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Chubb Group of Insurance Companies |
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DECLARATIONS |
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FINANCIAL INSTITUTION INVESTMENT |
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15 Mountain View Road, Warren, New Jersey 07059 |
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COMPANY ASSET PROTECTION BOND |
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NAME OF ASSURED (including its
Subsidiaries
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Bond Number:
81952296 |
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TORTOISE CAPITAL RESOURCES CORPORATION |
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FEDERAL INSURANCE COMPANY |
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10801 MASTIN BOULEVARD SUITE 222 |
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Incorporated under the laws of Indiana |
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OVERLAND PARK, KAN 66210 |
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a stock insurance company herein called the COMPANY |
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Capital Center, 251 North Illinois, Suite 1100 |
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Indianapolis, IN 46204-1927 |
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ITEM 1. |
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BOND PERIOD: |
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from |
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12:01 a.m. on |
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February 25, 2007 |
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to |
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12:01 a.m. on |
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February 25, 2008 |
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ITEM 2. |
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LIMITS OF LIABILITY--DEDUCTIBLE AMOUNTS: |
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If Not Covered is inserted below opposite any specified INSURING CLAUSE, such INSURING CLAUSE and |
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any other reference shall be deemed to be deleted.
There shall be no deductible applicable to any loss |
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under INSURING CLAUSE 1. sustained by any Investment Company. |
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DEDUCTIBLE |
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INSURING CLAUSE |
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LIMIT OF LIABILITY |
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AMOUNT |
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1. |
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Employee |
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$
600,000 |
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$
10,000 |
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2. |
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On Premises |
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$
600,000 |
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$
10,000 |
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3. |
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In Transit |
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$
600,000 |
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$
10,000 |
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4. |
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Forgery or Alteration |
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$
600,000 |
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$
10,000 |
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5. |
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Extended Forgery |
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$
600,000 |
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$
10,000 |
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6. |
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Counterfeit Money |
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$
600,000 |
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$
10,000 |
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7. |
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Threats to Person |
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$
Not Covered |
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$
N/A |
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8. |
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Computer System |
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$
600,000 |
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$
10,000 |
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9. |
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Voice Initiated Funds Transfer Instruction |
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$
600,000 |
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$
10,000 |
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10. |
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Uncollectible Items of Deposit |
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$
600,000 |
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$
10,000 |
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11. |
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Audit Expense |
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$
25,000 |
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$
10,000 |
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ITEM 3. |
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THE LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING |
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ENDORSEMENTS EXECUTED SIMULTANEOUSLY HEREWITH: |
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1,2,3 |
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IN WITNESS WHEREOF, THE COMPANY
has caused this Bond to be signed by its authorized officers, but it shall not be |
valid unless also signed by an authorized representative of the Company. |
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The COMPANY, in consideration of payment of the required premium, and in reliance |
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on the APPLICATION and all other statements made and information furnished to the |
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COMPANY by the ASSURED, and subject to the DECLARATIONS made a part of this |
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Bond and to all other terms and conditions of this Bond, agrees to pay the ASSURED |
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for: |
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Insuring Clauses |
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Employee |
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1. |
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Loss resulting directly from
Larceny
or
Embezzlement
committed by any |
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Employee
, alone or in collusion with others. |
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On Premises |
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2. |
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Loss of
Property
resulting directly from robbery,
burglary, false pretenses, |
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common law or statutory larceny, misplacement, mysterious unexplainable |
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disappearance, damage, destruction or removal, from the possession, custody or |
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control of the ASSURED, while such
Property
is lodged or
deposited at premises |
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located anywhere. |
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In Transit |
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3. |
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Loss of
Property
resulting directly from common law or
statutory larceny, |
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misplacement, mysterious unexplainable disappearance, damage or destruction, |
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while the
Property
is in transit anywhere: |
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a. |
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in an armored motor vehicle, including loading and unloading thereof, |
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b. |
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in the custody of a natural person acting as a messenger of the ASSURED, |
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or |
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c. |
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in the custody of a
Transportation Company
and being
transported in a |
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conveyance other than an armored motor vehicle provided, however, that |
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covered
Property
transported in such manner is limited to
the following: |
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(1) |
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written records, |
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(2) |
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securities issued in registered form, which are not endorsed or are |
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restrictively endorsed, or |
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(3) |
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negotiable instruments not payable to bearer, which are not endorsed |
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or are restrictively endorsed. |
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Coverage under this INSURING CLAUSE begins immediately on the receipt of |
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such
Property
by the natural person or
Transportation Company
and ends |
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immediately on delivery to the premises of the addressee or to any representative |
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of the addressee located anywhere. |
Insuring Clauses |
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(continued) |
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Forgery Or Alteration |
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4. |
