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5-2 承保範圍及不保事項 - ACE Group

5-2 承保範圍及不保事項 - ACE Group

5-2 承保範圍及不保事項 - ACE Group

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E117 Retention Waiver ClauseBy way of endorsement to the policy, the parties agree as follows (subject otherwise to all other terms,conditions, limits of liability and exclusions of the policy):The Retention will not apply to any Defense Costs or Legal Representation Expenses, if a finaljudgment of no liability is obtained prior or after a trial in favor of all Insured(s) and/or the Company or adismissal or a stipulation to dismiss the claim without prejudice and without payment of any considerationby any Insured(s) and/or the Company.In all other respects this policy remains unaltered.<strong>ACE</strong> elite III Directors & Officers Liability Insurance PolicyE015 Company Deemed To Be A SubsidiaryBy way of endorsement to the policy, the parties agree as follows (subject otherwise to all other terms,conditions, limits of liability and exclusions of the policy):For the purposes of this policy, [insert company name] is deemed to be a subsidiary of the Companyshown in Item 1 of the Schedule with effect from [insert date].In all other respects this policy remains unaltered.<strong>ACE</strong> elite III Directors & Officers Liability Insurance PolicyE061 Order of Payments EndorsementBy way of endorsement to the policy, the parties agree as follows (subject otherwise to all other terms,conditions, limits of liability and exclusions of the policy):If the Insurer is liable to make any payment for Loss arising from a Claim covered by the provisions ofthis policy, then the Insurer shall in all events(i) first, pay Loss for which cover is provided under Insurance Agreements A and C of this policy; then(ii) only after payment of Loss has been made pursuant to paragraph (i) above, with respect to whateverremaining amount of the Limit of Liability shown in Item 3 of the Schedule is available after suchpayment, at the written request of the chief executive officer of the company shown in Item 1 of theSchedule either pay or withhold payment of such other Loss for which cover is provided underInsurance Agreements B and D of this policy; and then(iii) only after payment of Loss has been made pursuant to paragraphs (i) and (ii) above, with respect towhatever remaining amount of the Limit of Liability shown in Item 3 of the Schedule is available aftersuch payment, at the written request of the chief executive officer of the company shown in Item 1 ofthe Schedule, either pay or withhold payment of such other Loss for which cover is provided underany Entity Cover Extension endorsement attached to this policy.In the event the Insurer withholds payment pursuant to paragraphs (ii) or (iii) above, then the Insurer shallat such time and in such manner as shall be set forth in written instructions of the chief executive officer ofthe company shown in Item 1 of the Schedule remit such payment to the Company or directly to or onbehalf of the Insured.The bankruptcy or insolvency of any Company or any Insured shall not relieve the Insurer of any of itsobligations to prioritise payment of covered Loss under this policy pursuant to this endorsement.255

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