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Share Name | Share Symbol | Market | Type |
---|---|---|---|
China Finance Inc (CE) | USOTC:CHFI | OTCMarkets | Common Stock |
Price Change | % Change | Share Price | Bid Price | Offer Price | High Price | Low Price | Open Price | Shares Traded | Last Trade | |
---|---|---|---|---|---|---|---|---|---|---|
0.00 | 0.00% | 0.000001 | 0.00 | 01:00:00 |
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Atlanta
GA 30309-4530
t
404 815 6500 f 404 815 6555
www.KilpatrickStockton.com
|
POLICY
# 0170744
|
EXPIRY
# 8763608
|
|
|||
INSURED:
|
CHINA
FINANCE, INC.
|
||
|
|||
ADDRESS:
|
1330
AVENUE OF AMERICAS
|
||
21ST
FLOOR
|
|||
NEW
YORK NY 10019
|
|||
|
|||
TERM: 012/006
|
EFFECTIVE:10/02/07
|
EXPIRY:
10/02/08
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|
|
|||
PREMIUM:
|
$25,091
|
||
|
|||
MINIMUM:
|
ADJUSTMENT
TERMS: NOT APPLICABLE
|
|
|
ISSUED
ON:
|
AT: 59
HIGH STREET
|
BOSTON
|
|
|
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|||||
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|
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Authorized
Representative OR
|
||
|
Countersignature
(In states where applicable)
|
Date:
10/10/07
|
POLICY
# 0170744
|
|
Underwriter Name: FRANK FORDE |
|
Underwriter Region: BOSTON | ||
Underwriter Branch: LEXINGTON HOME OFF. | ||
Underwriter Telephone: (617) 330-1100 | ||
Policy
No: 0170744
|
Effective
Date: 10/02/2007
|
Form
Number
|
Edition
Date
|
Endorsement
Number
|
Title
|
|||
LEXDOCMFID
|
04/95
|
CLAIMS
MADE BOND DEC PAGE
|
||||
LEXDOCMFIDT
|
02/91
|
CLAIMS
MADE BOND TEXT
|
||||
FID003
|
02/91
|
BOND
MIN. EARNED PREMIUM
|
||||
FID010
|
02/91
|
BOND
NON STATUTORY
|
||||
FID013
|
02/91
|
BOND
REGULATORY REPORTING
|
||||
FID019
|
02/91
|
SERVICE
OF SUIT CLAUSE
|
||||
SR6149C
|
04/95
|
1
|
COMPUTER
SYSTEMS FRAUD
|
|||
LX9828
|
01/05
|
2
|
TERRORISM
EXCLUSION
|
|||
LX9883
|
11/05
|
3
|
COVERAGE
TERRITORY LIMITATION
|
|||
SR59351
|
12/93
|
4
|
EXTORTION
– THREATS TO PERSONS
|
|||
SR6003E
|
12/93
|
5
|
EXTORTION
– THREATS TO PROPERTY
|
|||
FID008
|
02/91
|
6
|
BOND
LOSS SUSTAINED
|
|||
7
|
ACCIDENTIAL
DEATH & DISMEMBERM
|
|||||
8
|
AMENDMENT
TO TERMINATION
|
FINANCIAL
INSTITUTION BOND
|
||||||
Standard
Form No. 24, Revised to January, 1986
|
||||||
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||
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Bond
Number 0170744
|
||
|
|
|
|
Renewal
of:
|
||
|
||||||
LEXINGTON
INSURANCE COMPANY
|
||||||
100
SUMMER STREET
|
||||||
BOSTON,
MASSACHUSETTS 02110-2130
|
||||||
(Herein
called Underwriter)
|
||||||
DECLARATIONS
|
||||||
Item 1.
|
|
Name
of Insured (herein called Insured):
|
||||
|
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CHINA
FINANCE, INC.
|
||||
|
||||||
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Principal
Address:
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1330
AVENUE OF AMERICAS
|
|||
|
|
|
21ST
FLOOR
|
|||
|
NEW
YORK NY 10019
|
|||||
Item 2.
|
|
Bond
Period: from 12:01 a.m. on 10/02/07
to
12-01 a.m. on 10/02/08
|
||
|
|
(MONTH,
DAY,
YEAR) (MONTH,
DAY, YEAR)
|
||
Item 3.
|
|
The
Aggregate Liability of the
Underwriter during the Bond Period shall be
|
||
|
|
$350,000
|
||
Item 4.
|
|
Subject
to Sections 4 and 11
hereof.
|
|
|
|
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The
Single Loss Limit of Liability is
$350,000
|
|
|
|
|
and
the Single Loss Deductible
is
$75,000
|
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|
Provided,
however, that if any amounts are inserted below opposite
specified
Insuring Agreements or Coverage, those amounts shall
be controlling. Any
amount set forth below shall be part of and not in
addition to amounts set
forth above. (If an Insuring Agreement or Coverage
is to be delated,
insert “Not Covered.”)
|
||||
Amount
applicable to:
|
|
Single
Loss
|
|
Single
Loss
|
||||
|
Limit
of Liability
|
|
Deductible
|
|||||
INSURING
AGREEMENT (D) – FORGERY OR ALTERATION
|
|
$
|
350,000
|
|
|
$
|
75,000
|
|
INSURING
AGREEMENT (E) – SECURITIES
|
|
$
|
350,000
|
|
|
$
|
75,000
|
|
COMPUTER
SYSTEMS
|
|
$
|
350,000
|
|
|
$
|
75,000
|
|
EXTORTION
– THREATS TO PERSON:
|
|
$
|
350,000
|
|
|
$
|
75,000
|
|
EXTORTION
– THREATS TO PROPERTY
|
|
$
|
350,000
|
|
|
$
|
75,000
|
|
Item 5.
|
|
The
liability of the Underwriter
is subject to the terms of the following riders attached
hereto:
|
|
SEE
ATTACHED FORMS SCHEDULE
|
|
|
||
Item 6.
|
The
Insured by the acceptance of
this bond gives notice to the Underwriter terminating
or canceling prior
bond(s) or policy(ies) No.(s)
|
|
|
such
termination or cancelation to
be effective as of the time this bond becomes
effective.
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|||||
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Authorized
Representative OR
|
||
|
Countersignature
(In states where applicable)
|
A)
|
Loss
resulting directly from
dishonest or fraudulent acts committed by an Employee
acting alone or in
collusion with others.
Such
dishonest or fraudulent acts
must be committed by the Employee with the manifest
intent:
|
|||
|
||||
|
a)
|
to
cause the Insured to sustain
such loss; and
|
||
|
b)
|
to
obtain financial benefit for
the Employee and which, in fact, result in obtaining
such
benefit,
|
||
However,
if some or all of the Insured’s loss results directly or indirectly from
Loans, that portion of the loss is not covered unless
the Employee was in
collusion with one or more parties to the transactions
and has received,
in connection therewith, a financial benefit with
a value of at least
$2,500.
|
||||
As
used throughout this Insuring Agreement, financial
benefit does not
include any employee benefits earned In the normal
course of Employment,
including: salaries, commissions, fees, bonuses,
promotions, awards,
profit sharing or pensions.
|
B) | 1) |
Loss
of Property resulting
directly from
|
|||
a)
|
robbery,
burglary, misplacement,
mysterious unexplainable disappearance and damage
thereto or destruction
thereof, or
|
||||
b)
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theft,
false pretenses, common-law
or statutory larceny, committed by a person present
in an office or on the
premises of the Insured.
|
||||
while the Property is lodged or deposited within offices or premises located anywhere. | |||||
|
2)
|
Loss
of or damage
to
|
|||
|
a)
|
furnishings,
fixtures, supplies or
equipment within an office of the Insured covered
under this bond
resulting directly from larceny or theft in, or by
burglary or robbery of,
such office, or attempt thereat, or by vandalism
or malicious mischief,
or
|
|||
|
|||||
|
b)
|
such
office resulting from larceny
or theft in, or by burglary or robbery of such office
or attempt thereat,
or to the interior of such office by
vandalism
or malicious
mischief.