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Loss resulting directly from: |
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a. |
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Forgery
on, or fraudulent material alteration of, any bills of exchange, |
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checks, drafts, acceptances, certificates of deposits, promissory notes, due |
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bills, money orders, orders upon public treasuries, letters of credit, other |
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written promises, orders or directions to pay sums certain in money, or |
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receipts for the withdrawal of
Property
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b. |
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transferring, paying or delivering any funds or other
Property
, or establishing |
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any credit or giving any value in reliance on any written instructions, advices |
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or applications directed to the ASSURED authorizing or acknowledging the |
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transfer, payment, delivery or receipt of funds or other
Property
, which |
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instructions, advices or applications fraudulently purport to bear the |
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handwritten signature of any customer of the ASSURED, or shareholder or |
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subscriber to shares of an
Investment Company
, or of any
financial |
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institution or
Employee
but which instructions, advices or
applications either |
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bear a
Forgery
or have been fraudulently materially
altered without the |
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knowledge and consent of such customer, shareholder, subscriber, financial |
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institution or
Employee
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excluding, however, under this INSURING CLAUSE any loss covered under |
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INSURING CLAUSE 5. of this Bond, whether or not coverage for INSURING |
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CLAUSE 5. is provided for in the DECLARATIONS of this Bond. |
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For the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile |
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signature is treated the same as a handwritten signature. |
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Extended Forgery |
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5. |
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Loss resulting directly from the ASSURED having, in good faith, and in the |
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ordinary course of business, for its own account or the account of others in any |
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capacity: |
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a. |
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acquired, accepted or received, accepted or received, sold or delivered, or |
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given value, extended credit or assumed liability, in reliance on any original |
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Securities, documents or other written instruments
which prove to: |
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(1) |
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bear a
Forgery
or a fraudulently material
alteration, |
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(2) |
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have been lost or stolen, or |
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(3) |
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be
Counterfeit
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b. |
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guaranteed in writing or witnessed any signatures on any transfer, |
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assignment, bill of sale, power of attorney, guarantee, endorsement or other |
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obligation upon or in connection with any
Securities, documents or other |
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written instruments
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Actual physical possession, and continued actual physical possession if taken as |
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collateral, of such
Securities, documents or other written instruments
by an |
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Employee, Custodian
, or a Federal or State chartered deposit institution of the |
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ASSURED is a condition precedent to the ASSURED having relied on such items. |
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Release or return of such collateral is an acknowledgment by the ASSURED that it |
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no longer relies on such collateral. |
Insuring Clauses |
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Extended Forgery |
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For the purpose of this INSURING CLAUSE, a mechanically reproduced facsimile |
(continued) |
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signature is treated the same as a handwritten signature. |
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Counterfeit Money |
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6. |
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Loss resulting directly from the receipt by the ASSURED in good faith of any |
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Counterfeit
money. |
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Threats To Person |
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7. |
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Loss resulting directly from surrender of
Property
away
from an office of the |
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ASSURED as a result of a threat communicated to the ASSURED to do bodily |
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harm to an
Employee
as defined in Section 1.e. (1), (2)
and (5), a
Relative
or |
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invitee of such
Employee
, or a resident of the household
of such
Employee
, who |
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is, or allegedly is, being held captive provided, however, that prior to the surrender |
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of such
Property
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a. |
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the
Employee
who receives the threat has made a reasonable
effort to |
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notify an officer of the ASSURED who is not involved in such threat, and |
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b. |
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the ASSURED has made a reasonable effort to notify the Federal Bureau of |
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Investigation and local law enforcement authorities concerning such threat. |
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It is agreed that for purposes of this INSURING CLAUSE, any
Employee
of the |
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ASSURED, as set forth in the preceding paragraph, shall be deemed to be an |
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ASSURED hereunder, but only with respect to the surrender of money, securities |
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and other tangible personal property in which such
Employee
has a legal or |
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equitable interest. |
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Computer System |
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8. |
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Loss resulting directly from fraudulent: |
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a. |
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entries of data into, or |
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b. |
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changes of data elements or programs within, |
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a
Computer System
, provided the fraudulent entry or change
causes: |
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(1) |
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funds or other property to be transferred, paid or delivered, |
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(2) |
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an account of the ASSURED or of its customer to be added, deleted, |
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debited or credited, or |
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(3) |
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an unauthorized account or a fictitious account to be debited or |
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credited. |
Insuring Clauses |
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(continued) |
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Voice Initiated Funds |
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9. |
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Loss resulting directly from
Voice Initiated Funds Transfer Instruction
directed |
Transfer Instruction |
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to the ASSURED authorizing the transfer of dividends or redemption proceeds of |
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Investment Company
shares from a
Customer's
account, provided such
Voice |
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Initiated Funds Transfer Instruction
was: |
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a. |
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received at the ASSURED'S offices by those
Employees
of
the ASSURED |
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specifically authorized to receive the
Voice Initiated Funds Transfer |
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Instruction
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b. |
