Contract



 Exhibit 10.33 
  





 
 ****** indicates material that has been omitted pursuant to a request for confidential treatment. The omitted material
has been filed separately with the U.S. Securities and Exchange Commission. 
 WORKING LAYER CATASTROPHE EXCESS OF LOSS
REINSURANCE CONTRACT 
 EFFECTIVE: JUNE 1, 2013 

ISSUED TO 

HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY 

TAMPA, FLORIDA 
 Including
any and/or all companies that are or may hereafter become affiliated therewith 
  
 



 








 



 
  

 WORKING LAYER CATASTROPHE EXCESS OF LOSS REINSURANCE CONTRACT 

TABLE OF CONTENTS 
  

					
	 ARTICLE 1
	  			
	 BUSINESS COVERED
	  	 	1	  
	 ARTICLE 2
	  			
	 TERM
	  	 	1	  
	 ARTICLE 3
	  			
	 SPECIAL TERMINATION
	  	 	2	  
	 ARTICLE 4
	  			
	 TERRITORY
	  	 	3	  
	 ARTICLE 5
	  			
	 EXCLUSIONS
	  	 	3	  
	 ARTICLE 6
	  			
	 RETENTION AND LIMIT
	  	 	5	  
	 ARTICLE 7
	  			
	 REINSURANCE PREMIUM
	  	 	8	  
	 ARTICLE 8
	  			
	 EXPERIENCE ACCOUNT
	  	 	8	  
	 ARTICLE 9
	  			
	 DEFINITIONS
	  	 	9	  
	 ARTICLE 10
	  			
	 LOSS OCCURRENCE DEFINITION
	  	 	11	  
	 ARTICLE 11
	  			
	 ACCESS TO RECORDS
	  	 	13	  
	 ARTICLE 12
	  			
	 ARBITRATION
	  	 	13	  
	 ARTICLE 13
	  			
	 CONFIDENTIALITY
	  	 	14	  
	 ARTICLE 14
	  			
	 CURRENCY
	  	 	15	  
	 ARTICLE 15
	  			
	 ENTIRE AGREEMENT
	  	 	16	  
	 ARTICLE 16
	  			
	 ERROR AND OMISSIONS
	  	 	16	  
	 ARTICLE 17
	  			
	 FEDERAL EXCISE TAX
	  	 	16	  


  
 



 

	
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	 ARTICLE 18
	  			
	 GOVERNING LAW
	  	 	17	  
	 ARTICLE 19
	  			
	 INSOLVENCY
	  	 	17	  
	 ARTICLE 20
	  			
	 LATE PAYMENTS
	  	 	18	  
	 ARTICLE 21
	  			
	 LIABILITY OF THE REINSURER
	  	 	20	  
	 ARTICLE 22
	  			
	 LOSS NOTICES AND SETTLEMENTS
	  	 	20	  
	 ARTICLE 23
	  			
	 NO ASSIGNMENT
	  	 	21	  
	 ARTICLE 24
	  			
	 NON-WAIVER
	  	 	21	  
	 ARTICLE 25
	  			
	 NOTICES AND AGREEMENT EXECUTION
	  	 	21	  
	 ARTICLE 26
	  			
	 OFFSET
	  	 	22	  
	 ARTICLE 27
	  			
	 OTHER REINSURANCE
	  	 	22	  
	 ARTICLE 28
	  			
	 SALVAGE AND SUBROGATION
	  	 	22	  
	 ARTICLE 29
	  			
	 SERVICE OF SUIT
	  	 	23	  
	 ARTICLE 30
	  			
	 SEVERABILITY
	  	 	23	  
	 ARTICLE 31
	  			
	 TAXES
	  	 	24	  
	 ARTICLE 32
	  			
	 THIRD PARTY RIGHTS
	  	 	24	  
	 ARTICLE 33
	  			
	 INTERMEDIARY
	  	 	24	  

 ATTACHMENTS 

Nuclear Incident Exclusion Clause - Physical Damage – Reinsurance U.S.A. 
 Sanction Limitation And Exclusion Clause 

  
 



 

	
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 WORKING LAYER CATASTROPHE EXCESS OF LOSS REINSURANCE CONTRACT 

(hereinafter called the “Contract”) 
 EFFECTIVE: JUNE 1, 2013 
 issued to 

HOMEOWNERS CHOICE PROPERTY & CASUALTY INSURANCE COMPANY 

Including any and/or all companies that are or may hereafter become affiliated therewith 

(hereinafter called the “Reinsured”) 
 by 
 THE SUBSCRIBING REINSURER(S) SPECIFIED IN THE INTERESTS AND LIABILITIES
AGREEMENT 
 ATTACHED TO THIS CONTRACT 
 (hereinafter called, with other participants, the “Reinsurers”) 

ARTICLE 1 

BUSINESS COVERED 
 This Contract
is to indemnify the Reinsured in respect of its net excess liability as a result of any loss or losses which may occur during the Term of this Contract under any policies, contracts and binders of insurance or reinsurance (hereinafter called
“Policies’’) in force at the effective date hereof or issued or renewed on or after that date, covering direct and assumed business classified by the Reinsured as the property perils of Homeowners and Dwelling, subject to the terms,
conditions and limitations hereinafter set forth. 
 ARTICLE 2 
 TERM 
  

	1.	This Contract shall become effective at 12:00:01 a.m., Eastern Time, June 1, 2013, with respect to losses arising out of Loss Occurrences which commence at or
after that time and date, and shall remain in force until 11:59:59 p.m., Eastern Time, May 31, 2018, unless earlier terminated in accordance with the provisions of the Special Termination Article herein. 


 

	2.	Pursuant to the terms of this Contract, the Reinsurer shall not be liable for Loss Occurrences which commence either prior to the effective time and date of this
Contract or after the effective time and date of expiration or termination. In the event a Loss Occurrence covered hereunder is in progress at the end of any Contract Year, the Reinsurer’s liability hereunder shall, subject to the other terms
and conditions of this 


  
 



 

			
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Contract, be determined as if the entire Loss Occurrence had occurred prior to the end of such Contract Year, provided that no part of such Loss Occurrence is claimed in the subsequent Contract
Year or against any renewal or replacement of this Contract. 

