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mediation shall be administered by the American Arbitration Association in accordance with its then-prevailing
Commercial Arbitration Rules and Mediation Procedures. The seat of the arbitration shall be New York, New
York, in the United States of America.
2. The arbitration shall be conducted by three arbitrators. The claimant initiating the arbitration shall appoint an
arbitrator in its written request for arbitration. The respondent shall appoint an arbitrator and so notify the
claimant in writing within forty-five (45) days of its receipt of the request for arbitration. The first two
arbitrators appointed in accordance with this provision shall appoint a third arbitrator within forty-five (45) days
after the respondent has notified the claimant of the appointment of its arbitrator. The third arbitrator shall
serve as chairperson of the arbitration.
3. The arbitral award shall be in writing, state the reasons for the award, and be final and binding on the parties.
Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over
the relevant party or asset. In no event shall we be liable under this Policy for payment of any award issued
by the arbitration panel for an amount exceeding the Each Loss Limit of Liability. By entering into this
agreement to arbitrate, the parties expressly waive any claim for punitive, exemplary, extra-contractual or any
similar damages. The only damages recoverable under this agreement are compensatory damages.
H. FALSE OR FRAUDULENT STATEMENTS, REPORT OR CLAIMS CONCEALMENT
If you make any material statement, report, or claim known to be false or fraudulent, or if you knowingly conceal
any material fact, including but not limited to in the Application, we may, at our option, cancel or void this Policy
ab initio. All claims amounts paid plus interest shall be returned to us by you upon demand. We will return any
premium you paid for the Policy. The conditions contained in Subsection IV.H. represent the sole reasons for
which we may void this Policy.
I. INSPECTION AND AUDIT
We shall be permitted but not obligated to inspect, sample, and monitor your property or operations, examine or
require to be produced copies of any corporate records or books, internal documents and correspondence,
letters, or other documentation or records, in whatever form and wherever situated. We will treat as confidential
your proprietary information that you provide to us as part of an inspection or audit. At our request, you must take
any and all reasonable steps to obtain such information in the possession of others relating to or connected with
this Policy or any Loss. This section shall not apply to information that you or we have been required by a court
order, regulatory body or federal or state agency to provide restricted access.
J. LIMITS OF INSURANCE
1. The Limits of Insurance as set forth in the Declarations and the rules below determine the most we will pay
regardless of the number of:
a. Insured(s);
b. Subcontractor(s);
c. Contract(s);
d. Projects;
e. Claims or suits brought; or
f. Persons or organizations making claims or bringing suits.
2. The Aggregate Limit of Insurance as set forth in the Declarations is the most we will pay for the sum of all
Loss(es) in excess of Each Loss Retention Amount and Co-payment Amount or Maintenance Retention
Amount, if any, and subject to the Retention Aggregate Amount from all Defaults with respect to all
Contracts.
Once the Aggregate Limit of Insurance in any Policy Period has been completely eroded, we shall have no
further obligation to indemnify you for Loss(es).
3. Subject to Subsection IV.J.2 above, the Each Loss Limit of Insurance as set forth in the Declarations is the
most we will pay for any one Loss in excess of the Each Loss Retention Amount and Co-payment Amount or
Maintenance Retention Amount, if any, and subject to the Retention Aggregate Amount.
U-SGD-100-B CW (04/16)
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