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2018-08-22 CC Set Agenda Packet
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2018-08-22 CC Set Agenda Packet
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SERVICE OF SUIT CLAUSE (U.S.A.) <br /> This Service of Suit Clause will not be read to conflict with or override the obligations of the parties to <br /> arbitrate their disputes as provided for in any Arbitration provision within this Policy. This Clause is <br /> intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an <br /> alternative to such Arbitration provision for resolving disputes arising out of this contract of insurance (or <br /> reinsurance). <br /> It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be <br /> due hereunder, the Underwriters hereon, at the request of the Insured (or Reinsured), will submit to the <br /> jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause <br /> constitutes or should be understood to constitute a waiver of Underwriters rights to commence an action <br /> in any Court of competent jurisdiction in the United States, to remove an action to a United States District <br /> Court, or to seek a transfer of a case to another Court as permitted by the Laws of the United States or of <br /> any State in the United States. <br /> It is further agreed that service of process in such suit may be made upon <br /> Mendes and Mount, LLP <br /> 750 Seventh Avenue <br /> New York <br /> NY 10019 <br /> and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the <br /> final decision of such Court or of any Appellate Court in the event of an appeal. <br /> The above-named are authorized and directed to accept service of process on behalf of Underwriters in <br /> any such suit and/or upon the request of the Insured (or Reinsured) to give a written undertaking to the <br /> Insured (or Reinsured) that they will enter a general appearance upon Underwriters' behalf in the event <br /> such a suit shall be instituted. <br /> Further, pursuant to any statute of any state, territory or district of the United States which makes <br /> provision therefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of <br /> Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, <br /> as their true and Lawful attorney upon whom may be served any lawful process in any action, suit or <br /> proceeding instituted by or an behalf of the Insured (or Reinsured) or any beneficiary hereunder arising <br /> out of this contract of insurance (or reinsurance), and hereby designate the above-named as the person to <br /> whom the said officer is authorized to mail such process or a true copy thereof. <br /> LMA5020 <br /> 14/09/2005 <br />
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