Arbitrator to resolve the dispute. The Technical Arbitrator may be either an Actuary or a Securities Firm that is unaffiliated with the Parties and is disinterested in the outcome of the dispute. 15.04 If the Parties cannot agree on the appointment of a Technical Arbitrator within fifteen (15) days following notification of the dispute, each Party shall nominate three qualified candidates. Within ten (10) Business Days thereafter, each Party shall decline two of the candidates from the other Party's nominations, and the Technical Arbitrator shall be chosen from the remaining two candidates by drawing lots. 15.05 Within thirty (30) days of the appointment of the Technical Arbitrator, each Party shall submit to the Technical Arbitrator its proposed remedy for the dispute, together with any supporting materials. Principal First Reinsurance Agreement Between Hartford Life and Annuity Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 <Page> 15.06 Within thirty (30) days of the submission of the proposed remedies, the Technical Arbitrator shall issue a written decision on which of the proposed remedies he/ she/it determines best represents the Agreement and the intent of the Parties thereto. The Technical Arbitrator shall be limited to selecting one or the other remedy so submitted. The decision will be final and binding on both the Reinsurer and the Ceding Company and there will be no further appeal. Judgment upon the award may be entered in any court having jurisdiction thereof. 15.07 Each Party shall bear its own costs and expenses incurred by it in the preparation and presentation of its proposed remedy. The Party whose remedy is not selected shall bear the cost of the Technical Arbitrator.

TECHNICAL ARBITRATION. 15.01 This Article shall apply only to those disputes which specifically provide for resolution using Technical Arbitration. All other disputes shall be resolved through the Dispute Resolution process in Accordance with Article 13 or Arbitration in accordance with Article 14 unless mutually agreed otherwise by the Parties. 15.02 The Party with the dispute shall provide the other Party with notice in accordance with Article 25. 15.03 Within fifteen (15) days of the notification of the dispute, the Parties shall select a Technical Arbitrator to resolve the dispute. The Technical Arbitrator may be either an Actuary or a Securities Firm that is unaffiliated with the Parties and is disinterested in the outcome of the dispute. 15.04 If the Parties cannot agree on the appointment of a Technical Arbitrator within fifteen (15) days following notification of the dispute, each Party shall nominate three qualified candidates. Within ten (10) Business Days thereafter, each Party shall decline two of the candidates from the other Party's nominations, and the Technical Arbitrator shall be chosen from the remaining two candidates by drawing lots. 15.05 Within thirty (30) days of the appointment of the Technical Arbitrator, each Party shall submit to the Technical Arbitrator its proposed remedy for the dispute, together with any supporting materials. Principal First Reinsurance Agreement Between Hartford Life and Annuity Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 <Page>2008 15.06 Within thirty (30) days of the submission of the proposed remedies, the Technical Arbitrator shall issue a written decision on which of the proposed remedies he/ she/it determines best represents the Agreement and the intent of the Parties thereto. The Technical Arbitrator shall be limited to selecting one or the other remedy so submitted. The decision will be final and binding on both the Reinsurer and the Ceding Company and there will be no further appeal. Judgment upon the award may be entered in any court having jurisdiction thereof. 15.07 Each Party shall bear its own costs and expenses incurred by it in the preparation and presentation of its proposed remedy. The Party whose remedy is not selected shall bear the cost of the Technical Arbitrator.

TECHNICAL ARBITRATION. 15.01 This Article shall apply only (a) In the event the Parties are unable to those disputes which specifically provide for resolution using Technical Arbitration. All agree on: (i) the cost or other disputes shall be resolved through the Dispute Resolution process in Accordance with Article 13 or Arbitration in accordance with Article 14 unless mutually agreed otherwise impact of a physical improvement proposed by the PartiesClient or New Owner on the Remediation, (ii) whether a Change has occurred pursuant to Paragraph 6 hereof, (iii) the determination of whether a newly discovered Pollution Condition constitutes a Pre-existing Pollution Condition, (iv) the form of the Remedial Action Plan developed pursuant to Paragraph 6, or (v) the means and methods of Remediation and Site Restoration, Project Completion, and/or their effect on Client's or New Owner's business operations at the Site, either Party may deliver a notice of technical arbitration ("ARBITRATION NOTICE") to the other, requesting that the matter be submitted to Technical Arbitration for determination as set forth below. 15.02 The Party with the dispute shall provide the other Party with notice in accordance with Article 25. 15.03 (b) Within fifteen (1515 ) days of the notification receipt of the disputeArbitration Notice, the Parties shall mutually select a Technical Arbitrator to resolve qualified, independent third party technical environmental consultant who shall make the disputedetermination. The Technical Arbitrator may be either an Actuary or a Securities Firm that is unaffiliated with the Parties and is disinterested in the outcome of the dispute. 15.04 If the Parties cannot agree on the selection of a single consultant, within that period, they shall each appoint an environmental consultant and those two consultants shall select a third consultant, whereupon those three consultants shall be the arbitrators hereunder. If the two arbitrators appointed by the Parties shall be unable to agree upon the appointment of a Technical Arbitrator the third arbitrator within fifteen five (155) calendar days following notification after the appointment of the disputesecond arbitrator, each Party both shall nominate three qualified candidates. Within ten give written notice of such failure to agree to the Parties, and, if the Parties fail to agree upon the selection of such third arbitrator within five (105) Business Days thereaftercalendar days after the arbitrators appointed by the Parties give such notice, each Party shall decline two then either of the candidates Parties upon written notice to the other may require such appointment from the other Party's nominationsAmerican Arbitration Association pursuant to its Commercial Arbitration Rules. The Parties shall initially split the cost of the single consultant, or pay the cost of their respective consultants selecting such Party and split equally the cost of the third consultant, as the case may be. (c) The Parties and consultant(s) shall review the information provided by the Parties and complete the arbitration in accordance with the technical industry rules and procedures established by the American Arbitration Association and as set forth herein. In the event the consultant(s) require(s) more information, TRC shall be responsible for providing the information at its sole cost and expense. Notwithstanding the foregoing, Client reserves the right to provide any information that they consider relevant to the arbitrators hereunder, and to review any information submitted by TRC or any other participant in the Technical Arbitrator shall be chosen from the remaining two candidates by drawing lotsarbitration in advance. 15.05 (d) Within thirty (30) days after selection of the appointment consultant(s) and submission of all necessary information to the consultant(s) is completed, the consultant(s) shall make an appropriate determination of the Technical Arbitrator, each Party issue posed. This determination shall submit to the Technical Arbitrator its proposed remedy for the dispute, together with any supporting materials. Principal First Reinsurance Agreement Between Hartford Life and Annuity Insurance Company and Swiss Re Life & Health America Inc. Effective July 24, 2008 <Page> 15.06 Within thirty (30) days of the submission of the proposed remedies, the Technical Arbitrator shall issue a written decision on which of the proposed remedies he/ she/it determines best represents the Agreement and the intent of the Parties thereto. The Technical Arbitrator shall be limited to selecting one or the other remedy so submitted. The decision will be final and binding on both the Reinsurer conclusive as to matters submitted to arbitration, and the Ceding Company and there will be no further appeal. Judgment upon the award may be entered enforced in any court having jurisdiction thereofof competent jurisdiction, subject in all respects to any requirements of Applicable Law or Governmental Authorities. 15.07 Each Party shall bear its own costs and expenses incurred by it in the preparation and presentation of its proposed remedy. The Party whose remedy is not selected shall bear the cost of the Technical Arbitrator.