 ARTICLE 3 

SPECIAL TERMINATION 
  

	1.	The Reinsured may terminate this Contract at the end of any Contract Year by giving written notice to the Reinsurer at least 30 days prior to the end of such Contract
Year, in the event any of the following circumstances occur: 

  

	 	a.	The Florida Office of Insurance Regulation or other legal authority has ordered the Reinsurer to cease writing business; or 


 

	 	b.	The Reinsurer’s A.M. Best’s rating has been assigned or downgraded below A- and/or its Standard & Poor’s rating has been assigned or downgraded
below BBB+; or 

  

	 	c.	The Reinsurer has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement or
similar proceedings (whether voluntary or involuntary), or proceedings have been instituted against the Reinsurer for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other
agent known by whatever name, to take possession of its assets or control of its operations. 

  

	2.	The Reinsured may terminate this Contract at the end of the Third or any subsequent Contract Year in the event the balance of the Experience Account is greater than
zero as of the effective date of termination, by giving the Reinsurer at least 30 days prior written notice. In the event of termination in accordance with this paragraph, the liability of the parties hereunder shall be commuted. Upon commutation,
the Reinsurer shall pay to the Reinsured an amount equal to the sum of the following: 

  

	 	a.	The outstanding reserves as of the date of termination for unpaid Ultimate Net Loss ceded under this Contract as mutually agreed upon by the parties to this Contract ;
and 

  

	 	b.	90% of the balance of the Experience Account as of the date of termination. 

 Such payment shall constitute a full and final commutation and release of the Reinsured and the Reinsurer as respects all liability under this Contract, without the need for execution and delivery of any
further documentation. 

  
 



 

			
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	3.	The Reinsurer may immediately terminate this Contract by giving 10 days written notice to the Reinsured in the event the Reinsured fails to remit any premium
installment payment due in accordance with the provisions of the Premium Article. Should the Reinsured remit payment during this notice period, the Reinsurer shall lose the right to terminate. 


 

	4.	The Reinsurer may terminate this Contract at the end of any Contract Year by giving written notice to the Reinsured in the event any of the following circumstances
occur: 

  

	 	a.	The Reinsured has become insolvent or has been placed into liquidation, receivership, supervision, administration, winding-up or under a scheme of arrangement or
similar proceedings (whether voluntary or involuntary), or proceedings have been instituted against the Reinsured for the appointment of a receiver, liquidator, rehabilitator, supervisor, administrator, conservator or trustee in bankruptcy, or other
agent known by whatever name, to take possession of its assets or control of its operations; or 

  

	 	b.	A change of control and/or sale of the Reinsured. 

  

	5.	The Reinsurer may terminate this Contract at the end of the Third or any subsequent Contract Year in the event the balance of the Experience Account is less than zero
as of the effective date of termination, by giving the Reinsured at least 30 days prior written notice. 


ARTICLE 4 

TERRITORY 
 The liability of the
Reinsurer shall be limited to losses under Policies covering property located within the territorial limits of the State of Florida; but this limitation shall not apply to moveable property if the Reinsured’s Policies provide coverage when said
moveable property is outside the aforementioned territorial limits. 
 ARTICLE 5 

EXCLUSIONS 
  

	1.	This Contract does not apply to and specifically excludes the following: 

  

	 	a.	All excess of loss reinsurance assumed by the Reinsured. 


  
 



 

			
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	 	b.	Reinsurance assumed by the Reinsured under obligatory reinsurance agreements, except intercompany reinsurance between the Reinsured and its affiliates and agency
reinsurance where the policies involved are to be re-underwritten in accordance with the underwriting standards of the Reinsured and reissued as policies of the Reinsured at the next anniversary or expiration date. 


 

	 	c.	Financial guarantee and insolvency. 

  

	 	d.	Insurance policies classified by the Reinsured as Accident and Health, Fidelity and Surety, Boiler and Machinery, Workers’ Compensation, and Credit business.


  

	 	e.	Flood and/or earthquake when written as such for standalone policies where flood and/or earthquake is the only named peril. 


 

	 	f.	Nuclear risks as defined in the “Nuclear Incident Exclusion Clause - Physical Damage - Reinsurance U.S.A.” attached to and forming part of this Contract.


  

	 	g.	Loss or damage caused by or resulting from war, invasion, hostilities, acts of foreign enemies, civil war, rebellion, insurrection, military or usurped power, or
martial law or confiscation by order of any government or public authority, but this exclusion shall not apply to loss or damage covered under a standard policy with a standard War Exclusion Clause. 


 

	 	h.	Loss or liability from any Pool, Association or Syndicate and any assessment or similar demand for payment related to the Florida Hurricane Catastrophe Fund or Citizens
Property Insurance Corporation. 

  

	 	i.	All liability of the Reinsured arising by contract, operation of law, or otherwise, from its participation or membership, whether voluntary or involuntary, in any
insolvency fund. “Insolvency Fund” includes any guaranty fund, insolvency fund, plan, pool, association, fund or other arrangement, however denominated, established or governed, which provides for any assessment of or payment or assumption
by the Reinsured of part or all of any claim, debt, charge, fee or other obligation of an insurer, or its successors or assigns, which has been declared by any competent authority to be insolvent, or which is otherwise deemed unable to meet any
claim, debt, charge, fee or other obligation in whole or in part. 


  
 



 

			
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	 	j.	Loss and/or damage and/or costs and/or expenses arising from seepage and/or pollution and/or contamination, other than contamination from smoke. Nevertheless, this
exclusion does not preclude payment of the cost of removing debris of property damaged by a loss otherwise covered hereunder, subject always to a limit of 25% of the Reinsured’s property loss under the applicable original policy.


  

	 	k.	Loss, damage, cost or expense arising out of an act of terrorism involving the use of any biological, chemical, nuclear or radioactive agent, material, device or
weapon. 

  

	 	l.	All liability arising out of mold, spores and/or fungus, but this exclusion shall not apply to those losses which follow as a direct result of a loss caused by a peril
otherwise covered hereunder. 

  

	2.	With the exception of subparagraphs (c), (f), (g) and (k) of paragraph (1) above, should any judicial, regulatory or legislative entity having legal
jurisdiction invalidate any exclusion on the Reinsured’s policy, any amount of loss for which the Reinsured is liable because of such invalidation will not be excluded hereunder. 


 

	3.	The Reinsured may submit to the Reinsurer, for special acceptance hereunder, business not covered by this Contract. Within seven days of receipt of such request, each
Reinsurer shall accept such request, ask for additional information, or reject the request. If a Reinsurer fails to respond to a special acceptance request within seven days, the Reinsurer shall be deemed to have agreed to the special acceptance. If
said business is accepted by the Reinsurer, it will be subject to the terms of this Contract, except as such terms are modified by such acceptance. Any special acceptance business covered under the reinsurance agreement being replaced by this
Contract will be automatically covered hereunder. Further, in the event a Reinsurer becomes a party to this Contract subsequent to the special acceptance of any business not normally covered hereunder, the Reinsurer shall automatically accept the
same as being a part of this Contract. 