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made by a person purporting to be a
Customer
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and |
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c. |
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made by said person for the purpose of causing the ASSURED or
Customer |
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to sustain a loss or making an improper personal financial gain for such |
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person or any other person. |
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In order for coverage to apply under this INSURING CLAUSE, all
Voice Initiated |
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Funds Transfer Instructions
must be received and processed in accordance with |
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the Designated Procedures outlined in the APPLICATION furnished to the |
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COMPANY. |
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Uncollectible Items of |
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10. |
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Loss resulting directly from the ASSURED having credited an account of a |
Deposit |
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customer, shareholder or subscriber on the faith of any
Items of Deposit
which |
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prove to be uncollectible, provided that the crediting of such account causes: |
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a. |
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redemptions or withdrawals to be permitted, |
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b. |
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shares to be issued, or |
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c. |
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dividends to be paid, |
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from an account of an
Investment Company
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In order for coverage to apply under this INSURING CLAUSE, the ASSURED must |
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hold
Items of Deposit
for the minimum number of days
stated in the |
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APPLICATION before permitting any redemptions or withdrawals, issuing any |
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shares or paying any dividends with respect to such
Items of Deposit
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Items of Deposit
shall not be deemed uncollectible until the ASSURED'S |
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standard collection procedures have failed. |
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Audit Expense |
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11. |
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Expense incurred by the ASSURED for that part of the cost of audits or |
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examinations required by any governmental regulatory authority or self-regulatory |
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organization to be conducted by such authority, organization or their appointee by |
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reason of the discovery of loss sustained by the ASSURED and covered by this |
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Bond. |
General Agreements |
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Additional Companies |
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A. |
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If more than one corporation, or
Investment Company
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any combination of |
Included As Assured |
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them is included as the ASSURED herein: |
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(1) |
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The total liability of the COMPANY under this Bond for loss or losses |
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sustained by any one or more or all of them shall not exceed the limit for |
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which the COMPANY would be liable under this Bond if all such loss were |
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sustained by any one of them. |
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(2) |
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Only the first named ASSURED shall be deemed to be the sole agent of the |
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others for all purposes under this Bond, including but not limited to the giving |
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or receiving of any notice or proof required to be given and for the purpose of |
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effecting or accepting any amendments to or termination of this Bond. The |
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COMPANY shall furnish each
Investment Company
with a copy
of the |
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Bond and with any amendment thereto, together with a copy of each formal |
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filing of claim by any other named ASSURED and notification of the terms of |
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the settlement of each such claim prior to the execution of such settlement. |
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(3) |
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The COMPANY shall not be responsible for the proper application of any |
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payment made hereunder to the first named ASSURED. |
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(4) |
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Knowledge possessed or discovery made by any partner, director, trustee, |
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officer or supervisory employee of any ASSURED shall constitute knowledge |
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or discovery by all the ASSUREDS for the purposes of this Bond. |
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(5) |
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If the first named ASSURED ceases for any reason to be covered under this |
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Bond, then the ASSURED next named on the APPLICATION shall thereafter |
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be considered as the first named ASSURED for the purposes of this Bond. |
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Representation Made By |
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B. |
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The ASSURED represents that all information it has furnished in the |
Assured |
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APPLICATION for this Bond or otherwise is complete, true and correct. Such |
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APPLICATION and other information constitute part of this Bond. |
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The ASSURED must promptly notify the COMPANY of any change in any fact or |
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circumstance which materially affects the risk assumed by the COMPANY under |
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this Bond. |
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Any intentional misrepresentation, omission, concealment or incorrect statement of |
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a material fact, in the APPLICATION or otherwise, shall be grounds for recision of |
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this Bond. |
General Agreements |
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(continued) |
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Additional Offices Or |
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C. |
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If the ASSURED, other than an
Investment Company
, while
this Bond is in force, |
Employees - Consolidation, |
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merges or consolidates with, or purchases or acquires assets or liabilities of |
Merger Or Purchase Or |
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another institution, the ASSURED shall not have the coverage afforded under this |
Acquisition Of Assets |
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Bond for loss which has: |
OrLiabilities - Notice To |
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(1) |
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occurred or will occur on premises, or |
Company |
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(2) |
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been caused or will be caused by an employee, or |
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(3) |
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arisen or will arise out of the assets or liabilities, |
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of such institution, unless the ASSURED: |
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a. |
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gives the COMPANY written notice of the proposed consolidation, merger or |
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purchase or acquisition of assets or liabilities prior to the proposed effective |
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date of such action, and |
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b. |
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obtains the written consent of the COMPANY to extend some or all of the |
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coverage provided by this Bond to such additional exposure, and |
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c. |
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on obtaining such consent, pays to the COMPANY an additional premium. |
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Change Of Control - |
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D. |
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When the ASSURED learns of a change in control (other than in an
Investment |
Notice To Company |
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Company
), as set forth in Section 2(a) (9) of the Investment Company Act of |
|
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|
|
1940, |
|
