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Res 2000-130
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Res 2000-130
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7/24/2006 10:25:35 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2000-130
Date
6/26/2000
Volume Book
141
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<br />CHANGES: Notice to any agent or knowledge possessed by any agent or by any other person shall not <br />effect a waiver or a change in any part of this Treaty or stop Us from asserting any right under the terms <br />of this Treaty; nor shall the terms ofthis Treaty be waived or changed, except by amendment issued to <br />form a part of this Treaty. <br /> <br />CANCELLATION: This Treaty may be cancelled by you by mailing written notice to Us stating when. <br />not less than 31 days thereafter, such cancellation shall be effective. This Treaty may be cancelled by <br />Us by mailing to you, at the address shown in this Treaty, written notice stating when, not less than 31 <br />days thereafter, such cancellation shall be effective. The effective date and hour of cancellation shall <br />be determined in accordance with Treaty Year and/or Treaty Month unless otherwise stated in the <br />notice. Delivery of such notice either by you or by Us shall be equivalent to mailing. <br /> <br />If this Treaty is cancelled by you or by Us, applicable earned premiums shall be computed pro rata. <br />Premium adjustment may be made either at the time cancellation is effective or as soon as practical <br />after cancellation becomes effective, but payment or tender of unearned premium is not a condition of <br />cancellation. <br /> <br />INCONTESTABLE CLAUSE: This Treaty, your Plan, the Qualification of the Offer, the <br />Application/Schedule, and any amendments thereto, copies of which are attached and made a part <br />hereof, shall constitute the entire contract between the parties and, except for non-payment of <br />premiums, shall be incontestable two years after the date of issue. All statements made by you shall be <br />deemed representations and not warranties and no such statement shall be used in defense hereunder <br />unless it is contained in a written instrument signed by you. <br /> <br />LEGAL ACTION: No action at law or in equity shall be brought to recover on this Treaty prior to <br />expiration of 60 days after written notice of loss has been furnished in accordance with the <br />requirements of this Treaty. No such action shall be brought after the expiration of 3 years after the <br />time written proof ofloss is required to be furnished. <br /> <br />CONFORMITY WITH STATE STATUTES: Any provision of this Treaty which on its Effective <br />Date, is in conflict with the statutes of the state in which it is issued, is hereby amended to conform to <br />the minimum requirements of such statutes. <br /> <br />REPRESENTATIONS: By acceptance of this reinsurance, you agree that the statements in the <br />Application, the Qualification of the Offer, and your Plan are your agreements and representations. <br />Reinsurance is issued and continued in reliance upon the truth of such representations, which include <br />the underwriting and claim information provided by you or your authorized representative. This Treaty <br />together with the Application, Qualifications of the Offer and the written statements made by YOW' <br />authorized representative constitute the agreement between the parties. If there is a conflict between <br />the provisions of your Plan and this Treaty, this Treaty shall prevail. Should information become <br />known which, if known prior to issuance of this Treaty, would affect the rate(s), attachment point(s) or <br />terms or conditions for reinsurance hereunder, We have the right to revise the rate(s), attachment <br />point{s), or terms or conditions as of the Effective Date of issuance or to terminate this Treaty as of the <br />next premium due date providing written notice to you. <br /> <br />II <br />
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