 ARTICLE 6 

RETENTION AND LIMIT 
  

	1.	As respects business subject to this Contract, the Reinsured shall retain and be liable for the first amount of Ultimate Net Loss, equal to the following:


  

	 	a.	Reinsured’s Retention, as respects all loss or losses arising out of Loss Occurrences commencing during the Contract Year effective June 1, 2013, shall equal
$31,000,000. 


  
 



 

			
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	 	b.	Reinsured’s Retention, as respects all loss or losses arising out of Loss Occurrences commencing during the Contract Year effective June 1, 2014, shall equal
the greater of the following: 

  

	 	i.	$27,500,000; or 

  

	 	ii.	$20,000,000 plus 15% of the Reinsured’s Policyholders’ Surplus as of December 31, 2013, rounded up to the nearest 1,000,000. 


 

	 	c.	Reinsured’s Retention, as respects all loss or losses arising out of Loss Occurrences commencing during the Contract Year effective June 1, 2015, shall equal
the greater of the following: 

  

	 	i.	$27,500,000; or 

  

	 	ii.	$20,000,000 plus 15% of the Reinsured’s Policyholders’ Surplus as of December 31, 2014, rounded up to the nearest 1,000,000. 


 

	 	d.	Reinsured’s Retention, as respects all loss or losses arising out of Loss Occurrences commencing during the Contract Year effective June 1, 2016, shall equal
the greater of the following: 

  

	 	i.	$27,500,000; or 

  

	 	ii.	$20,000,000 plus 15% of the Reinsured’s Policyholders’ Surplus as of December 31, 2015, rounded up to the nearest 1,000,000. 


 

	 	e.	Reinsured’s Retention, as respects all loss or losses arising out of Loss Occurrences commencing during the Contract Year effective June 1, 2017, shall equal
the greater of the following: 

  

	 	i.	$27,500,000; or 

  

	 	ii.	$20,000,000 plus 15% of the Reinsured’s Policyholders’ Surplus as of December 31, 2016, rounded up to the nearest 1,000,000. 


  
 



 

			
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	2.	The Reinsurer shall then be liable for the amount by which such Ultimate Net Loss exceeds the applicable Reinsured’s Retention, but the liability of the Reinsurer
shall be limited as follows: 

  

	 	a.	For each Loss Occurrence in any Contract Year, the amount of the Reinsurer’s liability shall be limited to the First Event Occurrence Limit, as defined in
paragraph (3) of this Article; 

  

	 	b.	In the event the First Event Occurrence Limit is exhausted from a loss or losses in a given Contract Year, the Reinsurer’s Reinstatement Occurrence Limit, as
defined in paragraph (3) of this Article, shall apply to all loss or losses arising out of Loss Occurrences commencing during such Contract Year; 

  

	 	c.	The Reinsurer’s liability for all Loss Occurrences during the Term of this Contract that are categorized as First Event Loss Occurrences shall be limited to the
First Event Coverage Term Aggregate Limit, as defined in paragraph (3) of this Article; 

  

	 	d.	The Reinsurer’s liability for all Loss Occurrences during the Term of this Contract that are categorized as Reinstatement Loss Occurrences shall be limited to the
Reinstatement Term Aggregate Limit, as defined in paragraph (3) of this Article; 

  

	 	e.	The Reinsurer’s liability in any single Contract Year, subject always to the provisions of subparagraphs (c) and (d) above, shall be limited to that
Contract Year’s applicable First Event Occurrence Limit plus $30,000,000 being the Reinstatement Occurrence Limit; 

  

	 	f.	The Reinsurer’s liability for all Loss Occurrences, regardless of being categorized as First Event or Reinstatement, during the Term of this Contract shall be
limited to $150,000,000. 

  

	3.	Per the provisions of paragraph (2) above, the reinsurance limits are as follows: 


 

	 	a.	Reinsurer’s First Event Occurrence Limit shall be equal to: 

  

	 	i.	$30,000,000 for Contract Year effective June 1, 2013. 

  

	 	ii.	$30,000,000 plus the positive value, if any, of the Experience Account at May 31, 2014, for Contract Year effective June 1, 2014. 


 

	 	iii.	$30,000,000 plus the positive value, if any, of the Experience Account at May 31, 2015, for Contract Year effective June 1, 2015. 


  
 



 

			
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	 	iv.	$30,000,000 plus the positive value, if any, of the Experience Account at May 31, 2016, for Contract Year effective June 1, 2016. 


 

	 	v.	$30,000,000 plus the positive value, if any, of the Experience Account at May 31, 2017, for Contract Year effective June 1, 2017. 


 

	 	b.	Reinsurer’s Reinstatement Occurrence Limit shall be equal to $30,000,000 for each Contract Year. 


 

	 	c.	Reinsurer’s Reinstatement Term Aggregate Limit shall be equal to $50,000,000. 


 

	 	d.	Reinsurer’s First Event Coverage Term Aggregate Limit shall be equal to $100,000,000. 


 

	4.	Notwithstanding the provisions above, no claim shall be made under the terms and conditions of this Contract in any one Loss Occurrence unless at least two risks
insured or reinsured by the Reinsured are involved in such Loss Occurrence. For purposes hereof, the Reinsured shall be the sole judge of what constitutes “one risk.” 


ARTICLE 7 

REINSURANCE PREMIUM 
 The
Reinsured shall pay the Reinsurer an annual premium of $******, payable in two equal installments of $****** on June 1 and December 1 of each Contract Year. 
 ARTICLE 8 
 EXPERIENCE ACCOUNT 

 

	1.	The Reinsurer shall establish a notional Experience Account for the benefit of the Reinsured equal to the following: 


 

	 	a.	Cumulative premium earned; less 

  

	 	b.	Accrued reinsurer margin equal to ******% of premium earned; less 

  

	 	c.	Cumulative net losses paid under this Contract; less 

  

	 	d.	Outstanding reserves as of the date of termination for unpaid Ultimate Net Loss ceded to this Contract. 


Premium is earned as it is paid by the Reinsured and received by the Reinsurer. 

 

	2.	If the balance of the Experience Account is positive, the Reinsurer shall pay the Reinsured an amount equal to ******% of the balance upon termination of this Contract.