the ASSURED shall within sixty (60) days give written notice to the |
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|
COMPANY setting forth: |
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|
|
(1) |
|
the names of the transferors and transferees (or the names of the beneficial |
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|
|
owners if the voting securities are registered in another name), |
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|
(2) |
|
the total number of voting securities owned by the transferors and the |
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|
transferees (or the beneficial owners), both immediately before and after the |
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|
transfer, and |
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|
(3) |
|
the total number of outstanding voting securities. |
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|
Failure to give the required notice shall result in termination of coverage for any |
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|
|
loss involving a transferee, to be effective on the date of such change in control. |
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|
Court Costs And |
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E. |
|
The COMPANY will indemnify the ASSURED for court costs and reasonable |
Attorneys Fees |
|
|
|
attorneys' fees incurred and paid by the ASSURED in defense, whether or not |
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|
successful, whether or not fully litigated on the merits and whether or not settled, |
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|
of any claim, suit or legal proceeding with respect to which the ASSURED would |
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|
be entitled to recovery under this Bond. However, with respect to INSURING |
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|
|
CLAUSE 1., this Section shall only apply in the event that: |
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|
|
(1) |
|
an
Employee
admits to being guilty of
Larceny or Embezzlement
, |
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|
|
(2) |
|
an
Employee
is adjudicated to be guilty of
Larceny or Embezzlement
, or |
General Agreements |
|
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|
|
|
Court Costs And |
|
(3) |
|
in the absence of 1 or 2 above, an arbitration panel agrees, after a review of |
Attorneys Fees |
|
|
|
an agreed statement of facts between the COMPANY and the ASSURED, |
(continued) |
|
|
|
that an
Employee
would be found guilty of
Larceny or Embezzlement
if |
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|
|
such
Employee
were prosecuted. |
|
|
|
The ASSURED shall promptly give notice to the COMPANY of any such suit or |
|
|
legal proceeding and at the request of the COMPANY shall furnish copies of all |
|
|
pleadings and pertinent papers to the COMPANY. The COMPANY may, at its |
|
|
sole option, elect to conduct the defense of all or part of such legal proceeding. |
|
|
The defense by the COMPANY shall be in the name of the ASSURED through |
|
|
attorneys selected by the COMPANY. The ASSURED shall provide all reasonable |
|
|
information and assistance as required by the COMPANY for such defense. |
|
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|
If the COMPANY declines to defend the ASSURED, no settlement without the |
|
|
prior written consent of the COMPANY nor judgment against the ASSURED shall |
|
|
determine the existence, extent or amount of coverage under this Bond. |
|
|
|
If the amount demanded in any such suit or legal proceeding is within the |
|
|
DEDUCTIBLE AMOUNT, if any, the COMPANY shall have no liability for court |
|
|
costs and attorney's fees incurred in defending all or part of such suit or legal |
|
|
proceeding. |
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|
|
If the amount demanded in any such suit or legal proceeding is in excess of the |
|
|
LIMIT OF LIABILITY stated in ITEM 2. of the DECLARATIONS for the applicable |
|
|
INSURING CLAUSE, the COMPANY'S liability for court costs and attorney's fees |
|
|
incurred in defending all or part of such suit or legal proceedings is limited to the |
|
|
proportion of such court costs and attorney's fees incurred that the LIMIT OF |
|
|
LIABILITY stated in ITEM 2. of the DECLARATIONS for the applicable INSURING |
|
|
CLAUSE bears to the total of the amount demanded in such suit or legal |
|
|
proceeding. |
|
|
|
If the amount demanded is any such suit or legal proceeding is in excess of the |
|
|
DEDUCTIBLE AMOUNT, if any, but within the LIMIT OF LIABILITY stated in ITEM |
|
|
2. |
|
of the DECLARATIONS for the applicable INSURING CLAUSE, the |
|
|
COMPANY'S liability for court costs and attorney's fees incurred in defending all or |
|
|
part of such suit or legal proceedings shall be limited to the proportion of such |
|
|
court costs or attorney's fees that the amount demanded that would be payable |
|
|
under this Bond after application of the DEDUCTIBLE AMOUNT, bears to the total |
|
|
amount demanded. |
|
|
|
Amounts paid by the COMPANY for court costs and attorneys' fees shall be in |
|
|
addition to the LIMIT OF LIABILITY stated in ITEM 2. of the DECLARATIONS. |
Conditions And |
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|
|
|
Limitations |
|
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|
|
|
Definitions |
|
1. |
|
As used in this Bond: |
|
|
|
|
a. |
|
Computer System
means a computer and all input, output, processing, |
|
|
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|
|
|
storage, off-line media libraries, and communication facilities which are |
|
|
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|
connected to the computer and which are under the control and supervision |
|
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|
|
of the operating system(s) or application(s) software used by the ASSURED. |
|
|
|
|
|
b. |
|
Counterfeit
means an imitation of an actual valid original which is intended |
|
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|
|
to deceive and be taken as the original. |
|
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|
|
|
c. |
|
Custodian
means the institution designated by an
Investment Company
to |
|
|
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|
|
maintain possession and control of its assets. |
|
|
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|
|
d. |
|
Customer
means an individual, corporate, partnership, trust customer, |
|
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|
|
|
shareholder or subscriber of an
Investment Company
which
has a written |
|
|
|
|
|
|
agreement with the ASSURED for
Voice Initiated Funds Transfer |
|
|
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|
|
|
Instruction
. |
|
|
|
|
|
e. |
|
Employee
means: |
|
|
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|
|
|
(1) |
|
an officer of the ASSURED, |
|
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|
(2) |
|
a natural person while in the regular service of the ASSURED at any of |
|
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|
|
|
the ASSURED'S premises and compensated directly by the ASSURED |
|
|
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|
|
|
through its payroll system and subject to the United States Internal |
|
|
|
|
|
|
|
|
Revenue Service Form W-2 or equivalent income reporting plans of |
|
|
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|
|
|
|
|
other countries, and whom the ASSURED has the right to control and |
|
|
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|
|
|
direct both as to the result to be accomplished and details and means |
|
|
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|
|
|
by which such result is accomplished in the performance of such |
|
|
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|
|
|
service, |
|
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|
|
(3) |
|
a guest student pursuing studies or performing duties in any of the |
|
|
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|
|
ASSURED'S premises, |
|
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|
|
|
(4) |
|
an attorney retained by the ASSURED and an employee of such |
|
|
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|
|
|
|
|
attorney while either is performing legal services for the ASSURED, |
|
|
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|
|
|
|
(5) |
|
a natural person provided by an employment contractor to perform |
|
|
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|
|
|
|
|
employee duties for the ASSURED under the ASSURED'S supervision |
|
|
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|
|
|
at any of the ASSURED'S premises, |
|
|
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|
|
|
|
(6) |
|
an employee of an institution merged or consolidated with the |
|
|
|
|
|
|
|
|
ASSURED prior to the effective date of this Bond, |
|
|
|
|
|
|
|
(7) |
|
a director or trustee of the ASSURED, but only while performing acts |
|
|
|
|
|
|
|
|
within the scope of the customary and usual duties of any officer or |
|
|
|
|
|
|
|
|
other employee of the ASSURED or while acting as a member of any |
|
|
|
|
|
|
|
|
committee duly elected or appointed to examine or audit or have |
|
|
|
|
|
|
|
|
custody of or access to
Property
of the ASSURED,
or |
Conditions And |
|
|
|
|
|
|
Limitations |
|
|
|
|
|
|
|
Definitions |
|
(8) |
|
each natural person, partnership or corporation authorized by written |
(continued) |
|
|
|
agreement with the ASSURED to perform services as electronic data |
|
|
|
|
processor of checks or other accounting records related to such checks but |
|
|
|
|
only while such person, partnership or corporation is actually performing |
|
|
|
|
such services and not: |
|
|
|
|
|
a. |
|
creating, preparing, modifying or maintaining the ASSURED'S |
|
|
|
|
|
|
computer software or programs, or |
|
|
|
|
|
b. |
|
acting as transfer agent or in any other agency capacity in issuing |
|
|
|
|
|
|
checks, drafts or securities for the ASSURED, |
|
|
|
(9) |
|
any partner, officer or employee of an investment advisor, an underwriter |
|
|
|
|
(distributor), a transfer agent or shareholder accounting recordkeeper, or an |
|
|
|
|
administrator, for an
Investment Company
while performing
acts coming |
|
|
|
|
within the scope of the customary and usual duties of an officer or employee |
|
|
|
|
of an
Investment Company
or acting as a member of any
committee duly |
|
|
|
|
elected or appointed to examine, audit or have custody of or access to |
|
|
|
|
Property
of
an Investment Company
