Common use of Misunderstandings and Oversights Clause in Contracts

Misunderstandings and Oversights. If any failure to pay amounts due or -------------------------------- to perform any other act required by this Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The first party discovering such misunderstanding or oversight, or an act resulting from such misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within twenty (20) Business Days of such other party's receipt of such notice. However, this section shall not be construed as a waiver by either party of its rights to enforce strictly the terms of this Agreement.

Appears in 2 contracts

Sources: Indemnity Retrocession Agreement (Metlife Investors Variable Annuity Account One), Indemnity Retrocession Agreement (Metlife of Ct Separate Account Eleven for Variable Annuities)

Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or -------------------------------- to perform any other act required by this Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first party discovering such misunderstanding or oversight, or an act resulting from such misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within twenty (20) Business Days of such other party's ’s receipt of such notice. However, this section Section 18.06 shall not be construed as a waiver by either party of its rights right to enforce strictly the terms of this Agreement.

Appears in 1 contract

Sources: Coinsurance Agreement (Jnlny Separate Account I)

Misunderstandings and Oversights. If any delay, omission, error or failure to pay amounts due or -------------------------------- to perform any other act required by this Agreement is unintentional and caused by misunderstanding or oversight, the Company and the Reinsurer will adjust the situation to what it would have been had the misunderstanding or oversight not occurred. The party first party discovering such misunderstanding or oversight, or an act resulting from such misunderstanding or oversight, will notify the other party in writing promptly upon discovery thereof, and the parties shall act to correct such misunderstanding or oversight within twenty (20) Business Days of such other party's receipt of such notice. However, this section Section shall not be construed as a waiver by either party of its rights right to enforce strictly the terms of this Agreement.

Appears in 1 contract

Sources: Coinsurance Agreement (Coventry Health Care Inc)