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r <br />i <br />e <br />~~ <br />(R) ArbifrafionlService of Suit <br />Any controversy or dispute arising out of or relating to an Interpretation or breach of this <br />POLICY, shall be settled by binding arbltratlon In accordance with the Rules of the Ameripn <br />Arbitration Association and Judgment upon the award rendered by the arbitrator(s) may be entered <br />In any court having Jurlsdlctlon thereover. The arbltratlon process shall be governed by and <br />conducted In accordance with the laws of the State of New York. The terms of this POLICY are <br />to be construed In an evenhanded fashion as between the INSURED end the COMPANY In <br />accordance with the laws of the Jurlsdlctlon In which the situation forming the basis for this <br />controversy arose. Where the language of this POLICY is deemed to ba ambiguous or otherwise <br />unclear, the Issue shall be resolved Ina manner most consistent with the relevant terms of the <br />POLICY without regard to authorship of the language and without any presumption or arbitrary <br />Interpretation or construction In favor of either the INSURED or the COMPANY. In reaching any <br />decision the arbitrators shall glue due consideration tar the customs and usages of the Insurance <br />Industry. <br />In the event of a Judgment entered against the COMPANY on an arbltratlon award, the COMPANY <br />at the request of the NAMED INSURED, shall submit to the Jurlsdlctlon of any court of <br />competent Jurlsdlctlon within the United States of America, and shall comply with all requirements <br />necessary to give such court Jurlsdlctlon and all matters relating to such Judgment and Its <br />enforcement shall be determined In accordance with the law end practice of such court. <br />Service of process In such suit ar any other suit against the COMPANY, may be made upon <br />Messrs. LeBoeuf, Lamb, Lelby & MacRae, 520 Madison Avenue, New York, New York 10022, <br />and In any suit Instituted against It under this POLICY, the COMPANY will abide by the final <br />decision of such court or of any appellate court In the event of any appeal. <br />Messrs. LeBoeuf, Lamb, Lelby & MacRae are authorized and directed to accept service of <br />process on behalf of the COMPANY In any such suit and, upon the NAMED INSURED'S request, <br />to glue a written undertaking to the NAMED INSURED that they will enter a general appearance <br />upon the COMPANY'S behalf In the event such suit Is Instituted. <br />(g) Severabi/ify <br />In the event that any provision of this POLICY shall be declared or deemed to be Invalid or <br />unenforceable under any applicable law, such Invalidity or unenforceabllity shall not affect the <br />validity or enforceability of the remaining portion of this POLICY. <br />(7) Non-Asressability <br />The NAMED INSURED (and, accordingly, any INSURED for which It acts as agent) shall only be <br />liable under this POLICY for the premium stated In Item 4 of the Declarations. No INSURED shall <br />be subject to any contingent liability or be required to pay any dues or assessments In addition to <br />the premium described above. <br />IN WITNESS WHEREOF, Associated Electric & Gas Insurance Services Limited has caused this POLICY to be <br />signed by Its Chairman at Hamilton, Bermuda, but this POLICY shall not ba binding upon the COMPANY <br />unless countersigned hereunder by a duly authorized representative of the COMPANY. <br />Robert R. Fortune, Chalrmar <br />8100 (1/90) <br />[ 15 of 15 ] <br />