. |
|
|
|
|
|
The term
Employee
shall not include any partner, officer
or employee of a |
|
|
|
|
transfer agent, shareholder accounting recordkeeper or administrator: |
|
|
|
|
|
a. |
|
which is not an "affiliated person" (as defined in Section 2(a) of the |
|
|
|
|
|
|
Investment Company Act of 1940) of an
Investment Company
or of |
|
|
|
|
|
|
the investment advisor or underwriter (distributor) of such
Investment |
|
|
|
|
|
|
Company
, or |
|
|
|
|
|
b. |
|
which is a "bank" (as defined in Section 2(a) of the Investment |
|
|
|
|
|
|
Company Act of 1940). |
|
|
|
|
|
|
|
This Bond does not afford coverage in favor of the employers of |
|
|
|
|
|
|
persons as set forth in e. (4), (5) and (8) above, and upon payment to |
|
|
|
|
|
|
the ASSURED by the COMPANY resulting directly from
Larceny or |
|
|
|
|
|
|
Embezzlement
committed by any of the partners, officers or |
|
|
|
|
|
|
employees of such employers, whether acting alone or in collusion |
|
|
|
|
|
|
with others, an assignment of such of the ASSURED'S rights and |
|
|
|
|
|
|
causes of action as it may have against such employers by reason of |
|
|
|
|
|
|
such acts so committed shall, to the extent of such payment, be given |
|
|
|
|
|
|
by the ASSURED to the COMPANY, and the ASSURED shall execute |
|
|
|
|
|
|
all papers necessary to secure to the COMPANY the rights provided |
|
|
|
|
|
|
for herein. |
|
|
|
|
|
Each employer of persons as set forth in e.(4), (5) and (8) above and the |
|
|
|
|
partners, officers and other employees of such employers shall collectively |
|
|
|
|
be deemed to be one person for all the purposes of this Bond; excepting, |
|
|
|
|
however, the fifth paragraph of Section 13. |
|
|
|
|
|
Independent contractors not specified in e.(4), (5) or (8) above, |
|
|
|
|
intermediaries, agents, brokers or other representatives of the same general |
|
|
|
|
character shall not be considered
Employees
. |
Conditions And |
|
|
|
|
Limitations |
|
|
|
|
|
Definitions |
|
f. |
|
Forgery
means the signing of the name of another natural person with the |
(continued) |
|
|
|
intent to deceive but does not mean a signature which consists in whole or in |
|
|
|
|
part of one's own name, with or without authority, in any capacity for any |
|
|
|
|
purpose. |
|
|
|
g. |
|
Investment Company
means any investment company registered under the |
|
|
|
|
Investment Company Act of 1940 and listed under the NAME OF ASSURED |
|
|
|
|
on the DECLARATIONS. |
|
|
|
h. |
|
Items of Deposit
means one or more checks or drafts drawn upon a |
|
|
|
|
financial institution in the United States of America. |
|
|
|
i. |
|
Larceny or Embezzlement
means larceny or embezzlement as defined in |
|
|
|
|
Section 37 of the Investment Company Act of 1940. |
|
|
|
j. |
|
Property
means money, revenue and other stamps; securities; including any |
|
|
|
|
note, stock, treasury stock, bond, debenture, evidence of indebtedness, |
|
|
|
|
certificate of deposit, certificate of interest or participation in any profit- |
|
|
|
|
sharing agreement, collateral trust certificate, preorganization certificate or |
|
|
|
|
subscription, transferable share, investment contract, voting trust certificate, |
|
|
|
|
certificate of deposit for a security, fractional undivided interest in oil, gas, or |
|
|
|
|
other mineral rights, any interest or instruments commonly known as a |
|
|
|
|
security under the Investment Company Act of 1940, any other certificate of |
|
|
|
|
interest or participation in, temporary or interim certificate for, receipt for, |
|
|
|
|
guarantee of, or warrant or right to subscribe to or purchase any of the |
|
|
|
|
foregoing; bills of exchange; acceptances; checks; withdrawal orders; money |
|
|
|
|
orders; travelers' letters of credit; bills of lading; abstracts of title; insurance |
|
|
|
|
policies, deeds, mortgages on real estate and/or upon chattels and interests |
|
|
|
|
therein; assignments of such policies, deeds or mortgages; other valuable |
|
|
|
|
papers, including books of accounts and other records used by the |
|
|
|
|
ASSURED in the conduct of its business (but excluding all electronic data |
|
|
|
|
processing records); and, all other instruments similar to or in the nature of |
|
|
|
|
the foregoing in which the ASSURED acquired an interest at the time of the |
|
|
|
|
ASSURED'S consolidation or merger with, or purchase of the principal |
|
|
|
|
assets of, a predecessor or which are held by the ASSURED for any |
|
|
|
|
purpose or in any capacity and whether so held gratuitously or not and |
|
|
|
|
whether or not the ASSURED is liable therefor. |
|
|
|
k. |
|
Relative
means the spouse of an
Employee
or partner of the ASSURED |
|
|
|
|
and any unmarried child supported wholly by, or living in the home of, such |
|
|
|
|
Employee
or partner and being related to them by blood, marriage or legal |
|
|
|
|
guardianship. |
|
|
|
l. |
|
Securities, documents or other written instruments
means original |
|
|
|
|
(including original counterparts) negotiable or non-negotiable instruments, or |
|
|
|
|
assignments thereof, which in and of themselves represent an equitable |
|
|
|
|
interest, ownership, or debt and which are in the ordinary course of business |
|
|
|
|
transferable by delivery of such instruments with any necessary |
|
|
|
|
endorsements or assignments. |
Conditions And |
|
|
|
|
|
|
Limitations |
|
|
|
|
|
|
|
|
Definitions |
|
|
|
m. |
|
Subsidiary
means any organization that, at the inception date of this Bond, |
(continued) |
|
|
|
|
|
is named in the APPLICATION or is created during the BOND PERIOD and |
|
|
|
|
|
|
of which more than fifty percent (50%) of the outstanding securities or voting |
|
|
|
|
|
|
rights representing the present right to vote for election of directors is owned |
|
|
|
|
|
|
or controlled by the ASSURED either directly or through one or more of its |
|
|
|
|
|
|
subsidiaries. |
|
|
|
|
|
n. |
|
Transportation Company
means any organization which provides its own |
|
|
|
|
|
|
or its leased vehicles for transportation or which provides freight forwarding |
|
|
|
|
|
|
or air express services. |
|
|
|
|
|
o. |
|
Voice Initiated Election
means any election concerning dividend options |
|
|
|
|
|
|
available to
Investment Company
shareholders or
subscribers which is |
|
|
|
|
|
|
requested by voice over the telephone. |
|
|
|
|
|
p. |
|
Voice Initiated Redemption
means any redemption of shares issued by an |
|
|
|
|
|
|
Investment Company
which is requested by voice over the telephone. |
|
|
|
|
|
q. |
|
Voice Initiated Funds Transfer Instruction
means any
Voice Initiated |
|
|
|
|
|
|
Redemption
or
Voice Initiated
Election
. |
|
|
|
|
|
For the purposes of these definitions, the singular includes the plural and the |
|
|
|
|
plural includes the singular, unless otherwise indicated. |
|
|
General Exclusions - |
|
2. |
|
This bond does not directly or indirectly cover: |
Applicable to All Insuring |
|
|
|
a. |
|
loss not reported to the COMPANY in writing within sixty (60) days after |
Clauses |
|
|
|
|
|
termination of this Bond as an entirety; |
|
|
|
|
|
b. |
|
loss due to riot or civil commotion outside the United States of America and |
|
|
|
|
|
|
Canada, or any loss due to military, naval or usurped power, war or |
|
|
|
|
|
|
insurrection. This Section 2.b., however, shall not apply to loss which occurs |
|
|
|
|
|
|
in transit in the circumstances recited in INSURING CLAUSE 3., provided |
|
|
|
|
|
|
that when such transit was initiated there was no knowledge on the part of |
|
|
|
|
|
|
any person acting for the ASSURED of such riot, civil commotion, military, |
|
|
|
|
|
|
naval or usurped power, war or insurrection; |
|
|
|
|
|
c. |
|
loss resulting from the effects of nuclear fission or fusion or radioactivity; |
|
|
|
|
|
d. |
|
loss of potential income including, but not limited to, interest and dividends |
|
|
|
|
|
|
not realized by the ASSURED or by any customer of the ASSURED; |
|
|
|
|
|
e. |
|
damages of any type for which the ASSURED is legally liable, except |
|
|
|
|
|
|
compensatory damages, but not multiples thereof, arising from a loss |
|
|
|
|
|
|
covered under this Bond; |
|
|
|
|
|
f. |
|
costs, fees and expenses incurred by the ASSURED in establishing the |
|
|
|
|
|
|
existence of or amount of loss under this Bond, except to the extent covered |
|
|
|
|
|
|
under INSURING CLAUSE 11.; |
|
|
|
|
|
g. |
|
loss resulting from indirect or consequential loss of any nature; |
Conditions And |
|
|
|
|
|
|
|
|
|
|
Limitations |
|
|
|
|
|
|
|
|
|
|
|
General Exclusions - |
|
|
|
h. |
|
loss resulting from dishonest acts by any member of the Board of Directors |
Applicable to All Insuring |
|
|
|
|
|
or Board of Trustees of the ASSURED who is not an
Employee
, acting |
Clauses |
|
|
|
|
|
alone or in collusion with others; |
(continued) |
|
|
|
i. |
|
loss, or that part of any loss, resulting solely from any violation by the |
|
|
|
|
|
|
ASSURED or by any
Employee
: |
|
|
|
|
|
|
(1) |
|
of any law regulating: |
|
|
|
|
|
|
|
|
a. |
|
the issuance, purchase or sale of securities, |
|
|
|
|
|
|
|
|
b. |
|
securities transactions on security or commodity exchanges or |
|
|
|
|
|
|
|
|
|
|
the over the counter market, |
|
|
|
|
|
|
|
|
c. |
|
investment companies, |
|
|
|
|
|
|
|
|
d. |
|
investment advisors, or |
|
|
|
|
|
|
(2) |
|
of any rule or regulation made pursuant to any such law; or |
|
|
|
|
j. |
|
loss of confidential information, material or data; |
|
|
|
|
k. |
|
loss resulting from voice requests or instructions received over the |
|
|
|
|
|
|
telephone, provided however, this Section 2.k. shall not apply to INSURING |
|
|
|
|
|
|
CLAUSE 7. or 9. |
|
|
Specific Exclusions - |
|
3. |
|
This Bond does not directly or indirectly cover: |
Applicable To All Insuring |
|
|
|
a. |
|
loss caused by an
Employee
, provided, however, this
Section 3.a. shall not |
Clauses Except Insuring |
|
|
|
|
|
apply to loss covered under INSURING CLAUSE 2. or 3. which results |
Clause 1. |
|
|
|
|
|
directly from misplacement, mysterious unexplainable disappearance, or |
|
|
|
|
|
|
damage or destruction of
Property
; |
|
|
|
|
b. |
|
loss through the surrender of property away from premises of the ASSURED |
|
|
|
|
|
|
as a result of a threat: |
|
|
|
|
|
|
(1) |
|
to do bodily harm to any natural person, except loss of
Property
in |
|
|
|
|
|
|
|
|
transit in the custody of any person acting as messenger of the |
|
|
|
|
|
|
|
|
ASSURED, provided that when such transit was initiated there was no |
|
|
|
|
|
|
|
|
knowledge by the ASSURED of any such threat, and provided further |
|
|
|
|
|
|
|
|
that this Section 3.b. shall not apply to INSURING CLAUSE 7., or |
|