  
 



 

			
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 ARTICLE 9 
 DEFINITIONS 
 ULTIMATE NET LOSS 

The term “Ultimate Net Loss” as used herein shall be defined as the sum or sums (including Loss in Excess of Policy Limits, Extra Contractual
Obligations and Loss Adjustment Expense, as hereinafter defined) paid or payable by the Reinsured in settlement of claims and in satisfaction of judgments rendered on account of such claims after deduction of all salvage, all recoveries, and all
claims on inuring insurance or reinsurance, whether collectible or not. Nothing herein shall be construed to mean that losses under this Contract are not recoverable until the Reinsured’s Ultimate Net Loss has been ascertained. 

LOSS IN EXCESS OF POLICY LIMITS AND EXTRA CONTRACTUAL OBLIGATIONS 
 The terms “Loss in Excess of Policy Limits” and “Extra Contractual Obligations” as used herein shall be defined as follows: 

 

	 	a.	“Loss in Excess of Policy Limits” shall mean 100% of any amount paid or payable by the Reinsured in excess of its Policy limits, but otherwise within the
terms of its Policy, such loss in excess of the Reinsured’s Policy limits having been incurred because of, but not limited to, failure by the Reinsured to settle within the Policy limits or by reason of the Reinsured’s alleged or actual
negligence, fraud or bad faith in rejecting an offer of settlement or in the preparation of the defense or in the trial of an action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such an action.


  

	 	b.	 “Extra Contractual Obligations” shall mean 100% of any punitive, exemplary, compensatory or consequential damages paid or payable by the
Reinsured, not covered by any other provision of this Contract and which arise from the handling of any claim on business subject to this Contract, such liabilities arising because of, but not limited to, failure by the Reinsured to settle within
the Policy limits or by reason of the Reinsured’s alleged or actual negligence, fraud or bad faith in rejecting an offer of 



  
 



 

			
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settlement or in the preparation of the defense or in the trial of an action against its insured or reinsured or in the preparation or prosecution of an appeal consequent upon such an action. An
Extra Contractual Obligation shall be deemed, in all circumstances, to have occurred on the same date as the loss covered or alleged to be covered under the Policy. 


Notwithstanding anything stated herein, this Contract shall not apply to any Loss in Excess of Policy Limits or any Extra Contractual
Obligation incurred by the Reinsured as a result of any fraudulent and/or criminal act by any officer or director of the Reinsured acting individually or collectively or in collusion with any individual or corporation or any other organization or
party involved in the presentation, defense or settlement of any claim covered hereunder. 
 Further, any Loss in Excess of
Policy Limits and/or Extra Contractual Obligations that are made in connection with this Contract shall not exceed 25% of the contractual loss under all Policies involved in the Loss Occurrence as respects each excess layer hereunder. 

LOSS ADJUSTMENT EXPENSE 
 The term “Loss
Adjustment Expense” as used herein shall be defined as expenses assignable to the investigation, appraisal, adjustment, settlement, litigation, defense, and/or appeal of claims, regardless of how such expenses are classified for statutory
reporting purposes. Loss Adjustment Expense shall include, but not be limited to, interest on judgments, expenses of outside adjusters, expenses and a pro rata share of salaries of the Reinsured’s field employees and expenses of other employees
of the Reinsured who have been temporarily diverted from their normal and customary duties and assigned to the adjustment of losses covered by this Contract, expenses of the Reinsured’s officials incurred in connection with losses covered by
this Contract, and Declaratory Judgment Expenses or other legal expenses and costs incurred in connection with coverage questions and legal actions connected thereto. Loss Adjustment Expense shall not include normal office expenses or salaries of
the Reinsured’s employees or officials. 
 DECLARATORY JUDGMENT EXPENSE 
 The term “Declaratory Judgment Expense” as used herein shall be defined as the Reinsured’s own costs and legal expense incurred in direct connection with declaratory judgment actions
brought to determine the Reinsured’s defense and/or indemnification obligations that are assignable to specific claims arising out of Policies reinsured by this Contract, regardless of 

  
 



 

			
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whether the declaratory judgment action is successful or unsuccessful. Any Declaratory Judgment Expense shall be deemed to have been fully incurred by the Reinsured on the same date as the
original loss (if any) giving rise to the action. 
 CONTRACT YEAR 
 “Contract Year” as used herein shall be defined as the period from 12:00:01 a.m., Eastern Time, June 1, 2013, through 11:59:59 p.m., Eastern Time, May 31, 2014, and each subsequent
12-month period thereafter that this Contract continues in force. However, if this Contract is terminated, the final Contract Year shall be from the beginning of the then current Contract Year to the effective time and date of termination.

 TERM OF THIS CONTRACT 
 “Term
of this Contract” as used herein shall be defined as the period from 12:00:01 a.m., Eastern Time, June 1, 2013, through 11:59:59 p.m., Eastern Time, May 31, 2018. However, if this Contract is terminated, Term of this Contract as used
herein shall mean the period from 12:00:01 a.m., Eastern Time, June 1, 2013 to the effective time and date of termination. 

ARTICLE 10 
 LOSS
OCCURRENCE DEFINITION 
 LOSS OCCURRENCE 
  

	1.	The term “Loss Occurrence” shall mean the sum of all individual losses directly occasioned by any one disaster, accident or loss or series of disasters,
accidents or losses arising out of one event which occurs within the area of one state of the United States or province of Canada and states or provinces contiguous thereto and to one another. However, the duration and extent of any one Loss
Occurrence shall be limited to all individual losses sustained by the Reinsured occurring during any period of 168 consecutive hours arising out of and directly occasioned by the same event except that the term Loss Occurrence shall be further
defined as follows: 

  

	 	a.	As regards windstorm, hail, tornado, hurricane, cyclone, including ensuing collapse and water damage, all individual losses sustained by the Reinsured occurring during
any period of 96 consecutive hours arising out of and directly occasioned by the same event. However, the event need not be limited to one state or province or states or provinces contiguous thereto. 


  
 



 

			
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	 	b.	As regards riot, riot attending a strike, civil commotion, vandalism and malicious mischief, all individual losses sustained by the Reinsured occurring during any
period of 96 consecutive hours within the area of one municipality or county and the municipalities or counties contiguous thereto arising out of and directly occasioned by the same event. The maximum duration of 96 consecutive hours may be extended
in respect of individual losses which occur beyond such 96 consecutive hours during the continued occupation of an assured’s premises by strikers, provided such occupation commenced during the aforesaid period. 