|
|||
provided that |
|
i)
|
the
Insured is the owner of such
furnishings, fixtures, supplies, equipment, or office
or is liable for
such loss of damage, and
|
|
||
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ii)
|
the
loss is not caused by
fire.
|
C)
|
Loss
of Property resulting
directly from robbery, common-law or statutory larceny,
theft,
misplacement, mysterious unexplainable disappearance,
being lost or made
away with, and damage thereto or destruction thereof,
while the Property
is in transit anywhere in the custody
of
|
|
a)
|
a
natural person acting as a
messenger of the Insured (or another natural person
acting as messenger or
custodian during an emergency arising from the incapacity
of the original
messenger), or
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|
|
|||
|
b)
|
a
Transportation Company and being
transported in an armored motor vehicle, or
|
|
|
|||
|
c)
|
a
Transportation Company and being
transported in a conveyance other than an armored
motor vehicle provided
that covered Property transported in such manner
is limited to the
following:
|
|
i)
|
records,
whether recorded in
writing or electronically, and
|
|
|
|||
|
ii)
|
Certificated
Securities issued in
registered form and not endorsed, or with restrictive
endorsements,
and
|
|
|
|||
|
iii)
|
Negotiable
instruments not payable
to bearer, or not endorsed, or with restrictive
endorsements.
|
|
Coverage
under this insuring Agreement begins immediately
upon the receipt of such
Property by the natural person or Transportation
Company and ends
immediately upon delivery to the designated recipient
or its
agent.
|
D)
|
Loss
resulting directly
from
|
|
1)
|
Forgery
or alteration of, on or in
any Negotiable instrument (except an Evidence of
Debt), Acceptance,
Withdrawal Order, receipt for the withdrawal of Property,
Certificate of
Deposit or Letter of Credit.
|
|
2)
|
transferring,
paying or delivering
any funds or Property or establishing any credit
or giving any value on
the faith of any written instructions or advices
directed to the insured
and authorizing or acknowledging the transfer, payment,
delivery or
receipt of funds or Property, which instructions
or advices purport to
have been signed or endorsed by any customer of the
insured or by any
financial institution but which instructions or advices
either bear a
signature which is a Forgery or have been altered
without the knowledge
and consent of such customer or financial
institution.
|
|
|
A
mechanically reproduced
facsimile signature is treated the same as a handwritten
signature.
|
E)
|
Loss
resulting directly from the
Insured having, in good faith, for its own account
or for the account of
others.
|
|||
|
1)
|
acquired,
sold or delivered, or
given value, extended credit or assumed liability,
on the faith of, any
original
|
|
a)
|
Certificated
Security.
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|
||
|
b)
|
Document
of
Title.
|
|
||
|
c)
|
deed,
mortgage or other Instrument
conveying title to, or creating or discharging a
lien upon, real
property,
|
|
||
|
d)
|
Certificate
of Origin or
Title.
|
|
||
|
e)
|
Evidence
of
Debt,
|
|
||
|
f)
|
Corporate,
partnership or personal
Guarantee.
|
|
||
|
g)
|
Security
Agreement.
|
|
||
|
h)
|
Instruction
to a Federal Reserve
Bank of the
United
States
,
or
|
|
||
|
i)
|
Statement
of Uncertificated
Security of any Federal Reserve Bank of the
United
States
.
|
|
which
|
|
i)
|
bears
a signature of any maker,
drawer, issuer, endorser, assignor, lessee, transfer
agent, registrar,
acceptor surety, guarantor, or of any person signing
in any other capacity
which is a Forgery, or
|
|
||
|
ii)
|
is
altered,
or
|
|
||
|
iii)
|
is
lost or
stolen;
|
|
2)
|
guaranteed
in writing or witnessed
any signature upon any transfer, assignment, bill
of sale, power of
attorney. Guarantee, endorsement or any items listed
in (a) through (h)
above;
|
|
||
|
3)
|
acquired,
sold or delivered, or
given value, extended credit or assumed liability,
on the faith of any
item listed in (a) and (d) above which is a
Counterfeit.
|
|
||
|
Actual
physical possession of the items listed in (a) through
(j) above by the
Insured, its correspondent bank or other authorized
representative, is a
condition precendent to the Insured’s having relied on the faith of such
items.
|
|
|
||
|
|
A
mechanically reproduced
facsimile signature is treated the same as a handwritten
signature.
|
F)
|
Loss
resulting directly from the
receipt by the Insured, in good faith, of any Counterfeit
Money of the
United States of America, Canada or of any other
country in which the
Insured maintains a branch
office.
|
A.
|
Loss
sustained by any nominee
organized by the Insured for the purpose of handling
certain of its
business transactions and composed exclusively of
its Employees shall, for
all the purposes of this bond and whether or not
any partner of such
nominee is implicated in such loss, be deemed to
be loss sustained by the
Insured
|
B.
|
If
the Insured shall, while this
bond is in force, establish any additional offices,
other than by
consolidation or merger with, or purchase or acquisition
of assets or
liabilities of, another institution, such offices
shall be automatically
covered hereunder from the date of such establishment
without the
requirement of notice to the Underwriter or the payment
of additional
premium for the remainder of the premium
period.
|
|
if
the Insured shall, while this bond is in force, consolidate
or merge with
or purchase or acquire assets or liabilities of,
another institution, the
Insured shall not have such coverage as is afforded
under this bond for
loss which
|
|
a)
|
has
occurred or will occur in
offices or premises, or
|
||
|
||||
|
b)
|
has
been caused or will be caused
by an employee or employees of such institution,
or
|
||
|
||||
|
c)
|
has
arisen or will arise out of
the assets or liabilities acquired by the Insured
as a result of such
consolidation, merger or purchase or acquisition
of assets or liabilities
unless the Insured shall
|
|
i)
|
give
the Underwriter written
notice of the proposed consolidation, merger or purchase
or acquisition of
assets or liabilities prior to the proposed effective
date of such action
and
|
|
|
|||
ii)
|
obtain
the written consent of the
Underwriter to extend the coverage provided by this
bond to such
additional offices or premises, Employees and other
exposures,
and
|
||
|
|||
|
iii)
|
upon
obtaining such consent, pay
to the Underwriter an additional
premium.
|
C.
|
When
the Insured learns of a
change in control, It shall give written notice to
the
Underwriter.
|
|
|
As
used in this General Agreement, control means the
power to determine the
management or policy of a controlling holding company
or the Insured by
virtue of voting stock ownership. A change in ownership
of voting stock
which results in direct or indirect ownership by
a stockholder or an
affiliated group of stockholders of ten percent (10%)
or more of such
stock shall be presumed to result in a change of
control for the purpose
of the required notice.
|
|
|
|
Failure
to give the required notice shall result in termination
of coverage for
any loss involving a transferee, to be effective
upon the date of the
stock transfer.
|
D.
|
The
Insured represents that the
information furnished in the application for this
bond is complete, true
and correct. Such application constitutes part of
this
bond.
|
|
|
Any
misrepresentation, omission,
concealment or incorrect statement of a material
fact in the application
or otherwise, shall be grounds for the rescission
of this
bond.
|
E.
|
If
two or more Insureds are
covered under this bond, the first named Insured
shall act for all
Insureds. Payment by the Underwriter to the first
named Insured of loss
sustained by any Insured shall fully release the
Underwriter on account of
such loss. If the first named insured ceases to be
covered under this
bond, the Insured next named shall thereafter be
considered as the first
named insured. Knowledge possessed or discovery made
by any Insured shall
constitute knowledge or discovery by all Insureds
for all purposes of this
bond. The liability of the Underwriter for loss or
losses sustained by all
Insureds shall not exceed the amount for which the
Underwriter would have
been liable had all such loss or losses been sustained
by one
insured.
|
F.
|
The
insured shall notify the
Underwriter at the earliest practicable moment, not
to exceed 30 days
after notice thereof, of any legal proceeding brought
to determine the
Insured’s liability for any loss, claim or damage, which,
if established,
would constitute a collectible loss under this bond.
Concurrently, the
Insured shall furnish copies of all pleadings and
pertinent papers to the
Underwriter,
|
|
|
|
The
Underwriter, at its sole
option, may elect to conduct the defense of such
legal proceeding, in
whole or in part. The defense by the Underwriter
shall be in the Insured’s
name through attorneys selected by the Underwriter.
