Exhibit 10.72
POLICY NUMBER: 405-90-74
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A Member Company
of American International
Group, Inc.
AMERICAN INTERNATIONAL
SPECIALTY LINES INSURANCE COMPANY
A Capital Stock Insurance Company
70 Pine Street
New York, NY 10270
NEW YORK NOTICE:
THIS INSURANCE POLICY IS WRITTEN BY AN INSURER NOT LICENSED BY THE STATE OF NEW
YORK, NOT SUBJECT TO ITS SUPERVISION, AND NOT PROTECTED, IN THE EVENT OF THE
INSOLVENCY OF THE INSURER, BY THE NEW YORK STATE SECURITY FUNDS.
THE POLICY MAY
NOT BE SUBJECT TO ALL OF THE REGULATIONS OF THE INSURANCE DEPARTMENT PERTAINING
TO POLICY FORMS.
CALIFORNIA NOTICE:
1.
THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER
THAT IS NOT LICENSED IN THE STATE OF CALIFORNIA.
THESE INSURERS ARE CALLED
"NON-ADMITTED" OR "SURPLUS LINE" INSURERS.
2.
THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND
ENFORCEMENT WHICH APPLIES TO CALIFORNIA LICENSED INSURERS.
3.
THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS
CREATED BY CALIFORNIA LAW.
THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR
PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE
PAYMENTS AS PROMISED.
4.
CALIFORNIA MAINTAINS A LIST OF ELIGIBLE SURPLUS LINE INSURERS APPROVED BY
THE INSURANCE COMMISSIONER.
ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT
LIST.
5.
FOR ADDITIONAL INFORMATION ABOUT THE INSURER YOU SHOULD ASK QUESTIONS OF
YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA
DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE NUMBER: 800-927-4357.
1
SPECIFIC LITIGATION PROTECTION AGREEMENT
DECLARATIONS
ITEM 1.
NAMED CORPORATION:
Liberate Technologies
MAILING ADDRESS:
2 Circle Star Way
San Carlos, CA 94070
Attn.: General Counsel
STATE OF INCORPORATION OF
THE NAMED CORPORATION:
Delaware
ITEM 2.
POLICY PERIOD:
Effective Date: August 29, 2003, unless Premium remains unpaid on that date
Expiration Date: Upon Settlement or Final Adjudication of all Actions
ITEM 3.
RETENTION:
See Clause 5
ITEM 4.
LIMIT OF LIABILITY:
See Clause 5
ITEM 5.
PREMIUM:
See Clause 4
ITEM 6.
NAME AND ADDRESS OF INSURER ("Insurer"):
(This Agreement is issued only by the insurance company indicated below.)
American International Specialty Lines Insurance Company
c/o Loss Mitigation Unit
175 Water Street, 10th Floor
New York, New York 10038
2
IN WITNESS WHEREOF, the Insurer has caused this Agreement to be signed on the
Declarations Page, by a duly authorized representative of the Insurer.
John A. Rudolf
AUTHORIZED REPRESENTATIVE
3
SPECIFIC LITIGATION PROTECTION AGREEMENT
This Specific Litigation Protection Agreement ("Agreement") (all other
capitalized terms are as defined hereafter or in the Declarations) is made and
entered into as of the date of execution of this Agreement by the Insurer.
WHEREAS, the Insureds desire to protect themselves against certain possible Loss
that may result from Defense Costs, Settlement, or Final Adjudication of the
Actions.
NOW, THEREFORE, in consideration of the insurance coverage set forth in Clause 1
and the other terms and provisions of this Agreement, including but not limited
to the payment of Premium required by Clause 4, and