|
|
|
|
|
(2) |
|
to do damage to the premises or
Property
of the
ASSURED; |
|
|
|
|
c. |
|
loss resulting from payments made or withdrawals from any account |
|
|
|
|
|
|
involving erroneous credits to such account; |
|
|
|
|
d. |
|
loss involving
Items of Deposit
which are not finally paid
for any reason |
|
|
|
|
|
|
provided however, that this Section 3.d. shall not apply to INSURING |
|
|
|
|
|
|
CLAUSE 10.; |
|
|
|
|
e. |
|
loss of property while in the mail; |
Conditions And |
|
|
|
|
|
|
Limitations |
|
|
|
|
|
|
|
Specific Exclusions - |
|
|
|
f. |
|
loss resulting from the failure for any reason of a financial or depository |
Applicable To All Insuring |
|
|
|
|
|
institution, its receiver or other liquidator to pay or deliver funds or other |
Clauses Except Insuring |
|
|
|
|
|
Property
to the ASSURED provided further that this Section 3.f. shall not |
Clause 1. |
|
|
|
|
|
apply to loss of
Property
resulting directly from robbery,
burglary, |
(continued) |
|
|
|
|
|
misplacement, mysterious unexplainable disappearance, damage, |
|
|
|
|
|
|
destruction or removal from the possession, custody or control of the |
|
|
|
|
|
|
ASSURED. |
|
|
|
|
g. |
|
loss of
Property
while in the custody of a
Transportation Company
, |
|
|
|
|
|
|
provided however, that this Section 3.g. shall not apply to INSURING |
|
|
|
|
|
|
CLAUSE 3.; |
|
|
|
|
h. |
|
loss resulting from entries or changes made by a natural person with |
|
|
|
|
|
|
authorized access to a
Computer System
who acts in good
faith on |
|
|
|
|
|
|
instructions, unless such instructions are given to that person by a software |
|
|
|
|
|
|
contractor or its partner, officer, or employee authorized by the ASSURED to |
|
|
|
|
|
|
design, develop, prepare, supply, service, write or implement programs for |
|
|
|
|
|
|
the ASSURED's
Computer System
; or |
|
|
|
|
i. |
|
loss resulting directly or indirectly from the input of data into a
Computer |
|
|
|
|
|
|
System
terminal, either on the premises of the customer of the ASSURED |
|
|
|
|
|
|
or under the control of such a customer, by a customer or other person who |
|
|
|
|
|
|
had authorized access to the customer's authentication mechanism. |
|
|
Specific Exclusions - |
|
4. |
|
This bond does not directly or indirectly cover: |
Applicable To All Insuring |
|
|
|
a. |
|
loss resulting from the complete or partial non-payment of or default on any |
Clauses Except Insuring |
|
|
|
|
|
loan whether such loan was procured in good faith or through trick, artifice, |
Clauses 1., 4., And 5. |
|
|
|
|
|
fraud or false pretenses; provided, however, this Section 4.a. shall not apply |
|
|
|
|
|
|
to INSURING CLAUSE 8.; |
|
|
|
|
|
b. |
|
loss resulting from forgery or any alteration; |
|
|
|
|
|
c. |
|
loss involving a counterfeit provided, however, this Section 4.c. shall not |
|
|
|
|
|
|
apply to INSURING CLAUSE 5. or 6. |
|
|
Limit Of Liability/Non- |
|
5. |
|
At all times prior to termination of this Bond, this Bond shall continue in force for |
Reduction And Non- |
|
|
|
the limit stated in the applicable sections of ITEM 2. of the DECLARATIONS, |
Accumulation Of Liability |
|
|
|
notwithstanding any previous loss for which the COMPANY may have paid or be |
|
|
|
|
liable to pay under this Bond provided, however, that the liability of the COMPANY |
|
|
|
|
under this Bond with respect to all loss resulting from: |
|
|
|
|
|
a. |
|
any one act of burglary, robbery or hold-up, or attempt thereat, in which no |
|
|
|
|
|
|
Employee
is concerned or implicated, or |
|
|
|
|
|
b. |
|
any one unintentional or negligent act on the part of any one person |
|
|
|
|
|
|
resulting in damage to or destruction or misplacement of
Property
, or |
|
|
|
|
|
c. |
|
all acts, other than those specified in a. above, of any one person, or |
Conditions And |
|
|
|
|
|
|
Limitations |
|
|
|
|
|
|
|
Limit Of Liability/Non- |
|
|
|
d. |
|
any one casualty or event other than those specified in a., b., or c. above, |
Reduction And Non- |
|
|
|
shall be deemed to be one loss and shall be limited to the applicable LIMIT OF |
Accumulation Of Liability |
|
|
|
LIABILITY stated in ITEM 2. of the DECLARATIONS of this Bond irrespective of |
(continued) |
|
|
|
the total amount of such loss or losses and shall not be cumulative in amounts |
|
|
|
|
from year to year or from period to period. |
|
|
|
|
|
All acts, as specified in c. above, of any one person which |
|
|
|
|
|
i. |
|
directly or indirectly aid in any way wrongful acts of any other person or |
|
|
|
|
|
|
persons, or |
|
|
|
|
|
ii. |
|
permit the continuation of wrongful acts of any other person or persons |
|
|
|
|
|
whether such acts are committed with or without the knowledge of the wrongful |
|
|
|
|
acts of the person so aided, and whether such acts are committed with or without |
|
|
|
|
the intent to aid such other person, shall be deemed to be one loss with the |
|
|
|
|
wrongful acts of all persons so aided. |
|
|
Discovery |
|
6. |
|
This Bond applies only to loss first discovered by an officer of the ASSURED |
|
|
|
|
during the BOND PERIOD. Discovery occurs at the earlier of an officer of the |
|
|
|
|
ASSURED being aware of: |
|
|
|
|
|
a. |
|
facts which may subsequently result in a loss of a type covered by this Bond, |
|
|
|
|
|
|
or |
|
|
|
|
|
b. |
|
an actual or potential claim in which it is alleged that the ASSURED is liable |
|
|
|
|
|
|
to a third party, |
|
|
|
|
|
regardless of when the act or acts causing or contributing to such loss occurred, |
|
|
|
|
even though the amount of loss does not exceed the applicable DEDUCTIBLE |
|
|
|
|
AMOUNT, or the exact amount or details of loss may not then be known. |
|
|
|
Notice To Company - |
|
7. |
|
a. |
|
The ASSURED shall give the COMPANY notice thereof at the earliest |
Proof - Legal Proceedings |
|
|
|
|
|
practicable moment, not to exceed sixty (60) days after discovery of loss, in |
Against Company |
|
|
|
|
|
an amount that is in excess of 50% of the applicable DEDUCTIBLE |
|
|
|
|
|
|
AMOUNT, as stated in ITEM 2. of the DECLARATIONS. |
|
|
|
|
|
b. |
|
The ASSURED shall furnish to the COMPANY proof of loss, duly sworn to, |
|
|
|
|
|
|
with full particulars within six (6) months after such discovery. |
|
|
|
|
|
c. |
|
Securities listed in a proof of loss shall be identified by certificate or bond |
|
|
|
|
|
|
numbers, if issued with them. |
|
|
|
|
|
d. |
|
Legal proceedings for the recovery of any loss under this Bond shall not be |
|
|
|
|
|
|
brought prior to the expiration of sixty (60) days after the proof of loss is filed |
|
|
|
|
|
|
with the COMPANY or after the expiration of twenty-four (24) months from |
|
|
|
|
|
|
the discovery of such loss. |
|
|
|
|
|
e. |
|
This Bond affords coverage only in favor of the ASSURED. No claim, suit, |
|
|
|
|
|
|
action or legal proceedings shall be brought under this Bond by anyone |
|
|
|
|
|
|
other than the ASSURED. |
Conditions And |
|
|
|
|
|
|
Limitations |
|
|
|
|
|
|
|
Notice To Company - |
|
|
|
f. |
|
Proof of loss involving
Voice Initiated Funds Transfer Instruction
shall |
Proof - Legal Proceedings |
|
|
|
|
|
include electronic recordings of such instructions. |
Against Company |
|
|
|
|
|
|
(continued) |
|
|
|
|
|
|
|
|
Deductible Amount |
|
8. |
|
The COMPANY shall not be liable under any INSURING CLAUSES of this Bond |
|
|
|
|
on account of loss unless the amount of such loss, after deducting the net amount |
|
|
|
|
of all reimbursement and/or recovery obtained or made by the ASSURED, other |
|
|
|
|
than from any Bond or policy of insurance issued by an insurance company and |
|
|
|
|
covering such loss, or by the COMPANY on account thereof prior to payment by |
|
|
|
|
the COMPANY of such loss, shall exceed the DEDUCTIBLE AMOUNT set forth in |
|
|
|
|
ITEM 3. of the DECLARATIONS, and then for such excess only, but in no event |
|
|
|
|
for more than the applicable LIMITS OF LIABILITY stated in ITEM 2. of the |
|
|
|
|
DECLARATIONS. |
|
|
|
|
|
There shall be no deductible applicable to any loss under INSURING CLAUSE 1. |
|
|
|
|
sustained by any
Investment Company
. |
|
|
Valuation |
|
9. |
|
BOOKS OF ACCOUNT OR OTHER RECORDS |
|
|
|
|
The value of any loss of
Property
consisting of books of
account or other records |
|
|
|
|
used by the ASSURED in the conduct of its business shall be the amount paid by |
|
|
|
|
the ASSURED for blank books, blank pages, or other materials which replace the |
|
|
|
|
lost books of account or other records, plus the cost of labor paid by the |
|
|
|
|
ASSURED for the actual transcription or copying of data to reproduce such books |
|
|
|
|
of account or other records. |
|
|
|
|
|
The value of any loss of
Property
other than books of
account or other records |
|
|
|
|
used by the ASSURED in the conduct of its business, for which a claim is made |
|
|
|
|
shall be determined by the average market value of such
Property
on the |
|
|
|
|
business day immediately preceding discovery of such loss provided, however, |
|
|
|
|
that the value of any
Property
replaced by the ASSURED
with the consent of the |
|
|
|
|
COMPANY and prior to the settlement of any claim for such
Property
shall be the |
|
|
|
|
actual market value at the time of replacement. |
|
|
|
|
|
In the case of a loss of interim certificates, warrants, rights or other securities, the |
|
|
|
|
production of which is necessary to the exercise of subscription, conversion, |
|
|
|
|
redemption or deposit privileges, the value of them shall be the market value of |
|
|
|
|
such privileges immediately preceding their expiration if said loss is not discovered |
|
|
|
|
until after their expiration. If no market price is quoted for such
Property
or for |
|
|
|
|
such privileges, the value shall be fixed by agreement between the parties. |
|
|
|
|
OTHER PROPERTY |
|
|
|
|
|
The value of any loss of
Property
, other than as stated
above, shall be the actual |
|
|
|
|
cash value or the cost of repairing or replacing such
Property
with
Property
of |
|
|
|
|
like quality and value, whichever is less. |
Conditions And |
|
|
|
|
|
|
Limitations |
|
|
|
|
|
|
(continued) |
|
|
|
|
|
|
|
Securities Settlement |
|
10. |
|
In the event of a loss of securities covered under this Bond, the COMPANY may, |
|
|
|
|
at its sole discretion, purchase replacement securities, tender the value of the |
|
|
|
|
securities in money, or issue its indemnity to effect replacement securities. |
|
|
|
|
|
The indemnity required from the ASSURED under the terms of this Section |
|
|
|
|
against all loss, cost or expense arising from the replacement of securities by the |
|
|
|
|
COMPANY'S indemnity shall be: |
|
|
|
|
|
a. |
|