The Insured shall
provide all reasonable information and assistance
required by the
Underwriter for such defense.
|
|
|
|
If
the Underwriter elects to
defend the Insured, in whole or In part, any judgment
against the Insured
on those counts or causes of action which the Underwriter
defended on
behalf of the Insured or any settlement in which
the underwriter
participates and all attorneys’ fees, costs and expenses incurred by the
Underwriter In the defense of the litigation shall
be a loss covered by
this bond.
|
|
If
the Insured does not give the
notices required in subsection (a) of Section 5 of this bond and
in the first paragraph of this General Agreement,
or if the Underwriter
elects not to defend any clauses of action, neither
a judgment against the
Insured, nor a settlement of any legal proceeding
by the Insured, shall
determine the existence, extent or amount of coverage
under this bond for
loss sustained by the Insured, and the Underwriter
shall not be liable for
any attorneys’ fees, costs and expenses incurred by the
Insured.
|
|
|
|
With
respect to this General
Agreement, subsections (b) and (d) of Section 5 of this
bond apply upon the entry of such judgment or the
occurrence of such
settlement instead of upon discovery of loss. In
addition, the Insured
must notify the Underwriter within 30 days after such judgment is
entered against it or after the Insured settles such
legal proceeding, and
subject to subsection (e) of Section 5, the Insured may not
bring legal proceedings for the recovery of such
loss after the expiration
of 24 months from the date of such final judgment or
settlement.
|
a)
|
Acceptance
means a draft which the
drawee has, by signature written thereon, engaged
to honor as
presented.
|
|
|
b)
|
Certificate
of Deposit means an
acknowledgment in writing by a financial institution
of receipt of Money
with an engagement to repay it.
|
|
|
c)
|
Certificate
of Origin or Title
means a document issued by a manufacturer of personal
property or a
governmental agency evidencing the ownership of the
personal property and
by which ownership is transferred.
|
|
|
d)
|
Certificated
Security means a
share, participation or other interest in property
of or an enterprise of
the issuer or an obligation of the issuer, which
is:
|
|
1)
|
represented
by an instrument
issued in bearer or registered form;
|
|
||
|
2)
|
of
a type commonly dealt in on
securities exchanges or markets or commonly recognized
in any area in
which it is issued or dealt in as a medium for investment;
and
|
|
||
|
3)
|
either
one of a class or series or
by its terms divisible into a class or series of
shares, participations,
interests or obligations.
|
e)
|
Counterfeit
means an imitation of
an actual valid original which is intended to deceive
and to be taken as
the original.
|
||
|
|||
f)
|
Document
of Title means a bill of lading, dock warrant, dock
receipt, warehouse
receipt or order for the delivery of goods, and also
any other document
which in the regular course of business or financing
is treated as
adequately evidencing that the person in possession
of it is entitled to
receive, hold and dispose of the document and the
goods it covers and must
purport to be issued by or addressed to a bailee
and purport to cover
goods in the bailee’s possession which are either identified or are
fungible portions of an identified mass.
|
||
|
|||
g)
|
Employee
means:
|
|
1)
|
an
officer or other employee of
the Insured, while employed in, at, or by any of
the Insured’s offices or
premises covered hereunder, and a guest student pursuing
studies or duties
in any of said offices or premises;
|
|
|
|||
|
2)
|
an
attorney retained by the
Insured and an employee of such attorney while either
is performing legal
services for the Insured;
|
|
|
|||
|
3)
|
a
person provided by an employment
contractor to perform employee duties for the Insured
under the Insured’s
supervision at any of the Insured’s offices or premises covered
hereunder;
|
|
|
|||
|
4)
|
an
employee of an institution
merged or consolidated with the Insured prior to
the effective date to
this bond; and
|
|
|
|||
|
5)
|
each
natural person, partnership
or corporation authorized by the Insured to perform
services as data
processor of checks or other accounting records of
the Insured (not
including preparation or modification of computer
software or programs),
herein called Processor. (Each such Processor, and
the partners, officers
and employees of such Processor shall, collectively,
be deemed to be one
Employee for all the purposes of this bond, excepting,
however, the second
paragraph of Section 12. A Federal Reserve Bank or
clearing house shall
not be construed to be a
processor.)
|
h)
|
Evidence
of Debt means an
instrument, including a Negotiable instrument, executed
by a customer of
the Insured and held by the Insured which in the
regular course of
business is treated as evidencing the customer’s debt to the
Insured
|
|||
|
||||
i)
|
Forgery
means the signing of the
name of another person or organization with intent
to deceive; It does not
mean a signature which consists in whole or in part
of one’s own name
signed with or without authority, in any capacity,
for any
purpose.
|
|||
|
||||
j)
|
Guarantee
means a written
undertaking obligating the signer to pay the debt
of another to the
Insured or its assignee or to a financial institution
from which the
Insured has purchased participation in the debt,
if the debt is not paid
in accordance with its terms.
|
|||
|
||||
k)
|
Instruction
means a written order
to the issuer of an Uncertificated Security requesting
that the transfer,
pledge, or release from pledge, of the Uncertificated
Security specified
be registered.
|
|||
|
||||
l)
|
Letter
of Credit means an
engagement in writing by a bank or other parson made
at the request of a
customer that the bank or other person will honor
drafts or other demands
for payment upon compliance with the conditions specified
in the Letter of
Credit.
|
|||
|
||||
m)
|
Loan
means all extensions of
credit by the Insured and all transactions creating
a creditor
relationship in favor of the Insured and all transactions
by which the
Insured assumes an existing creditor
relationship.
|
|||
|
||||
n)
|
Money
means a medium of exchange
in current use authorized or adopted by a domestic
or foreign government
as a part of its currency.
|
|||
|
||||
o)
|
Negotiable
Instrument means any
writing
|
1)
|
signed
by the maker or drawer;
and
|
|
|
||
2)
|
containing
any unconditional
promise or order to pay a sum certain in Money and
no other promise,
order, obligation or power given by the maker or
drawer;
and
|
|
|
||
3)
|
is
payable on demand or at a
definite time; and
|
|
4)
|
is
payable to order or
bearer.
|
p)
|
Property
means Money, Certificated
Securities. Uncertificated Securities of any Federal
Reserve Bank of the
United States, Negotiable Instruments, Certificates
of Deposit, documents
of title, Acceptances, Evidences of Debt, security
agreements, Withdrawal
Orders, certificates of origin or title, Letters
of Credit, Insurance
policies, abstracts of title, deeds and mortgages
on real estate, revenue
and other stamps, tokens, unsold state lottery tickets,
books of account
and other records whether recorded in writing or
electronically, gems,
jewelry, precious metals of all kinds and in any
form, and tangible items
of personal property which are not hereinbefore
enumerated.
|
|||
q)
|
Security
Agreement means an
agreement which creates an interest in personal property
or fixtures and
which secures payment on performance of an
obligation.
|
||
|
|||
r)
|
Statement
of Uncertificated
Security means a written statement of the Issuer
of an Uncertificated
Security containing:
|
|
1)
|
a
description
of the issue of which
the Uncertificated Security is a part;
|
|
||
|
2)
|
the
number of shares or
units;
|
|
a)
|
transferred
to the registered
owner;
|
|
||
|
b)
|
pledged
by the registered owner to
the registered pledgee;
|
|
||
|
c)
|
released
from pledge by the
registered pledgee;
|
|
||
|
d)
|
registered
in the name of the
registered owner on the date of the statement;
or
|
|
||
|
e)
|
subject
to pledge on the date of
the statement;
|
|
3)
|
the
name and address of the
registered owner and registered
pledgee;
|
|
4)
|
a
notation of any liens and
restrictions of the issuer and any adverse claims
to which the
Uncertificated Security is or may be subject or a
statement that there are
none of those liens, restrictions or adverse claims;
and
|
|
||
|
5)
|
the
date;
|
|
a)
|
the
transfer of the shares or
units to the new registered owner of the shares or
units was
registered;
|
|
||
|
b)
|
the
pledge of the registered
pledgee was registered, or
|
|
||
|
c)
|
of
the statement, if it is a
periodic or annual
statement.