 

	 	c.	As regards earthquake (the epicenter of which need not necessarily be within the territorial confines referred to in the opening paragraph of this Article) and fire
following directly occasioned by the earthquake, only those individual fire losses which commence during the period of 168 consecutive hours may be included in the Reinsured’s Loss Occurrence. 


 

	 	d.	As regards freeze, only individual losses directly occasioned by collapse, breakage of glass and water damage (caused by bursting of frozen pipes and tanks) may be
included in the Reinsured’s Loss Occurrence. 

  

	 	e.	As regards firestorms, brush fires and any other fires or series of fires, irrespective of origin (except as provided in subparagraphs (b) and (c) above),
which spread through trees, grassland or other vegetation, all individual losses sustained by the Reinsured which occur during any period of 168 consecutive hours within the area of one state of the United States or province of Canada and states or
provinces contiguous thereto and to one another may be included in the Reinsured’s Loss Occurrence. 

  

	2.	For all Loss Occurrences the Reinsured may choose the date and time when any such period of consecutive hours commences provided that it is not earlier than the date
and time of the occurrence of the first recorded individual loss sustained by the Reinsured arising out of that disaster, accident or loss and provided that only one such period of 168 consecutive hours shall apply with respect to one event, except
for any Loss Occurrence referred to in subparagraph (a) or (b) of paragraph (1) above where only one such period of 96 consecutive hours shall apply with respect to one event, regardless of the duration of the event.


  

	3.	No individual losses occasioned by an event that would be covered by the 96 hours clauses may be included in any Loss Occurrence claimed under the 168 hours provision.



  
 



 

			
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 ARTICLE 11 
 ACCESS TO RECORDS 
 The Reinsurer or its designated representatives shall have access
to the books and records of the Reinsured on matters relating to this reinsurance at all reasonable times, and at the location where such books and records are maintained in the ordinary course of business, for the purpose of obtaining and making
copies of information concerning this Contract or the subject matter thereof. Notification of a request for inspection of records shall be sent to the Reinsured by the Reinsurer in written form. The Reinsurer’s right of audit and inspection
shall continue as long as either party has a claim against the other arising out of this Contract. 
 ARTICLE 12

 ARBITRATION 
  

	1.	As a condition precedent to any right of action hereunder, in the event of any dispute or difference of opinion hereafter arising with respect to this Contract, it is
hereby mutually agreed that such dispute or difference of opinion shall be submitted to arbitration. One Arbiter shall be chosen by the Reinsured, the other by the Reinsurer, and an Umpire shall be chosen by the two Arbiters before they enter upon
arbitration, all of whom shall be active or retired disinterested executive officers of insurance or reinsurance companies or Underwriters at Lloyd’s. In the event that either party should fail to choose an Arbiter within 30 days following a
written request by the other party to do so, the requesting party may choose two Arbiters who shall in turn choose an Umpire before entering upon arbitration. If the two Arbiters fail to agree upon the selection of an Umpire within 30 days following
their appointment, the two Arbiters shall request the American Arbitration Association to appoint the Umpire. If the American Arbitration Association fails to appoint the Umpire within 30 days after it has been requested to do so, either party may
request a justice of a court of general jurisdiction of the state in which the arbitration is to be held to appoint the Umpire. 

  

	2.	Each party shall present its case to the Arbiters within 30 days following the date of appointment of the Umpire. The Arbiters shall consider this Contract as an
honorable engagement rather than merely as a legal obligation and they are relieved of all judicial formalities and may abstain from following the strict rules of law. The decision of the Arbiters shall be final and binding on both parties; but
failing to agree, they shall call in the Umpire and the decision of the majority shall be final and binding upon both parties. Judgment upon the final decision of the Arbiters may be entered in any court of competent jurisdiction.



  
 



 

			
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	3.	If more than one reinsurer is involved in the same dispute, all such reinsurers shall, at the option of the Reinsured, constitute and act as one party for purposes of
this Article and communications shall be made by the Reinsured to each of the reinsurers constituting one party, provided, however, that nothing herein shall impair the rights of such reinsurers to assert several, rather than joint, defenses or
claims, nor be construed as changing the liability of the reinsurers participating under the terms of this Contract from several to joint. 

  

	4.	Each party shall bear the expense of its own Arbiter, and shall jointly and equally bear with the other the expense of the Umpire and of the arbitration. In the event
that the two Arbiters are chosen by one party, as above provided, the expense of the Arbiters, the Umpire and the arbitration shall be equally divided between the two parties. 


 

	5.	Any arbitration proceedings shall take place at a location mutually agreed upon by the parties to this Contract. Notwithstanding the location of the arbitration, all
proceedings pursuant hereto shall be governed by the law of the State of Florida. 

 ARTICLE 13 

CONFIDENTIALITY 
  

	1.	The Reinsurer hereby acknowledges that the terms and conditions of this Contract, any materials provided in the course of audit or inspection and any documents,
information and data provided to it by the Reinsured, whether directly or through an authorized agent, in connection with the placement and execution of this Contract (hereinafter referred to as “Confidential Information”) are proprietary
and confidential to the Reinsured. Confidential Information shall not include documents, information or data that the Reinsurer can show: 

  

	 	a.	Are publicly available or have become publicly available through no unauthorized act of the Reinsurer; 


 

	 	b.	Have been rightfully received from a third person without obligation of confidentiality; or 


 

	 	c.	Were known by the Reinsurer prior to the placement of this Contract without an obligation of confidentiality. 


  
 



 

			
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	2.	Absent the written consent of the Reinsured, the Reinsurer shall not disclose any Confidential Information to any third parties, including any affiliated companies
(except to the extent necessary to enable affiliated companies or third parties engaged by the Reinsurer to perform services related to this Contract on behalf of the Reinsurer), except: 


 

	 	a.	When required by retrocessionaires subject to the business ceded to this Contract; 


 

	 	b.	When required by regulators performing an audit of the Reinsurer’s records and/or financial condition; 


 

	 	c.	When required by external auditors performing an audit of the Reinsurer’s records in the normal course of business; 


 

	 	d.	When required by attorneys in connection with an actual or potential dispute hereunder; or 


 

	 	e.	When required for the Reinsurer’s internal operations directly related to carrying out the terms and conditions of this Contract. 


Further, the Reinsurer agrees not to use any Confidential Information for any purpose not related to the performance of its obligations or
enforcement of its rights under this Contract. 
  

