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.. '•ian. -'J9' U liFRI l 16:46 FRG:\TIcR TEL: dd~"9d'9 ~fi p, pp~ <br />_ JAN-05-?001 FR 110 36 Atl FAX N0. P. 05 <br />through data of receipt of payment by Reinsures at the <br />rate of 3 month U.S. Treasury Sewrroes in effect as of <br />June 30, 2000, less any sums paid in respect of such <br />business from July 1, 2000 through date of receipt of <br />payment by Reinsures, plus premium coined after <br />September 30, 2000 on all bonds (net of external <br />acquisition costs), which shall be in addition to the <br />premium referenced above and paid to the Reinsures <br />as earned, on a quarterly basis. <br />For Frontier <br />Pacific: the sum of $6,089,799, payable as of October 1,2000, <br />together with Interest thereon from October 1, 2000 <br />through date of receipt of payment by Reinsures at the <br />rate of 3 month U.S. Treasury Securities In effect as of <br />September 30, 2000, less any sums paid in respect of <br />such business from October 1, 2000 through date o1 <br />receipt of payment by Reinsures, plus premium coined <br />after September 30, 2000 on all bonds (net of extamal <br />acquisition costs}, which shall be in addition to the <br />premium referenced above and paid to the Reinsures <br />as earned, an a quartery basis. <br />It is understood and agreed that, as premium earned after September 30, <br />2000 (net of external acquisition costs) is paid to Reinsures each quarter <br />prospectively as set forth above, the Agreement shall be endorsed to <br />increase the Reinsurers aggregate limit of liabllhy set forth in paragraph 2 <br />above, and the respective sublimits far each Frontier and Frontier Padflc as <br />applicable for each company, on adollar-for-dollar basis for each dollar of <br />earned premium (net of external acquisition costs) actually paid to Reinsures <br />In such quarter. <br />5. With effect from the Effective Date of the Reinsurance Agreement, Article 4, <br />Definitions, section C, Is hereby deleted and replaced with the following: <br />Wherever used in this Reinsurance, the term "Ultimate Net Loss" shall mean <br />the net Ilabiliry of the Reinsured i.e., the liability of the Reinsured less all <br />Reinsurance Recoverables) in respect of Covered UabII>Ues paid on or after <br />the Effective Date, save as othervvise excluded under Article 3. Ultimate Net <br />Loss shall include, but is not limited to, punklve damages, settlements, <br />judgments, arbitration panel awards, claim payments, Allocated Loss <br />Adjustment Expenses, Unallocated Loss Adjustment F~cpenses, <br />Administrative Costs, expenses and fees far determining coverage tinder <br />any Insurance Policy/Relnsurance Convect, and any other fees or expenses <br />Page 4 <br />-: :: <br />~=- <br />~: ~ "_ <br />-` <- .. <br />.,.. - <br />~,T~ <br />_ . <br /> <br />~`~ ;~_ <br />~~>== <br />~= <br />_ ~.~ .a <br />J µ <br />°• _.~~v <br />_.~ . <br /> <br />