|
s)
|
Transportation
Company means any
organization which provides its own or leased vehicles
for transportation
or which provides freight forwarding or air express
services.
|
|
|
t)
|
Uncertificated
Security means a
share, participation or other interest in property
of or an enterprise of
the issuer or an obligation of the issuer, which
is:
|
|
1)
|
not
represented by an instrument
and the transfer of which is registered upon books
maintained for that
purpose by or on behalf of the issuer;
|
|
||
|
2)
|
of
a type commonly dealt in on
securities exchanges or markets; and
|
|
||
|
3)
|
either
one of a class or series or
by its terms divisible into a class or series of
shares, participators,
interests or obligations.
|
u)
|
Withdrawal
Order means a
non-negotiable instrument, other than an Instruction,
signed by a customer
of the Insured authorizing the Insured to debit the
customer’s account In
the amount of funds stated
therein.
|
a)
|
loss
resulting directly or
indirectly from forgery or alteration, except when
covered under Insuring
Agreements (A), (D), (E) or (F);
|
||||||||||
|
|||||||||||
b)
|
loss
due to riot or civil
commotion outside the United States of America and
Canada; or loss due to
military, naval or usurped power, war or insurrection
unless such loss
occurs in transit in the circumstances recited in
Insuring Agreement (C),
and unless, when such transit was initiated, there
was no knowledge of
such riot, civil commotion, military, naval or usurped
power, war or
insurrection on the part of any person acting for
the Insured in
initiating such transit;
|
||||||||||
|
|||||||||||
c)
|
loss
resulting directly or
indirectly from the effects of nuclear fusion or
fusion or radioactivity;
provided, however, that this paragraph shall not
apply to loss resulting
from industrial uses of nuclear energy;
|
||||||||||
|
|||||||||||
d)
|
loss
resulting directly or
indirectly from any acts of any director of the insured
other than one
employed as a salaried, pensioned or elected official
or an Employee of
the Insured, except when performing acts coming within
the scope of the
usual duties of an Employee, or while acting as a
member of any committee
duly elected or appointed by resolution of the board
of directors of the
Insured to perform specific, as distinguished from
general, directorial
acts on behalf of the Insured;
|
||||||||||
|
|||||||||||
e)
|
loss
resulting directly or
indirectly from the complete or partial nonpayment
of, or default upon,
any loan or transaction involving the Insured as
a lender or borrower, or
extension of credit, including the purchase, discounting
or other
acquisition of false or genuine accounts, invoices,
notes, agreements or
Evidences of Debt, whether such loan, transaction
or extension was
procured in good faith or through trick, artifice,
fraud or false
pretenses; except when covered under Insuring Agreements
(A), (D) or
(E);
|
||||||||||
|
|||||||||||
f)
|
loss
of Property contained in
customers’ safe deposit boxes, except when the Insured is legally
liable
therefore and the loss is covered under Insuring
Agreement
(A);
|
||||||||||
|
|||||||||||
g)
|
loss
through cashing or paying
forged or altered travelers’ checks or travelers’ checks bearing forged
endorsements, except when covered under Insuring
Agreement (A); or loss of
unsold travelers’ checks or unsold money orders placed in the custody
of
the Insured with authority to sell, unless (a) the
Insured is legally
liable for such loss and (b) such checks or money
orders are later paid or
honored by the drawer thereof, except when covered
under Insuring
Agreement (A);
|
||||||||||
|
|||||||||||
h) |
Evidence
of Debt means an
instrument, including a Negotiable instrument, executed
by a customer of
the Insured and held by the Insured which in the
regular course of
business is treated as evidencing the customer’s debt to the
Insured
|
i)
|
loss
resulting directly or
indirectly from trading, with or without the knowledge
of the Insured,
whether or not represented by any indebtedness or
balance shown to be due
the Insured on any customer’s account, actual or fictitious, and
notwithstanding any act or omission on the part of
any Employee in
connection with any account relating to such trading,
indebtedness, or
balance, except when covered under Insuring Agreement
(D) or
(E);
|
||||||||
|
|||||||||
j)
|
shortage
in any teller’s cash due
to error, regardless of the amount of such shortage,
and any shortage in
any teller’s cash which is not in excess of the normal shortage
in the
tellers’ cash in the office where such shortage shall occur
shall be
presumed to be due to error;
|
||||||||
|
|||||||||
k)
|
loss
resulting directly or
indirectly from the use or purported use of credit,
debit, charge, access,
convenience, identification, cash management or other
cards
|
|
1)
|
in
obtaining credit or funds,
or
|
|
||
|
2)
|
in
gaining access to automated
mechanical devices which, on behalf of the Insured,
disburse Money, accept
deposits, cash checks, drafts or similar written
instruments or make
credit card loans, or
|
|
||
|
3)
|
in
gaining access to point of sale
terminals, customer-bank communication terminals,
or similar electronic
terminals of electronic funds transfer
systems.
|
|
whether
such cards were issued, or
purport to have been issued, by the Insured or by
anyone other than the
Insured, except when covered under Insuring Agreement
(A);
|
l)
|
loss
Involving automated
mechanical devices which, on behalf of the Insured,
disburse Money, accept
deposits, cash checks, drafts or similar written
instruments or make
credit card loans, unless such automated mechanical
devices are situated
within an office of the Insured which is permanently
staffed by an
Employee whose duties are those usually assigned
to a bank teller, even
though public access is from outside the confines
of such office, but in
no event shall the Underwriter be liable for loss
(including loss of
Property)
|
|
1)
|
as
a result of damage to such
automated mechanical devices from vandalism or malicious
mischief
perpetrated from outside such office, or
|
|
||
|
2)
|
as
a result of failure of such
automated mechanical devices to function property,
or
|
|
||
|
3)
|
through
misplacement or mysterious
unexplainable disappearance while such Property is
located within any such
automated mechanical devices, except when covered
under Insuring Agreement
(A);
|
m)
|
loss
through the surrender of
Property away from an office of the Insured as a
result of a
threat
|
|
1)
|
to
do bodily harm to any person,
except loss of Property in transit in the custody
of any person acting as
messenger provided that when such transit was
initiated there was no
knowledge by the Insured of any such threat,
or
|
|
||
|
2)
|
to
do damage to the premises or
property of the Insured, except when covered
under Insuring Agreement
(A);
|
n)
|
loss
resulting directly or
indirectly from payments made or withdrawals from
a depositor’s or
customer’s account involving erroneous credits to such account,
unless
such payments or withdrawals are physically received
by such depositor or
customer or representative of such depositor or customer
who is within the
office of the Insured at the time of such payment
or withdrawal, or except
when covered under insuring Agreement (A);
|
||||||||
o)
|
loss
resulting directly or
indirectly from payments made or withdrawals from
a depositor’s account
involving items of deposit which are not finally
paid for any reason,
including but not limited to Forgery or any other
fraud, except when
covered under Insuring Agreement (A);
|
||||||||
p)
|
loss
resulting directly or
indirectly from counterfeiting, except when covered
under Insuring
Agreements (A), (E) or (F);
|
||||||||
q) |
loss
of any tangible item of
personal property which is not specifically enumerated
in the paragraph
defining Property if such property is specifically
insured by other
insurance of any kind and in any amount obtained
by the Insured, and in
any event, loss of such property occurring more than
60 days after the
Insured takes possession of such property, except
when covered under
insuring Agreements (A) or
(B)(2);
|
r)
|
loss
of Property
while
|
|
1)
|
in
the mail,
or
|
|
||
|
2)
|
in
the custody of any
Transportation Company, unless covered under insuring
Agreement
(C)
|
|
except
when covered under Insuring Agreement
(A);
|
s)
|
potential
income, including but
not limited to interest and dividends, not realized
by the Insured or by
any customer of the Insured;
|
||||||||||
t)
|
damages
of any type for which the
Insured is legally liable, except compensatory damages,
but not multiples
thereof, arising directly from a loss covered under
this
bond;
|
||||||||||
u)
|
all
fees, costs and expenses
incurred by the Insured
|
|
1)
|
in
establishing the existence of
or amount of loss covered under this bond, or
|
|
||
|
2)
|
as
a party to any legal proceeding
whether or not such legal proceeding exposes the
insured to loss covered
by this bond;
|
v)
|
indirect
or consequential loss of
any nature;
|
||||||||||
w)
|
loss
resulting from any violation
by the Insured or by any Employee
|
||||||||||
|
1)
|
of
law regulating (i) the
issuance, purchase or sale of securities, (ii) securities
transactions
upon security exchanges or over the counter market,
(iii) investment
companies, or (iv) investment advisers, or
|
|
||
|
2)
|
of
any rule or regulation made
pursuant to any such law, unless it is established
by the Insured that the
act or acts which caused the said loss Involved fraudulent
or dishonest
conduct which would have caused a loss to the Insured
In a similar amount
In the absence of such laws, rules or
regulations;
|
x)
|
loss
resulting directly or
indirectly from the failure of a financial or depository
institution, or
its receiver or liquidator, to pay or deliver, on
demand of the Insured,
funds or Property of the Insured held by it in any
capacity, except when
covered under Insuring Agreements (A) or
(B)(1)(a);
|
y)
|
loss involving
any
Uncertificated Security except an Uncertificated
Security of any Federal
Reserve Bank of the United States or when covered
under Insured Agreement
(A);
|
z)
|
damages
resulting from any civil,
criminal or other legal proceeding in which the Insured
is alleged to have
engaged in racketeering activity except when the
Insured establishes that
the act or acts giving rise to such damages were
committed by an Employee
under circumstances which result directly in a loss
to the Insured covered
by Insuring Agreement (A). For the purposes of this
exclusion
“racketeering activity” is defined in 18 United States Code 1961 et seq.,
as amended.
