Common use of Changes to Schedule 2 Clause in Contracts

Changes to Schedule 2. 01A. Schedule 2.01A is intended to be definitive, subject only to the agreed procedures hereunder for altering Schedule 2.01A. If any Policy not included in Schedule 2.01A is determined after the date of execution of this Agreement by agreement of the Parties to be part of the Subject Business, the Schedule shall be amended accordingly to include that Policy and the Parties shall make adjustments to the Funds Withheld Balance, as necessary, to reflect the inclusion of such Policy on the Schedule as if it had been included on the First Closing Date. If any Policy included in Schedule 2.01A is determined after the date of execution and delivery of this Agreement by agreement of the Parties not to be part of the Subject Business, the Schedule shall be amended accordingly to exclude that Policy and the Parties shall make adjustments to the Funds Withheld Balance, as necessary, to reflect the exclusion of such Policy from the Schedule as if it had been excluded on the First Closing Date. In determining whether a Policy has been properly included in or erroneously omitted from Schedule 2.01A, regard shall be given to (1) the rationale set forth in Section 2.03 and (2) the accounting and claims systems maintained by the Retrocedant prior to the First Closing Date, provided, that the accounting and claims systems treatment of a particular Policy shall not be given any weight in making such determination if it can be shown that such treatment was in error at the time of entry of such data onto such systems.

Changes to Schedule 2. 01A. Schedule 2.01A 2.01 A is intended to be definitive, subject only to the agreed procedures hereunder for altering Schedule 2.01A. 2.01 A. If any Policy not included in Schedule 2.01A 2.01 A is determined after the date of execution of this Agreement by agreement of the Parties to be part of the Subject Business, the Schedule shall be amended accordingly to include that Policy and the Parties shall make adjustments to the Canadian Funds Withheld Balance, as necessary, to reflect the inclusion of such Policy on the Schedule as if it had been included on the First Canadian Closing Date. If any Policy included in Schedule 2.01A 2.01 A is determined after the date of execution and delivery of this Agreement by agreement of the Parties not to be part of the Subject Business, the Schedule shall be amended accordingly to exclude that Policy and the Parties shall make adjustments to the Canadian Funds Withheld Balance, as necessary, to reflect the exclusion of such Policy from the Schedule as if it had been excluded on the First Canadian Closing Date. In determining whether a Policy has been properly included in or erroneously omitted from Schedule 2.01A2.01 A, regard shall be given to (1) the rationale set forth in Section 2.03 and (2) the accounting and claims systems maintained by the Retrocedant prior to the First Canadian Closing Date, provided, that the accounting and claims systems treatment of a particular Policy shall not be given any weight in making such determination if it can be shown that such treatment was in error at the time of entry of such data onto such systems.