	3.	Notwithstanding the above, in the event that the Reinsurer is required by court order, other legal process or any regulatory authority to release or disclose any or all
of the Confidential Information, the Reinsurer agrees to provide the Reinsured with written notice of same at least 10 days prior to such release or disclosure and to use its best efforts to assist the Reinsured in maintaining the confidentiality
provided for in this Article. 

  

	4.	The provisions of this Article shall extend to the officers, directors, shareholders and employees of the Reinsurer and its affiliates, and shall be binding upon their
successors and assigns. 

 ARTICLE 14 
 CURRENCY 
  

	1.	Whenever the word “Dollars” or the “$” sign appears in this Contract, they shall be construed to mean United States Dollars and all transactions
under this Contract shall be in United States Dollars. 

  

	2.	Amounts paid or received by the Reinsured in any other currency shall be converted to United States Dollars at the rate of exchange at the date such transaction is
entered on the books of the Reinsured. 


  
 



 

			
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 ARTICLE 15 
 ENTIRE AGREEMENT 
 This Contract and any related trust agreement, Letter of Credit
and/or special acceptance, shall constitute the entire agreement between the parties hereto with respect to the business being reinsured hereunder, and there are no understandings between the parties hereto other than as expressed in this Contract.
Any change or modification to this Contract shall be null and void unless made by written amendment to this Contract and signed by a duly authorized officer of each of the parties hereto. 

ARTICLE 16 
 ERROR
AND OMISSIONS 
 Inadvertent delays, errors or omissions made in connection with this Contract or any transaction hereunder shall not
relieve either party from any liability which would have attached had such delay, error or omission not occurred, provided always that such error or omission is rectified as soon as possible after discovery. 

ARTICLE 17 

FEDERAL EXCISE TAX 
  

	1.	The Reinsurer has agreed to allow for the purpose of paying the Federal Excise Tax the applicable percentage of the premium payable hereon (as imposed under
Section 4371 of the Internal Revenue Code) to the extent such premium is subject to the Federal Excise Tax. 

  

	2.	In the event of any return of premium becoming due hereunder, the Reinsurer will deduct the applicable percentage from the return premium payable hereon and the
Reinsured or its agent should take steps to recover the tax from the United States Government. 


  
 



 

			
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 ARTICLE 18 
 GOVERNING LAW 
 This Contract shall be governed by and construed in accordance with
the laws of the State of Florida. 
 ARTICLE 19 
 INSOLVENCY 
  

	1.	If more than one reinsured company is included within the definition of “Reinsured” hereunder, this Article shall apply individually to each such company.


  

	2.	In the event of the insolvency of one or more of the Reinsured’s companies, this reinsurance shall be payable directly to the Reinsured or to its liquidator,
receiver, conservator or statutory successor, with reasonable provision for verification, on the basis of the liability of the Reinsured or on the basis of claims files and allowed in the liquidation proceeding, whichever may be required by
applicable statute, without diminution because of the insolvency of the Reinsured or because the liquidator, receiver, conservator or statutory successor of the Reinsured has failed to pay all or a portion of any claim. It is agreed, however, that
the liquidator, receiver, conservator or statutory successor of the Reinsured shall give written notice to the Reinsurer of the pendency of a claim against the Reinsured indicating the policy or bond reinsured which claim would involve a possible
liability on the part of the Reinsurer within a reasonable time after such claim is filed in the conservation or liquidation proceeding or in the receivership, and that during the pendency of such claim, the Reinsurer may investigate such claim and
interpose, at its own expense, in the proceeding where such claim is to be adjudicated, any defense or defenses that it may deem available to the Reinsured or its liquidator, receiver, conservator or statutory successor. The expense thus incurred by
the Reinsurer shall be chargeable, subject to the approval of the court, against the Reinsured as part of the expense of conservation or liquidation to the extent of a pro rata share of the benefit which may accrue to the Reinsured solely as a
result of the defense undertaken by the Reinsurer. 

  

	3.	Where two or more Reinsurers are involved in the same claim and a majority in interest elect to interpose defense to such claim, the expense shall be apportioned in
accordance with the terms of this Contract as though such expense had been incurred by the Reinsured. 

  

	4.	It is further understood and agreed that, in the event of the insolvency of one or more of the Reinsured’s companies, the reinsurance under this Contract shall be
payable directly by the Reinsurer to the Reinsured or to its liquidator, receiver or statutory successor, except as provided by Section 4118(a) of the New York Insurance Law or except (1) where this Contract specifically provides another
payee or other party as more specifically limited by any statute or regulation applicable hereto, of such reinsurance in the event of the insolvency of the Reinsured or (2) where the Reinsurer with the consent of the direct insured or insureds
has assumed such Policy obligations of the Reinsured as direct obligations of the Reinsurer to the payees under such policies and in substitution for the obligations of the Reinsured to such payees. However, the exceptions provided in (1) and
(2) above shall apply only to the extent that applicable statutes or regulations specifically permit such exceptions. 


  
 



 

			
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 ARTICLE 20 
 LATE PAYMENTS 
  

	1.	The provisions of this Article shall not be implemented unless specifically invoked, in writing, by one of the parties to this Contract. 


 

	2.	In the event any premium, loss or other payment due either party is not received by the payment due date, the party to whom payment is due may require the debtor party
to pay, and the debtor party agrees to pay, an interest penalty on the amount past due calculated for each such payment on the last business day of each month as follows: 


 

	 	a.	The number of full days which have expired since the due date or the last monthly calculation, whichever the lesser; times 


 

	 	b.	0.016%; times 

  

	 	c.	The amount past due, including accrued interest. 

 It is agreed that interest shall accumulate until payment of the original amount due plus interest penalties have been received by the party to whom payment is due. 

 

	3.	If the interest rate provided under this Article exceeds the maximum interest rate allowed by any applicable law or is held unenforceable by an arbitrator or a court of
competent jurisdiction, such interest rate shall be modified to the highest rate permitted by the applicable law, and all remaining provisions of this Article and Contract shall remain in full force and effect without being impaired or invalidated
in any way. 


  
 



 

			
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	4.	The establishment of the due date shall, for purposes of this Article, be determined as follows: 


 

	 	a.	As respects the payment of routine deposits and premiums due the Reinsurer, the due date shall be as provided for in the applicable section of this Contract. In the
event a due date is not specifically stated for a given payment, it shall be deemed due 30 days after the date of transmittal of the initial billing for each such payment. 