|
a)
|
The
Underwriter shall have no
further liability for loss or losses regardless of
when discovered and
whether or not previously reported to the Underwriter,
and
|
|
|
b)
|
The
Underwriter shall have no
obligation under General Agreement F to continue
the defense of the
Insured, and upon notice by the Underwriter to the
Insured that the
Aggregate Limit of Liability has been exhausted,
the Insured shall assume
all responsibility for its defense at its own
cost.
|
a)
|
|
any
one act or series or related
acts of burglary, robbery or attempt thereat, in
which no Employee is
implicated, or
|
|
||
b)
|
|
any
one act or series of related
unintentional or negligent acts or omissions on the
part of any person
(whether an Employee or not) resulting in damage
to or destruction or
misplacement of Property, or
|
|
||
c)
|
|
all
acts or omissions other than
those specified in (a) and (b) preceding, caused
by any person (whether an
Employee or not) or in which such person is implicated,
or
|
|
||
d)
|
|
any
one casualty or event not
specified in (a), (b) or
(c) preceding.
|
a)
|
|
At
the earliest practicable
moment, not to exceed 30 days, after discovery
of loss, the Insured shall
give the Underwriter notice thereof.
|
|
||
b)
|
|
Within
6 months after such
discovery, the Insured shall furnish to the Underwriter
proof of loss,
duly sworn to, with full particulars.
|
|
||
c)
|
|
Loss
certified Securities listed
in a proof of loss shall be identified by certificate
or bond numbers if
such securities were issued therewith.
|
|
||
d)
|
|
Legal
proceedings for the recovery
of any loss hereunder shall not be brought prior
to the expiration of 60
days after the original proof of loss is filed
with the Underwriter or
after the expiration of 24 months from this discovery
of such
loss.
|
|
||
e)
|
|
If
any limitation embodied in this
bond is prohibited by any law controlling the construction
hereof, such
limitation shall be deemed to be amended so as
to equal the minimum period
of limitation provided by such law.
|
|
||
f)
|
|
This
bond affords coverage only in
favor of the Insured. No suit, action or legal
proceedings shall be
brought hereunder by any one other than the named
Insured.
|
a)
|
|
In
the event of payment under this
bond, the Insured shall deliver, if so requested
by the Underwriter, an
assignment of such of the Insured’s rights, title and interest and causes
of action as it has against any person or entity
to the extent of the loss
payment.
|
|
||
b)
|
|
In
the event of payment under this
bond, the Underwriter shall be subrogated to all
of the Insured’s rights
of recovery therefor against any person or entity
to the extent of such
payment.
|
|
||
c)
|
|
Recoveries,
whether effected by
the Underwriter or by the Insured, shall be applied
net of the expense of
such recovery first to the satisfaction of the Insured’s loss which would
otherwise have been paid but for the fact that it
is in excess of either
the Single or Aggregate Limit of Liability, secondly,
to the underwriter
as reimbursement of amounts paid in settlement of
the Insured’s claim, and
thirdly, to the Insured in satisfaction of any Deductible
Amount. Recovery
on account of loss of securities as set forth in
the second paragraph of
Section 6 or recovery from reinsurance and/or indemnity of
the
Underwriter shall not be deemed a recovery as used
herein.
|
|
||
d)
|
|
Upon
the Underwriter’s request and
at reasonable times and places designated by the
Underwriter the Insured
shall
|
|
1)
|
submit
to examination by the
Underwriter and subscribe to the same under oath;
and
|
|
||
|
2)
|
produce
for the Underwriter’s
examination all pertinent records; and
|
|
||
|
3)
|
cooperate
with the Underwriter in
all matters pertaining to the
loss.
|
e)
|
|
The
Insured shall execute all
papers and render assistance to secure to the Underwriter
the rights and
causes of action provided for herein. The Insured
shall do nothing after
discovery of loss to prejudice such rights or causes
of
action.
|
|
|
|
Secretary
|
|
Chairman
of the Board and CEO
|
|
|
|
|
|
|
|
|
|
|||||
|
|
|
|
Authorized
Representative OR
|
||
|
Countersignature
(In states where applicable)
|
(i)
|
any statutory obligation which may be required of
the Insured to maintain
Bonding or Fidelity coverages;
|
(ii)
|
the requirements of any other party having an interest
or requiring that
Bonding or Fidelity coverages be maintained whether
as to amount or
otherwise;
|
|
|
|
|
|
|
|
|
|
|||||
|
|
|
|
Authorized
Representative OR
|
||
|
Countersignature
(In states where applicable)
|
|
|
|
|
|
|
|
|
|
|||||
|
|
|
|
Authorized
Representative OR
|
||
|
Countersignature
(In states where applicable)
|
|
|
|
|
|
|
|
|
|
|||||
|
|
|
|
Authorized
Representative OR
|
||
|
Countersignature
(In states where applicable)
|
1.
|
|
The
attached bond is amended by
adding an Insuring Agreement as
follows:
|
|
Loss
resulting from a fraudulent
|
|
(
1)
|
|
entry
of Electronic Data or
Computer Program into, or
|
|
|||
|
(
2)
|
|
change
of Electronic Data or
Computer Program within
|
any
Computer System operated by the Insured, whether owned or leased;
or any
Computer System identified in the application for this bond;
or a Computer
System first used by the Insured during the Bond Period, as
provided
General Agreement B of this
bond;
|
|
provided
that the entry or change
causes
|
|
(
i)
|
|
Property
to be transferred, paid
or delivered,
|
|
|||
|
(
ii)
|
|
an
account of the Insured, or of
its customer, to be added, deleted, debited or credited,
or
|
|
|||
|
(
iii)
|
|
an
unauthorized account or a
fictitious account to be debited or
credited.
|
|
In
this Insuring Agreement, fraudulent entry or change
shall include such
entry or change made by an Employee of the Insured
acting in good
faith
|
|
(a
)
|
|
on
an instruction from a software contractor who has a written
agreement with
the Insured to design, implement or service programs for a
Computer System
covered by this Insuring Agreement, or
|
|
|||
|
(b
)
|
|
On
an instruction transmitted by
Tested telex or similar means of Tested communication (except
a
Telefacsimile Device) identified in the application for this
bond
purportedly sent by a customer financial institution or automated
clearing
house.
|
2.