for securities having a value less than or equal to the applicable |
|
|
|
|
|
|
DEDUCTIBLE AMOUNT - one hundred (100%) percent; |
|
|
|
|
|
b. |
|
for securities having a value in excess of the DEDUCTIBLE AMOUNT but |
|
|
|
|
|
|
within the applicable LIMIT OF LIABILITY - the percentage that the |
|
|
|
|
|
|
DEDUCTIBLE AMOUNT bears to the value of the securities; |
|
|
|
|
|
c. |
|
for securities having a value greater than the applicable LIMIT OF LIABILITY |
|
|
|
|
|
|
- the percentage that the DEDUCTIBLE AMOUNT and portion in excess of |
|
|
|
|
|
|
the applicable LIMIT OF LIABILITY bears to the value of the securities. |
|
|
|
|
|
The value referred to in Section 10.a., b., and c. is the value in accordance with |
|
|
|
|
Section 9, VALUATION, regardless of the value of such securities at the time the |
|
|
|
|
loss under the COMPANY'S indemnity is sustained. |
|
|
|
|
|
The COMPANY is not required to issue its indemnity for any portion of a loss of |
|
|
|
|
securities which is not covered by this Bond; however, the COMPANY may do so |
|
|
|
|
as a courtesy to the ASSURED and at its sole discretion. |
|
|
|
|
|
The ASSURED shall pay the proportion of the Company's premium charge for the |
|
|
|
|
Company's indemnity as set forth in Section 10.a., b., and c. No portion of the |
|
|
|
|
LIMIT OF LIABILITY shall be used as payment of premium for any indemnity |
|
|
|
|
purchased by the ASSURED to obtain replacement securities. |
|
|
Subrogation Assignment -
11. |
|
In the event of a payment under this Bond, the COMPANY shall be subrogated to |
Recovery |
|
|
|
all of the ASSURED'S rights of recovery against any person or entity to the extent |
|
|
|
|
of such payment. On request, the ASSURED shall deliver to the COMPANY an |
|
|
|
|
assignment of the ASSURED'S rights, title and interest and causes of action |
|
|
|
|
against any person or entity to the extent of such payment. |
|
|
|
|
|
Recoveries, whether effected by the COMPANY or by the ASSURED, shall be |
|
|
|
|
applied net of the expense of such recovery in the following order: |
|
|
|
|
|
a. |
|
first, to the satisfaction of the ASSURED'S loss which would otherwise have |
|
|
|
|
|
|
been paid but for the fact that it is in excess of the applicable LIMIT OF |
|
|
|
|
|
|
LIABILITY, |
|
|
|
|
|
b. |
|
second, to the COMPANY in satisfaction of amounts paid in settlement of |
|
|
|
|
|
|
the ASSURED'S claim, |
|
|
|
|
|
c. |
|
third, to the ASSURED in satisfaction of the applicable DEDUCTIBLE |
|
|
|
|
|
|
AMOUNT, and |
Conditions And |
|
|
|
|
|
|
Limitations |
|
|
|
|
|
|
|
Subrogation - Assignment - |
|
|
|
d. |
|
fourth, to the ASSURED in satisfaction of any loss suffered by the |
Recovery |
|
|
|
|
|
ASSURED which was not covered under this Bond. |
(continued) |
|
|
|
Recovery from reinsurance or indemnity of the COMPANY shall not be deemed a |
|
|
|
|
recovery under this section. |
|
|
Cooperation Of Assured |
|
12. |
|
At the COMPANY'S request and at reasonable times and places designated by |
|
|
|
|
the COMPANY, the ASSURED shall: |
|
|
|
|
|
a. |
|
submit to examination by the COMPANY and subscribe to the same under |
|
|
|
|
|
|
oath, |
|
|
|
|
|
b. |
|
produce for the COMPANY'S examination all pertinent records, and |
|
|
|
|
|
c. |
|
cooperate with the COMPANY in all matters pertaining to the loss. |
|
|
|
|
|
The ASSURED shall execute all papers and render assistance to secure to the |
|
|
|
|
COMPANY the rights and causes of action provided for under this Bond. The |
|
|
|
|
ASSURED shall do nothing after loss to prejudice such rights or causes of action. |
|
|
|
Termination |
|
13. |
|
If the Bond is for a sole ASSURED, it shall not be terminated unless written notice |
|
|
|
|
shall have been given by the acting party to the affected party and to the |
|
|
|
|
Securities and Exchange Commission, Washington, D.C., not less than sixty (60) |
|
|
|
|
days prior to the effective date of such termination. |
|
|
|
|
|
If the Bond is for a joint ASSURED, it shall not be terminated unless written notice |
|
|
|
|
shall have been given by the acting party to the affected party, and by the |
|
|
|
|
COMPANY to all ASSURED
Investment Companies
and to the
Securities and |
|
|
|
|
Exchange Commission, Washington, D.C., not less than sixty (60) days prior to |
|
|
|
|
the effective date of such termination. |
|
|
|
|
|
This Bond will terminate as to any one ASSURED, other than an
Investment |
|
|
|
|
Company
: |
|
|
|
|
|
a. |
|
immediately on the taking over of such ASSURED by a receiver or other |
|
|
|
|
|
|
liquidator or by State or Federal officials, or |
|
|
|
|
|
b. |
|
immediately on the filing of a petition under any State or Federal statute |
|
|
|
|
|
|
relative to bankruptcy or reorganization of the ASSURED, or assignment for |
|
|
|
|
|
|
the benefit of creditors of the ASSURED, or |
|
|
|
|
|
c. |
|
immediately upon such ASSURED ceasing to exist, whether through merger |
|
|
|
|
|
|
into another entity, disposition of all of its assets or otherwise. |
|
|
|
|
|
The COMPANY shall refund the unearned premium computed at short rates in |
|
|
|
|
accordance with the standard short rate cancellation tables if terminated by the |
|
|
|
|
ASSURED or pro rata if terminated for any other reason. |
Conditions And |
|
|
|
|
|
|
Limitations |
|
|
|
|
|
|
|
|
Termination |
|
|
|
If any partner, director, trustee, or officer or supervisory employee of an |
(continued) |
|
|
|
ASSURED not acting in collusion with an
Employee
learns of
any dishonest act |
|
|
|
|
committed by such
Employee
at any time, whether in the
employment of the |
|
|
|
|
ASSURED or otherwise, whether or not such act is of the type covered under this |
|
|
|
|
Bond, and whether against the ASSURED or any other person or entity, the |
|
|
|
|
ASSURED: |
|
|
|
|
a. |
|
shall immediately remove such
Employee
from a position
that would enable |
|
|
|
|
|
|
such
Employee
to cause the ASSURED to suffer a loss
covered by this |
|
|
|
|
|
|
Bond; and |
|
|
|
|
b. |
|
within forty-eight (48) hours of learning that an
Employee
has committed |
|
|
|
|
|
|
any dishonest act, shall notify the COMPANY, of such action and provide full |
|
|
|
|
|
|
particulars of such dishonest act. |
|
|
|
|
The COMPANY may terminate coverage as respects any
Employee
sixty (60) |
|
|
|
|
days after written notice is received by each ASSURED
Investment Company |
|
|
|
|
and the Securities and Exchange Commission, Washington, D.C. of its desire to |
|
|
|
|
terminate this Bond as to such
Employee
. |
|
|
Other Insurance |
|
14. |
|
Coverage under this Bond shall apply only as excess over any valid and collectible |
|
|
|
|
insurance, indemnity or suretyship obtained by or on behalf of: |
|
|
|
|
|
a. |
|
the ASSURED, |
|
|
|
|
b. |
|
a
Transportation Company
, or |
|
|
|
|
|
c. |
|
another entity on whose premises the loss occurred or which employed the |
|
|
|
|
|
|
person causing the loss or engaged the messenger conveying the
Property |
|
|
|
|
|
|
involved. |
|
|
Conformity |
|
15. |
|
If any limitation within this Bond is prohibited by any law controlling this Bond's |
|
|
|
|
construction, such limitation shall be deemed to be amended so as to equal the |
|
|
|
|
minimum period of limitation provided by such law. |
|
|
Change or Modification |
|
16. |
|
This Bond or any instrument amending or affecting this Bond may not be changed |
|
|
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or modified orally. No change in or modification of this Bond shall be effective |
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except when made by written endorsement to this Bond signed by an authorized |
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representative of the COMPANY. |
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If this Bond is for a sole ASSURED, no change or modification which would |
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adversely affect the rights of the ASSURED shall be effective prior to sixty (60) |
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days after written notice has been furnished to the Securities and Exchange |
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Commission, Washington, D.C., by the acting party. |
You are hereby notified that, under the Terrorism Risk Insurance Act of 2002 (the Act) |
effective November 26, 2002, this policy makes available to you insurance for losses |
arising out of certain acts of international terrorism. Terrorism is defined as any act |
certified by the Secretary of the Treasury, in concurrence with the Secretary of State and |
the Attorney General of the United States, to be an act of terrorism; to be a violent act or |
an act that is dangerous to human life, property or infrastructure; to have resulted in |
damage within the United States, or outside the United States in the case of an air carrier |
or vessel or the premises of a United States Mission; and to have been committed by an |
individual or individuals acting on behalf of any foreign person or foreign interest, as part |
of an effort to coerce the civilian population of the United States or to influence the policy |
or affect the conduct of the United States Government by coercion. |
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You should know that the insurance provided by your policy for losses caused by acts of |
terrorism is partially reimbursed by the United States under the formula set forth in the |
Act. Under this formula, the United States pays 90% of covered terrorism losses that |
exceed the statutorily established deductible to be paid by the insurance company |
providing the coverage. The portion of your policys annual premium that is attributable to |
insurance for such acts of terrorism is: $
-0-. |
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If you have any questions about this notice, please contact your agent or broker. |
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FEDERAL INSURANCE COMPANY |
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Endorsement No: |
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2 |
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Bond
Number: |
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81952296 |
NAME OF ASSURED:
TORTOISE CAPITAL RESOURCES CORPORATION |
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TERMINATION-NONRENEWAL-NOTICE ENDORSEMENT |
It is agreed that this Bond is amended as follows: |
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1. |
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By adding to Section 13., Termination, the following: |
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"Termination By The Company |