 

	 	b.	Any claim or loss payment due the Reinsured hereunder shall be deemed due 30 days after the proof of loss or demand for payment is transmitted to the Reinsurer. If such
loss or claim payment is not received within the 30 days, interest will accrue on the payment amount overdue in accordance with paragraphs (2) and (3) above, from the date the proof of loss or demand for payment was transmitted to the
Reinsurer. 

  

	 	c.	As respects any payment, adjustment or return due either party not otherwise provided for in subparagraphs (a) and (b) of this paragraph, the due date shall
be as provided for in the applicable section of this Contract. In the event a due date is not specifically stated for a given payment, it shall be deemed due 30 days following transmittal of written notification that the provisions of this Article
have been invoked. 

  

	5.	Nothing herein shall be construed as limiting or prohibiting a Reinsurer from contesting the validity of any claim, or from participating in the defense of any claim or
suit, or prohibiting either party from contesting the validity of any payment or from initiating any arbitration or other proceeding in accordance with the provisions of this Contract. If the debtor party prevails in an arbitration or other
proceeding, then any interest penalties due hereunder on the amount in dispute shall be null and void. If the debtor party loses in such proceeding, then the interest penalty on the amount determined to be due hereunder shall be calculated in
accordance with the provisions set forth above unless otherwise determined by such proceedings. If a debtor party advances payment of any amount it is contesting, and proves to be correct in its contestation, either in whole or in part, the other
party shall reimburse the debtor party for any such excess payment made plus interest on the excess amount calculated in accordance with this Article. 

  

	6.	Interest penalties arising out of the application of this Article that are $1,000 or less from any party shall be waived unless there is a pattern of late payments
consisting of three or more items over the course of any 12-month period. 


  
 



 

			
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 ARTICLE 21 
 LIABILITY OF THE REINSURER 
  

	1.	The liability of the Reinsurer shall follow that of the Reinsured in every case and be subject in all respects to all the general and specific stipulations, clauses,
waivers, interpretations and modifications of the Reinsured’s Policies and any endorsements thereon. However, in no event shall this be construed in any way to provide coverage outside the terms and conditions set forth in this Contract.


  

	2.	Nothing herein shall in any manner create any obligations or establish any rights against the Reinsurer in favor of any third party or any persons not parties to this
Contract. 

 ARTICLE 22 
 LOSS NOTICES AND SETTLEMENTS 
  

	1.	Whenever losses sustained by the Reinsured appear likely to result in a claim hereunder, the Reinsured shall notify the Reinsurer, and the Reinsurer shall have the
right to participate in the adjustment of such losses at its own expense. 

  

	2.	All loss settlements made by the Reinsured, provided they are within the terms of this Contract, shall be binding upon the Reinsurer, and the Reinsurer agrees to pay
all amounts for which it may be liable upon receipt of reasonable evidence of the amount paid (or scheduled to be paid within 14 days) by the Reinsured. Notwithstanding the foregoing, and subject to the provisions set forth under paragraph
(2) of the Exclusions Article, should any judicial, regulatory, or legislative entity having legal jurisdiction require that the Reinsured be liable for any amounts that are otherwise outside the terms of the Reinsured’s original Policies,
the Reinsurer agrees that such amounts shall be subject always to the terms and conditions of this Contract. 


  
 



 

			
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 ARTICLE 23 
 NO ASSIGNMENT 
 Neither party shall assign its rights or obligations hereunder to any
other entity, whether or not an affiliate, without the express written consent of the other party, and any purported assignment in violation of this provision shall be deemed to not have occurred for the purposes of this Contract. 

ARTICLE 24 

NON-WAIVER 
 The failure of the
Reinsured or the Reinsurer to insist on compliance with this Contract or to exercise any right or remedy hereunder shall not constitute a waiver of any rights or remedies contained herein nor prevent either party from thereafter demanding full and
complete compliance nor prevent either party from exercising such rights or remedies with respect to similar situations in the future. 
 ARTICLE 25 
 NOTICES AND AGREEMENT EXECUTION 

 

	1.	Whenever a notice, statement, report or any other written communication is required by this Contract, unless otherwise specified, such notice, statement, report or
other written communication may be transmitted by certified or registered mail, nationally or internationally recognized express delivery service, personal delivery, electronic mail, or facsimile. With the exception of notices of termination, first
class mail is also acceptable. 

  

	2.	The use of any of the following shall constitute a valid execution of this Contract or any amendments thereto: 


 

	 	a.	Paper documents with an original ink signature; 

  

	 	b.	Facsimile or electronic copies of paper documents showing an original ink signature; and/or 


 

	 	c.	Electronic records with an electronic signature made via an electronic agent. For the purposes of this Contract, the terms “electronic record”,
“electronic signature” and “electronic agent” shall have the meanings set forth in the Electronic Signatures in Global and National Commerce Act of 2000 or any amendments thereto. 


 

	3.	This Contract may be executed in one or more counterparts, each of which, when duly executed, shall be deemed an original. 


  
 



 

			
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 ARTICLE 26 
 OFFSET 
 The Reinsured and the Reinsurer, each at its option, may offset any balance
or balances, whether on account of premiums, claims and losses, Loss Adjustment Expenses or salvages due from one party to the other under this Contract; provided, however, that in the event of the insolvency of a party hereto, offsets shall only be
allowed in accordance with applicable statutes and regulations. 
 ARTICLE 27 

OTHER REINSURANCE 
 The Reinsured
shall be permitted to carry other reinsurance, recoveries under which shall inure solely to the benefit of the Reinsured and be entirely disregarded in applying all of the provisions of this Contract. 

ARTICLE 28 

SALVAGE AND SUBROGATION 
 The
Reinsurer shall be credited with salvage (i.e., reimbursement obtained or recovery made by the Reinsured, less the actual cost, excluding salaries of officials and employees of the Reinsured and sums paid to attorneys as retainer, of obtaining such
reimbursement or making such recovery) on account of claims and settlements involving reinsurance hereunder. Salvage thereon shall always be used to reimburse the excess carriers in the reverse order of their priority according to their
participation before being used in any way to reimburse the Reinsured for its primary loss. The Reinsured hereby agrees to enforce its rights to salvage or subrogation relating to any loss, a part of which loss was sustained by the Reinsurer, and to
prosecute all claims arising out of such rights if, in the Reinsured’s opinion, it is economically reasonable to do so. 

  
 



 

			
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 ARTICLE 29 
 SERVICE OF SUIT 
 (Applicable if the Reinsurer is not domiciled in the United States
of America, and/or is not authorized in any State, Territory or District of the United States where authorization is required by insurance regulatory authorities.) 
  