|
|
In
addition to the Co
nditions
and Limitations in
the
bond,
the
following, applicable to the Computer Systems Fraud Insuring
Agreement,
are added:
|
|
(A)
|
Computer
Program means a set of
related electronic instructions which direct the operations
and functions
of a computer or devices connected to it which enable the computer
or
devices to receive, process, store or send Electronic
Data;
|
||
|
||||
|
(B)
|
Computer
System
means
|
||
|
||||
|
(1)
|
|
computers
with related peripheral
components, including storage compartments wherever
located,
|
|
|
||||
|
(2)
|
|
systems
and applications
software,
|
|
|
||||
|
(3)
|
|
terminal
devices,
and
|
|
|
||||
|
(4)
|
|
related
communication
networks
|
|
by
which Electronic Dat re electronically collected, transmitted,
processed,
stored and retrieved;
|
|
(C)
|
Electronic
Data means facts or
information converted to a form usable in a Computer System
by Computer
Programs, and which is stored an magnetic tapes or disks, or
optical
storage disks or other bulk media.
|
|
|
|||
|
(D
)
|
Telefacsimile
Device means a
machine capable of sending or receiving a duplicate image of
a document by
means of electronic impulses transmitted through a telephone
line and
which reproduces the duplicate image on paper;
|
|
|
|||
|
(E
)
|
Tested
means a method of
authenticating the contents of a communication by placing a
valid test key
on it which has been agreed upon between the Insured and a
customer,
automated clearing house, or another financial institution
for the purpose
of protecting the integrity of the communication in the ordinary
course of
business.
|
|
All
loss or series of losses involving the fraudulent acts of one
individual,
or involving fraudulent acts in which one individual is implicated,
whether or not that individual is specifically identified,
shall be
treated as a Single Loss and subject to the Single Loss Limits
of
Liability. A series of losses involving unidentified individuals
but
arising from the same method of operation shall be deemed to
involve the
same individual and In that event shall be treated as a Single
Loss and
subject to the Single Loss Limit of Liability.
|
|
|
||
3.
|
|
The
exclusion below, as found in
financial bonds forms 14 and 25, does not apply to the Computer
Systems
Fraud Insuring Agreement.
|
|
||
|
|
“loss
involving any Uncertificated
Security except an Uncertificated Security of any Federal Reserve
Bank of
the United States or when covered under Insuring Agreement
(A);”
|
|
||
4
.
|
|
This
rider shall become effective
as of 12:01 a.m. on
10/02/2007.
|
1.
|
Any
action taken in hindering or defending against an actual
or expected
incident of “terrorism” regardless of any other cause or event that
contributes concurrently or in any sequence to the injury
or damage;
and
|
2.
|
Any
contemporaneous or ensuring loss caused by explosion, fire,
heat
vandalism, looting, theft, civil commotion, rebellion or
insurrection.
|
a.
|
A
government;
|
b.
|
The
civilian population of a country, state or community;
or
|
c.
|
To
disrupt the economy of a country, state or
community.
|
|
|
|
|
|
|
|
|
|
|||||
|
|
|
|
Authorized
Representative OR
|
||
|
Countersignature
(In states where applicable)
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
Authorized
Representative OR
|
||
|
|
|
|
Countersignature
(In states where applicable)
|
1.
|
The
attached bond is amended by deleting the last like of Exclusion
(m) of
Section 2 and by substituting in lieu thereof the
following:
|
|
|
“except
with respect to (1) above, when covered under Insuring
Agreement (A), or
to the extent covered under the Extortion – Threats To Persons Insuring
Agreement below, and with respect to (2) above, when covered
under
Insuring Agreement (A), or to the extent covered under
the Extortion –
Threats to Property Insuring Agreement when added by rider
to the attached
bond.”
|
2.
|
The
attached bond is further amended by adding additional Insuring
Agreement
as follows:
|
Loss
of Property surrendered away from an office of the insured
as a result of
a threat communicated to the insured to do bodily harm
to:
|
|
(1)
|
a
director, trustee, Employee or partner of the insured or
to the proprietor
(if the insured be a sole proprietorship), or
|
|
||
|
(2)
|
a
relative or invitee of any person enumerated in (1)
above
|
who
was, or allegedly was, kidnapped anywhere (except as scheduled
below),
provided that prior to the surrender of such Property,
(a) the person
receiving the threat has made a reasonable effort to report
the
extortionist’s demand to an associate, and (b) a reasonable effort has
been made to report the extortionist’s demand to the Federal Bureau of
Investigation, or foreign equivalent thereof, and to local
law enforcement
authorities.
|
3.
|
The
Single Loss Limit of Liability and Single Loss Deductible
for the
Extortion – Threats to Persons Insuring Agreement are the amounts shown
on
the Declarations Page, or amendment thereto.
|
4.
|
This
Rider shall become effective as of 12:01 a.m. on
10/02/07.
|
1.
|
The
attached bond is amended by deleting the last line of Exclusion
(m) of
Section 2 and by substituting in lieu thereof the
following:
|
|
|
“except
with respect to (1) above, when covered under Insuring
Agreement (A), or
to the extent covered under the Extortion – Threats To Persons Insuring
Agreement when added by rider to the attached bond, and
with respect to
(2) above, when covered under Insuring Agreement (A), or
to the extent
covered under the Extortion - Threats To Property Insuring
Agreement
below.”
|
|
2.
|
The
attached bond is further amended by adding an additional
Insuring
Agreement as follows:
|
EXTORTION
– THREATS TO PROPERTY
|
|
Loss
of Property surrendered away from an office of the insured
as a result of
a threat communicated to the insured to do damage to the
premises or
property of the insured located anywhere (except as scheduled
below),
provided that prior to the surrender of such Property,
(a) the person
receiving the threat has made a reasonable effort to report
the
extortionist’s demand to an associate, and (b) a reasonable effort has
been made to report the extortionist’s demand to the Federal Bureau of
Investigation, or foreign equivalent thereof, and to local
law enforcement
authorities.
|
|
SCHEDULE
|
|
3.
|
The
Single Loss Limit of Liability and Single Loss Deductible
for the
Extortion – Threats to Property Insuring Agreement are the amounts
shown
on the Declarations Page or amendment thereto.
|
4.
|
This
rider shall become effective as of 12:01 a.m. on
10/02/2007.
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
Authorized
Representative OR
|
||
|
|
|
|
Countersignature
(In states where applicable)
|
I.
|
ACCIDENT
INSURANCE DECLARATIONS –
The following declarations are added to
the Policy and apply only with respect to the coverage
provided by this
endorsement:
|
||
(a)
|
Accident
Insurance Effective Date:
“Same as Policy Effective
Date.”
|
||
(b)
|
Classification
of Eligible Persons:
|
Class
1:
|
All
third parties, excluding Class 2. Class 1 does not include
firefighters, police officers, emergency medical technicians
or any other
emergency services personnel who may be called to the venue
or location(s)
in the event of an emergency. Additionally, Class 1 does not
include prisoners, inmates or detainees of any kind when
the Covered
Premises is a prison, jail, detention center, lock down
facility or any
other correctional institution of any kind.
|
||
Class
2:
|
All
employees of the Named Insured working at least 20 hours
per week and who
are permanently employed inside the U.S., its territories
and possessions,
Puerto Rico and Canada.
|
(c)
|
Covered
Activity (ies): Coverage is provided for injury sustained
by a Covered
Person while:
|
Covered
Activity 1:
|
(Class
1) Lawfully in or on the Covered Premises of the Names
Insured.
|
||
Covered
Activity 2:
|
(Class
2) Actively performing the duties of his or her occupation
for the Named
Insured.
|
(d)
|
Principal
Sum Amount (per Covered Person):
|
$50,000
|
|
|
|||
(e)
|
Accident
Insurance Aggregate Limit:
|
$5,000,000
per occurrence
|
II.
|
ACCIDENT
INSURANCE –
The following Accident Insurance Coverage is
added to
the Policy. The provisions hereunder apply only with respect to
the Accident Insurance provided by this endorsement:
|
A.
