FROM DISCOVERY AND
PRODUCTION, AND SHALL NOT BE ADMISSIBLE IN EVIDENCE FOR ANY REASON (WHETHER AS
AN ADMISSION OR OTHERWISE), IN ANY ARBITRAL OR OTHER PROCEEDING FOR THE
RESOLUTION OF THE DISPUTE.
(C) IN CONNECTION WITH ANY DISPUTE, THE PARTIES EXPRESSLY WAIVE
AND FOREGO ANY RIGHT TO (I) PUNITIVE, EXEMPLARY, STATUTORILY-ENHANCED OR SIMILAR
DAMAGES IN EXCESS OF COMPENSATORY DAMAGES, AND (II) TRIAL BY JURY.
(D) THE SPECIFIC PROCEDURES SET FORTH BELOW, INCLUDING BUT NOT
LIMITED TO THE TIME LIMITS REFERENCED THEREIN, MAY BE MODIFIED BY AGREEMENT OF
THE PARTIES IN WRITING.
(E) ALL APPLICABLE STATUTES OF LIMITATIONS AND DEFENSES BASED
UPON THE PASSAGE OF TIME SHALL BE TOLLED WHILE THE PROCEDURES SPECIFIED IN THIS
SCHEDULE A ARE PENDING.
THE PARTIES WILL TAKE SUCH ACTION, IF ANY, REQUIRED TO
EFFECTUATE SUCH TOLLING.
SECTION 2.02
CONSIDERATION BY SENIOR
EXECUTIVES.
IF A DISPUTE IS NOT RESOLVED IN THE NORMAL COURSE OF BUSINESS AT
THE OPERATIONAL LEVEL, THE PARTIES SHALL ATTEMPT IN GOOD FAITH TO RESOLVE ANY
DISPUTE BY NEGOTIATION BETWEEN EXECUTIVES WHO ARE OFFICERS OF THE RESPECTIVE
BUSINESS ENTITIES INVOLVED IN THE DISPUTE.
EITHER PARTY MAY INITIATE THE
EXECUTIVE NEGOTIATION PROCESS BY WRITTEN NOTICE TO THE OTHER.
FIFTEEN (15) DAYS
AFTER DELIVERY OF THE NOTICE, THE RECEIVING PARTY SHALL SUBMIT TO THE OTHER A
WRITTEN RESPONSE. THE NOTICE AND RESPONSE SHALL INCLUDE (I) A STATEMENT OF THE
DISPUTE AND OF EACH PARTY'S POSITION, AND (II) THE NAME AND TITLE OF THE
EXECUTIVE WHO WILL REPRESENT THAT PARTY AND OF ANY OTHER PERSON WHO WILL
ACCOMPANY THE EXECUTIVE. SUCH EXECUTIVES WILL MEET IN PERSON OR BY TELEPHONE
WITHIN THIRTY (30) DAYS OF THE INITIAL NOTICE TO SEEK A RESOLUTION OF THE
DISPUTE.
7
SECTION 2.03
MEDIATION.
IF A DISPUTE IS NOT RESOLVED BY NEGOTIATION AS PROVIDED IN SECTION 2.02 WITHIN
FORTY-FIVE (45) DAYS FROM THE DELIVERY OF THE INITIAL NOTICE, THEN EITHER PARTY
MAY SUBMIT THE DISPUTE FOR RESOLUTION BY MEDIATION PURSUANT TO THE CPR INSTITUTE
FOR DISPUTE RESOLUTION ("CPR") MODEL MEDIATION PROCEDURE AS THEN IN EFFECT. THE
PARTIES WILL SELECT A MEDIATOR FROM THE CPR PANELS OF DISTINGUISHED NEUTRALS,
BUT SUCH MEDIATOR MUST HAVE PRIOR U.S. REINSURANCE EXPERIENCE EITHER AS A LAWYER
OR AS A PRESENT OR FORMER OFFICER OR MANAGEMENT EMPLOYEE OF A REINSURANCE
COMPANY, BUT NOT OF VIKING OR GECC, OR ANY OF THEIR RESPECTIVE AFFILIATES.
EITHER PARTY AT COMMENCEMENT OF THE MEDIATION MAY ASK THE MEDIATOR TO PROVIDE AN
EVALUATION OF THE DISPUTE AND THE PARTIES' RELATIVE POSITIONS.
SECTION 2.04
ARBITRATION.
(A)
IF A DISPUTE IS NOT RESOLVED BY MEDIATION AS PROVIDED IN
SECTION 2.03 WITHIN THIRTY (30) DAYS OF THE SELECTION OF A MEDIATOR (UNLESS THE
MEDIATOR CHOOSES TO WITHDRAW SOONER), EITHER PARTY MAY SUBMIT THE DISPUTE TO BE
FINALLY RESOLVED BY ARBITRATION PURSUANT TO THE CPR RULES FOR NON-ADMINISTERED
ARBITRATION AS THEN IN EFFECT.
THE PARTIES CONSENT TO A SINGLE, CONSOLIDATED
ARBITRATION FOR ALL KNOWN DISPUTES EXISTING AT THE TIME OF THE ARBITRATION AND
FOR WHICH ARBITRATION IS PERMITTED.
(B)
THE NEUTRAL ORGANIZATION FOR PURPOSES OF THE