	1.	This Article will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in the Arbitration Article. This
Article is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to the Arbitration Article for resolving disputes arising out of this Contract. 


 

	2.	In the event the Reinsurer fails to pay any amount claimed to be due hereunder or fails to otherwise perform its obligations hereunder, the Reinsurer, at the request of
the Reinsured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this Article constitutes or should be understood to constitute a waiver of the Reinsurer’s rights to commence an action in
any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. The
Reinsurer, once the appropriate court is accepted by the Reinsurer or is determined by removal, transfer or otherwise, as provided for above, will comply with all requirements necessary to give said court jurisdiction and, in any suit instituted
against any of the Reinsurers upon this Contract, will abide by the final decision of such court or of any Appellate Court in the event of an appeal. 

  

	3.	Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Reinsurer hereby designates the Office of
the General Counsel, Berkshire Hathaway Insurance Group, 100 First Stamford Place, Suite 200, Stamford CT 06902, upon whom service of process may be served by any lawful process in any action, suit or proceeding instituted by or on behalf of the
Reinsured or any beneficiary hereunder arising out of this Contract. 

 ARTICLE 30 

SEVERABILITY 
 If any provision of
this Contract shall be rendered illegal or unenforceable by the laws, regulations or public policy of any state, such provision shall be considered void in such state, but this shall not affect the validity or enforceability of any other provision
of this Contract or the enforceability of such provision in any other jurisdiction. 

  
 



 

			
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 ARTICLE 31 
 TAXES 
 In consideration of the terms under which this Contract is issued, the
Reinsured will not claim a deduction in respect of the premium hereon when making tax returns, other than income or profits tax returns, to any state or territory of the United States of America of the District of Columbia. 

ARTICLE 32 
 THIRD
PARTY RIGHTS 
 This Contract is solely between the Reinsured and the Reinsurer, and in no instance shall any other party have any rights
under this Contract except as expressly provided otherwise in the Insolvency Article. 
 ARTICLE 33 

INTERMEDIARY 
 Advocate
Reinsurance Partners, LLC, is hereby recognized as the Intermediary negotiating this Contract for all business hereunder. All communications (including but not limited to notices, reports and statements) relating to this Contract will be transmitted
to the Reinsured or the Reinsurer through Advocate Reinsurance Partners, LLC, 2501 North Harwood Street, Suite 1250, Dallas, Texas 75201. Notwithstanding the foregoing, all payments (including but not limited to premium, return premium, commissions,
taxes, losses, Loss Adjustment Expense, salvages and loss settlements) under this Contract shall be made directly between the Reinsured and the Reinsurer. 

  
 



 

			
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 NUCLEAR INCIDENT EXCLUSION CLAUSE - PHYSICAL DAMAGE – REINSURANCE U.S.A.

  

	1.	This Reinsurance does not cover any loss or liability accruing to the Reinsured, directly or indirectly, and whether as Insurer or Reinsurer, from any Pool of Insurers
or Reinsurers formed for the purpose of covering Atomic or Nuclear Energy risks. 

  

	2.	Without in any way restricting the operation of paragraph (1) of this clause, this Reinsurance does not cover any loss or liability accruing to the Reinsured,
directly or indirectly and whether as Insurer or Reinsurer, from any insurance against Physical Damage (including business interruption or consequential loss arising out of such Physical Damage) to: 


 

	 	I.	Nuclear reactor power plants including all auxiliary property on the site, or 


 

	 	II.	Any other nuclear reactor installation, including laboratories handling radioactive materials in connection with reactor installations, and “critical
facilities” as such, or 

  

	 	III.	Installations for fabricating complete fuel elements or for processing substantial quantities of “special nuclear material”, and for reprocessing, salvaging,
chemically separating, storing or disposing of “spent” nuclear fuel or waste materials, or 

  

	 	IV.	Installations other than those listed in paragraph (2) III above using substantial quantities of radioactive isotopes or other products of nuclear fission.


  

	3.	Without in any way restricting the operations of paragraphs (1) and (2) hereof, this Reinsurance does not cover any loss or liability by radioactive
contamination accruing to the Reinsured, directly or indirectly, and whether as Insurer or Reinsurer, from any insurance on property which is on the same site as a nuclear reactor power plant or other nuclear installation and which normally would be
insured therewith except that this paragraph (3) shall not operate 

  

	 	(a)	where Reinsured does not have knowledge of such nuclear reactor power plant or nuclear installation, or 


 

	 	(b)	where said insurance contains a provision excluding coverage for damage to property caused by or resulting from radioactive contamination, however caused. However on
and after 1st January 1960 this sub-paragraph (b) shall only apply provided the said radioactive contamination exclusion provision has been approved by the Governmental Authority having jurisdiction thereof. 


  
 



 

			
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	4.	Without in any way restricting the operations of paragraphs (1), (2) and (3) hereof, this Reinsurance does not cover any loss or liability by radioactive
contamination accruing to the Reinsured, directly or indirectly, and whether as Insurer or Reinsurer, when such radioactive contamination is a named hazard specifically insured against. 


 

	5.	It is understood and agreed that this clause shall not extend to risks using radioactive isotopes in any form where the nuclear exposure is not considered by the
Reinsured to be the primary hazard. 

  

	6.	The term “special nuclear material” shall have the meaning given it in the Atomic Energy Act of 1954 or by any law amendatory thereof.


  

	7.	Reinsured to be sole judge of what constitutes: 

  

	 	(a)	substantial quantities, and 

  

	 	(b)	the extent of installation, plant or site. 


Note: Without in any way restricting the operation of paragraph (1) hereof, it is understood and agreed that 

 

	 	(a)	all Policies issued by the Reinsured on or before 31st December 1957 shall be free from the application of the other provisions of this Clause until expiry date or
31st December 1960 whichever first occurs whereupon all the provisions of this Clause shall apply. 

  

	 	(b)	with respect to any risk located in Canada Policies issued by the Reinsured on or before 31st December 1958 shall be free from the application of the other
provisions of this Clause until expiry date or 31st December 1960 whichever first occurs whereupon all the provisions of this Clause shall apply. 


  
 



 

			
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 SANCTION LIMITATION AND EXCLUSION CLAUSE 

No reinsurer shall be deemed to provide cover and no reinsurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the
provision of such cover, payment of such claim or provision of such benefit would expose that reinsurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulation of the
European Union, United Kingdom or United States of America. 

  
 



 

			
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