|
ACCIDENT
INSURANCE INSURING AGREEMENT
|
We
will pay a benefit to the Covered Person (or, in the
event of death, to
the Covered Person’s beneficiary) if that Covered Person suffers a loss
covered under this endorsement arising from an injury
that results from an
accident that occurs on or after the Accident Insurance
Effective Date and
during a Covered Activity. The Principal Sum Amount and the
Covered Activity (ies) applicable to each Covered Person
are set out in
the Schedule. The benefit amount payable is subject to the
Accident Insurance Reduction Schedule found below.
|
|
Accidental
Death & Dismemberment and Paralysis Benefit. If Injury to a
Covered Person results, within 365 days of the date of
the accident that
caused the Injury, in that Covered Person suffering any
one of the losses
or any type of paralysis specified below, the benefit
we will pay will be
based upon the indicated percentage of the Principal
Sum Amount shown
below for that loss of paralysis:
|
For
Loss of:
|
Percentage
of Principal Sum Amount Payable
|
Life
|
100%
|
Both
Hands or Both Feet
|
100%
|
Sight
of Both Eyes
|
100%
|
One
Hand and One Foot
|
100%
|
One
Hand and the Sight of One Eye
|
100%
|
One
Foot and the Sight of One Eye
|
100%
|
Speech
and Hearing in Both Ears
|
100%
|
One
Hand or One Foot
|
50%
|
Sight
of One Eye
|
50%
|
Speech
or Hearing in Both Ears
|
50%
|
Hearing
in One Ear
|
25%
|
Thumb
and Index Finger of Same Hand
|
25%
|
Quadriplegia
|
100%
|
Paraplegia
|
50%
|
Hemiplegia
|
25%
|
Loss
of a hand or foot means complete severance through or
above the wrist of
ankle joint. Loss of sight of an eye means total and
irrecoverable loss of
the entire sight in that eye. Loss of hearing in an ear means
total and irrecoverable loss of that entire ability to
hear in that
ear. Loss of speech means total and irrecoverable loss of
the
entire ability to speak. Loss of thumb and index finger means
complete severance through or above the metacarpophalangeal
joint of both
digits.
|
||
|
||
If
more than one loss or paralysis is sustained by a Covered
Person as a
results of the same accident, only one amount, the largest,
will be
paid.
|
||
B.
|
ACCIDENT
INSURANCE EXCLUSIONS
|
|
|
||
No
coverage shall be provided under this endorsement and
no payment shall be
made for any loss resulting in whole or in part from,
or contributed to
by, or as a natural and probable consequence of any of
the following
excluded risks even if the proximate or precipitating
cause of the loss is
an accidental bodily injury:
|
||
1.
|
suicide
or any attempt at suicide or intentionally self-inflicted
injury or any
attempt at intentionally self-inflicted injury or any
autoeroticism.
|
|
2.
|
sickness
or disease, or mental incapacity or bodily infirmity
whether the loss
results directly or indirectly from any of
these.
|
3
|
the
Covered Person’s commission of or attempt to commit a
crime.
|
||
4.
|
declared
or undeclared war, or any act of declared or undeclared
war regardless of
whether the Policy to which this endorsement is attached
provides such
coverage.
|
||
5.
|
infections
of any kind regardless of how contracted, except bacterial
infections that
are directly cause by botulism, ptomaine poisoning or an
accidental cut or
wound independent and in the absence of any underlying
sickness, disease
or condition including but not limited to diabetes.
|
||
6.
|
participation
in any team sport or any other athletic activity.
|
||
7.
|
full-time
active duty in the armed forces, National Guard or organized
reserve corps
of any country or international authority, (Loss caused
while on
short-term National Guard or reserve duty for regularly
scheduled training
purposes is not excluded).
|
||
8.
|
travel
of flight in or on (including getting in or out of, or
on or off of) any
vehicle used for aerial navigation, if the Covered Person
is:
|
||
a)
|
riding
as a passenger in any aircraft not intended or licensed
for the
transportation of passengers; or
|
||
b)
|
performing,
learning to perform or instructing others to perform as
a pilot or crew
member of any aircraft; or
|
||
c)
|
riding
as a passenger in an aircraft owned, leased or operated
by the Named
Insured or the Covered Person’s employer.
|
||
9.
|
the
Covered Person being under the influence of
intoxicants.
|
||
10.
|
the
Covered Person being under the influence of drugs unless
taken under the
advice of and as specified by a Physician.
|
||
11.
|
the
medical or surgical treatment of sickness, disease, mental
incapacity or
bodily infirmity whether the loss results directly of indirectly
from the
treatment.
|
||
12.
|
stroke
or cerebrovascular accident or event: cardiovascular accident
or event;
myocardial infraction or heart attach; coronary thrombosis;
aneurysm.
|
||
13.
|
the
Covered Person riding in or driving any type of motor vehicle
as part of a
speed contest or scheduled race, including testing such
vehicle on a
track, speedway or proving ground.
|
C.
|
ACCIDENT
INSURANCE LIMITATIONS
|
Accident
Insurance Aggregate Limit – The maximum amount payable under the
Accidental Death and Dismemberment and Paralysis Benefit
may be reduced if
more than one Covered Person suffers a loss or paralysis
as a result of
the same occurrence. The maximum amount payable for all such
losses and types of paralysis for all Covered Person will
not exceed the
amount shown as the Accident Insurance Aggregate Limit
in the
Schedule. If the combined maximum amount otherwise payable for
all Covered Persons must be reduced to comply with this
provision, the
reduction will be taken by applying the same percentage
of reduction to
the individual maximum amount otherwise payable for each
Covered Person
for all such losses and types of paralysis. The Accident
Insurance Aggregated Limit is in addition to the Policy’s General
Aggregate Limit.
|
Accident
Insurance Reduction Schedule –
The amount payable for a loss will
be reduced if a Covered Person is age 70 or older on the
date of the
accident causing the loss. The amount payable for that
Covered Person’s
loss is a percentage of the amount that would otherwise
be payable,
according to the following
schedule:
|
AGE
ON DATE OF ACCIDENT
|
PERCENTAGE
OF AMOUNT OTHERWISE PAYABLE
|
70-74
|
65%
|
75-79
|
45%
|
80-84
|
30%
|
85
and older
|
15%
|
Premium for a Covered Person age 70 or older is based on 100% of the coverage that would be in effect if the Covered Person were under age 70. | ||
“Age” as used above refers to the age of the Covered Person on the Covered Person’s most recent birthday, regardless of the actual time of birth. |
D.
|
ACCIDENT
INSURANCE DEFINITIONS
|
Covered
Activity (ies) –
means these activities set out as Covered
Activity (ies) in the Schedule with respect to which Covered
Persons are
provided coverage under this endorsement.
|
|
Covered
Person –
means a person: (1) who is a member of an eligible
class
of persons as described in the Classification of Eligible
Persons section
of the Schedule; and (2) while such person’s coverage under this
endorsement is in force.
|
|
Covered
Premises –
means that physical building location of all premises
owned by, rented to, or leased by the Named Insured located
inside the
U.S., its territories and possessions, Puerto Rico and
Canada (including
parking lots next to buildings that are maintained by the
Named Insuraed).
Covered Premises does not include any vehicle or mode of
transportation
once it has left the premises of the Named Insured. For
construction “wrap-up” business Covered Premises is deemed to be the
physical project worksite location(s) covered in the policy
during the
project term.
|
|
Named
Insured
– means the Names Insured shown in the Declarations
of the
policy to which this endorsement is attached.
|
|
Hemiplegia
–
means the complete and irreversible paralysis of the upper
and lower Limbs
of the same side of the body.
|
|
Immediate
Family Member
– means a person who is related to the Covered
Person in any of the following ways: spouse, brother-in-law,
sister-in-law, daughter-in-law, mother-in-law, father-in-law,
parent
(includes stepparent), brother or sister (includes stepbrother
or
stepsister), or child (includes legally adopted or
stepchild).
|
|
Injury
–
means an injury to the body: (1) which is sustained as
a direct result of
an unintended, unanticipated accident that is external
to the body and
that occurs while the injured person’s accident coverage is in force; (2)
which occurs under the circumstances described in a Covered
Activity
applicable to that person; and (3) which directly (independent
of
sickness, disease, mental incapacity, bodily infirmity
or any other cause)
causes a covered loss under this endorsement.
|
|
Limb
– means entire arm or entire leg.
|
|
Paraplegia
– means the complete and irreversible paralysis
of both lower
Limbs.
|
Physician
– means a licensed practitioner of the healing arts
acting within
the scope of his or her license who is not: (1) the Covered
Person; (2) an
Immediate Family Member; or (3) retained by the Named
Insured.
|
|
Quadriplegia
–
means the complete and irreversible paralysis
of both upper and
both lower Limbs.
|
|
Schedule
–
means the Accident Insurance Declarations section
of this
endorsement.
|
E.
|
ACCIDENT
INSURANCE CLAIMS
PROVISIONS
|
Notice
of Claim.