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Bonds In Effect For More Than Sixty (60) Days |
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If this Bond has been in effect for more than sixty (60) days, or, if this Bond is a renewal, the |
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COMPANY may terminate by providing written notice of cancellation at least sixty (60) days before the |
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effective date of termination for at least one of the following reasons: |
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1. |
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Nonpayment of premium; |
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2. |
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Discovery of fraud or material misrepresentation in obtaining this Bond or in the presentation of a |
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claim thereunder; |
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3. |
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Discovery of willful or reckless acts or omissions or violation of any provision of this Bond on the |
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part of the ASSURED which substantially and materially increases any hazard insured against, |
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and which occurred subsequent to the inception of the current BOND PERIOD; |
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4. |
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Conviction of the ASSURED of a crime arising out of acts increasing the hazard insured against; |
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5. |
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Material change in the risk which increases the risk of loss after insurance coverage has been |
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issued or renewed, except to the extent that the COMPANY should reasonably have foreseen the |
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change, or contemplated the risk when the contract was written; |
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6. |
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Determination by the Commissioner that the continuation of the Bond would jeopardize a |
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COMPANY'S solvency or would place the COMPANY in violation of the insurance laws of any |
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state; |
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7. |
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Determination by the Commissioner that continuation of the present premium volume of the |
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COMPANY would jeopardize the COMPANY'S policyholders, creditors or the public; |
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8. |
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Such other reasons that are approved by the Commissioner; |
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9. |
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Determination by the Commissioner that the COMPANY no longer has adequate reinsurance to |
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meet the ASSUREDS needs; |
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10. |
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Substantial breaches of contractual duties, conditions or warranties; or |
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11. |
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Unfavorable underwriting facts, specific to the ASSURED, existing that were not present at the |
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inception of the Bond. |
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Bonds In Effect Sixty (60) Days Or Less |
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If this Bond has been in effect for sixty (60) days or less, and it is not a renewal Bond, the COMPANY |
may terminate for any reason by providing written notice of termination at least sixty (60) days before |
the effective date of termination. |
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Notice Of Termination |
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Notice of termination under this Section shall be mailed or delivered, by certified mail, return receipt |
provided by the United States Postal Service, to the ASSURED and to the authorized agent or broker, if |
any, at least sixty (60) days prior to the effective date of cancellation at the address shown on the |
DECLARATIONS of this Bond. |
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If this Bond is cancelled for nonpayment of premium, the COMPANY will mail or deliver, by certified |
mail, return receipt provided by the United States Postal Service, a written notice at least thirty (30) |
days before the effective date of cancellation. The cancellation notice shall contain information |
regarding the amount of premium due and the due date, and shall state the effect of nonpayment by |
the due date. Cancellation shall not be effective if payment of the amount due is made prior to the |
effective date of cancellation. |
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All notice of cancellation shall state the reason(s) for cancellation. |
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There is no liability on the part of, and no cause of action of any nature shall arise against, the |
COMPANY, its authorized representatives, its employees, or any firm, person or corporation furnishing |
to the COMPANY, information relating to the reasons for cancellation or nonrenewal, for any statement |
made by them in complying or enabling the COMPANY to comply with this Section, for the provision of |
information pertaining thereto, or for statements made or evidence submitted at any hearings |
conducted in connection therewith, if such information was provided in good faith and without malice. |
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Notice Of Nonrenewal |
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If the COMPANY elects not to renew this Bond, the COMPANY shall mail or deliver written notice, by |
certified mail, return receipt, provided by the United States Postal Service, to the ASSURED, at his last |
known address, at least sixty (60) days before the expiration date or before the anniversary date, if this |
Bond has been written for a term of more than one (1) year. Such notice shall also be mailed to the |
ASSURED'S agent or broker, if any. |
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Such notice shall contain all of the following: |
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a. |
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Bond Number: |
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b. |
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Date of Notice; |
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c. |
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Reason for Cancellation; |
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Expiration Date of the Bond; |
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e. |
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Effective Date and Hour of Cancellation. |
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Notice of nonrenewal shall not be required if the COMPANY or a COMPANY within the same insurance |
group has offered to issue a renewal Bond, the ASSURED has obtained replacement coverage or has |
agreed in writing to obtain replacement coverage, the ASSURED has requested or agreed to |
nonrenewal, or the Bond is expressly designated as nonrenewable. |
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Return Premium Calculations |
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Any unearned premiums which have been paid by the ASSURED shall be refunded to the ASSURED |
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on a pro rata basis if terminated by the COMPANY or the ASSURED. The unearned premiums shall |
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be refunded to the ASSURED within forty-five (45) days of receipt of the request for cancellation or the |
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effective date of cancellation, whichever is later. |
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Conditional Renewal |
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If the COMPANY offers or purports to renew the Bond, but on less favorable terms or at higher rates, |
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the new terms or higher premiums may take effect on the renewal date, if the COMPANY mails or |
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delivers by certified mail, return receipt provided by the United States Postal Service, to the ASSURED, |
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notice of the new terms or premiums at least sixty (60) days prior to the renewal date. If the |
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COMPANY notifies the ASSURED within sixty (60) days prior to the renewal date, the new terms or |
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premiums do not take effect until sixty (60) days after the notice is mailed or delivered, in which case, |
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the ASSURED may elect to cancel the renewal Bond within the sixty (60) day period. If the COMPANY |
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does not notify the ASSURED of the new terms or premiums, the COMPANY shall continue the Bond |
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at the expiring terms and premiums until notice is given or until the effective date of replacement |
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coverage is obtained by the ASSURED, whichever occurs first. |
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2. |
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It is further understood and agreed that for the purposes of Section 13., Termination, any occurrence |
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listed in this Section shall be considered to be a request by the ASSURED to immediately terminate this |
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Bond. |
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This Endorsement applies to loss discovered after 12:01 a.m. on
February 25, 2007
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ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED. |