Written notice of a claim for benefits must be
given to
us within 20 days after a Covered Person’s loss, or as soon thereafter as
reasonably possible. Such written notice given by or on behalf
of the claimant to us in care of AIG Claim Services, P.O.
Box 15701,
Wilmington, DE 19850-5701, or by calling 1-800-551-0824
with information
sufficient to identify the Covered Person, is deemed notice
to
us.
|
|
Claims
Forms.
We will send claim forms to the claimant upon
receipt of a
written notice of claim. If such forms are not sent within 15
days after the giving of notice of a claim, the claimant
will be deemed to
have met the proof of loss requirements upon submitting,
within the time
fixed herein for filing proof of loss, written proof covering
the
occurrence, the character and the extent of the loss for
which claim is
made. The notive should include the Covered Person’s name, the
Named Insured’s name and the Policy number.
|
|
Proof
of Loss.
Written proof of loss must be furnished to us
within 90 days after the date of the loss. Failure to furnish
proof within the time required neither invalidates nor
reduces any claim
if it was not reasonably possible to give proof within
such time, provided
such proof is furnished as soon as reasonably possible
and in no event,
except in the absence of legal capacity of the claimant,
later than one
year from the time proof is otherwise required.
|
|
Payment
of Claims.
Upon receipt of due written proof of death,
payment for loss of life of a Covered Person will be made,
in equal
shares, to the survivors in the first surviving class of
those that
follow: the Covered Person’s (1) spouse; (2) children; (3) parents; or (4)
brothers and sisters. If no class has a survivor, the
beneficiary is the Covered Person’s estate.
|
|
Upon
receipt of due written proof of loss, payments for all
losses, except loss
of life, will be made to (or on behalf of, if applicable)
the Covered
Person suffering the loss. If a Covered Person dies before all
payments have been made, the amount still payable will
be paid as
described above for loss of life.
|
|
If
any payee is a minor or in not competent to give a valid
release for the
payment, the payment will be made to the legal guardian
of the payee’s
property. If the payee has no legal guardian for his or her
property, a payment not exceeding $1,000 may be made, at
our option, to
any relative by blood or connection by marriage of the
payee, who, in our
opinion, has assumed the custody and support of the minor
or
responsibility for the incompetent person’s affairs.
|
|
Any
payment we make in good faith fully discharges our liability
to the extent
of the payment made.
|
|
Time
of Payment of Claims –
Benefits payable for any loss will be paid
immediately upon our receipt of due written proof of the
loss.
|
|
Physical
Examination and Autopsy –
We at our own expense have the right
and opportunity to examine the person of any individual
whose loss is the
basis of claim hereunder when and as often as we may reasonably
require
during the pendency of the claim and to make an autopsy
in case of death
where it is not forbidden by law.
|
F.
|
ACCIDENT
INSURANCE CLAIMS PROVISIONS
|
|
|
Accident
Insurance Termination Date.
This coverage terminates
automatically on the date the Policy terminates. Termination
takes effect
at 12:01 AM Standard Time at the address of the Named Insured
on the date
of termination.
|
|
|
|
Covered
Person’s Effective Date.
A Covered Person’s coverage under this
endorsement begins on the latest of: (1) the Accident Insurance
Effective
Date; (2) the date the person becomes a member of an eligible
class of
person as described in the Classification of Eligible Persons
section of
the Schedule; or (3) the date the appropriate premium is
paid for the
Covered Person.
|
|
|
|
Covered
Person Termination Date.
A Covered Person’s coverage under this
endorsement ends on the earliest of: (1) the date the Policy
is
terminated; (2) the date this endorsement is terminated;
or (3) the date
the Covered Person ceases to be a member of any eligible
class of persons
as described in the Classification of Eligible Persons section
of the
Schedule.
|
|
|
|
Termination
of coverage will not affect a claim for a covered loss that
occurred while
the Covered Person’s coverage under this endorsement was in
force.
|
1.
|
The
attached bond is hereby amended by deleting Section 12.,
Termination or
Cancellation, in its entirety and substituting the
following:
|
|
|
||
The
Underwriter may terminate this bond as an entirety by furnishing
written
notice specifying the termination date which cannot be prior
to 90 days
after the receipt of such written notice by each Investment
Company named
as Insured and the Securities and Exchange Commission, Washington,
D.C.
The Insured may terminate this bond as an entirety by furnishing
written
notice to the Underwriter. When the Insured, cancels, the
Insured shall
furnish written notice to the Securities and Exchange Commission,
Washington D.C. prior to 90 days after the effective date
of the
termination. The Underwriter shall notify all other Investment
Companies
named as the Insured of the receipt of such termination notice
and the
termination cannot be effective 90 days after the receipt
of written
notice by all other Investment Companies. Premiums are earned
until the
termination date as set forth herein.
|
||
|
||
This
bond will terminate as to any one Insured, (other than a
registered
management investment company), immediately upon taking over
of such
Insured by a receiver or other liquidator or by State or
Federal
officials, or immediately upon the filing of a petition under
any State or
Federal statute relative to bankruptcy or reorganization
of the Insured;
or assignment for the benefit of creditors of the Insured,
or immediately
upon such Insured ceasing to exist, whether through merger
into another
entity, or by disposition of all its assets.
|
||
|
||
This
bond will terminate as to any registered management investment
company
upon the expiration of 90 days after written notice has been
given to the
Securities and Exchange Commission, Washington D.C.
|
||
|
||
The
Underwriter shall refund the unearned premium computed at
short rates in
accordance with the standard short rate cancellation tables
if termination
by the Insured or pro rata terminated for any other
reason.
|
||
|
||
This
bond shall terminate
|
||
|
||
a.
|
as
to any Employee as soon as any partner, officer or supervisory
Employee of
the Insured who is not in collusion with such Employee, shall
learn of any
dishonest or fraudulent act(s), including Larceny or Embezzlement
on the
part of such Employee without prejudice to the loss of any
Property then
in transit in the custody of such Employee and upon the expiration
of
ninety (90) days after written notice has been given to the
Securities and
Exchange Commission, Washington D.C. and to the Insured Investment
Company, or
|
|
|
||
b.
|
as
to any Employee 90 days after receipt by each Insured and
by the
Securities and Exchange Commission of a written notice from
the
Underwriter of its desire to terminate this bind as to such
Employee,
or
|
c.
|
As
to any person, who is a partner, officer, or employee of
any Electronic
Data Processor covered under this bond, for and after the
time that the
Insured or any partner or officer thereof not in collusion
with such
person shall have knowledge or information that such person
has committed
any dishonest or fraudulent act(s), including Larceny or
Embezzlement in
the service of the Insured or otherwise, whether such act
be committed
before or after the time this bond is effective and upon
the expiration of
ninety (90) days after written notice has been given to
the Securities and
Exchange Commission, Washington D.C. and to the Insured
Investment
Company.
|
|
|
||
2.
|
Nothing
herein contained shall be held to vary, alter, or waive,
or extend any of
the terms, limitations, conditions, or provisions of the
attached bond
other than as above stated.
|
|
|
||
3.
|
This
Rider is effective as of 12:01 on
10/02/2007.
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
Authorized
Representative OR
|
||
|
|
|
|
Countersignature
(In states where applicable)
|
|
|
|
/s/
Zhiyong Xu
|
|
Zhiyong
Xu
|
|
|
|
|
|
/s/
Liang Liao
|
|
Liang
Liao
|
|
|
|
|
|
/s/
Zhongping Wang
|
|
Zhongping
Wang
|
|
|
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