CONDITIONS
AND LIMITATIONS
DEFINITIONS
Section 1.
As used in this bond:
a)
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Acceptance
means a draft which the
drawee has, by signature written thereon, engaged
to honor as
presented.
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b)
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Certificate
of Deposit means an
acknowledgment in writing by a financial institution
of receipt of Money
with an engagement to repay it.
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c)
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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.
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d)
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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:
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1)
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represented
by an instrument
issued in bearer or registered form;
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2)
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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
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3)
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either
one of a class or series or
by its terms divisible into a class or series of
shares, participations,
interests or obligations.
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e)
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Counterfeit
means an imitation of
an actual valid original which is intended to deceive
and to be taken as
the original.
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f)
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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.
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g)
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Employee
means:
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1)
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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;
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2)
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an
attorney retained by the
Insured and an employee of such attorney while either
is performing legal
services for the Insured;
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3)
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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;
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4)
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an
employee of an institution
merged or consolidated with the Insured prior to
the effective date to
this bond; and
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5)
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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.)
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h)
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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
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i)
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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.
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j)
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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.
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k)
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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.
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l)
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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.
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m)
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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.
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n)
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Money
means a medium of exchange
in current use authorized or adopted by a domestic
or foreign government
as a part of its currency.
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o)
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Negotiable
Instrument means any
writing
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1)
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signed
by the maker or drawer;
and
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2)
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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
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3)
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is
payable on demand or at a
definite time; and
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4)
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is
payable to order or
bearer.
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p)
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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.
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q)
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Security
Agreement means an
agreement which creates an interest in personal property
or fixtures and
which secures payment on performance of an
obligation.
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r)
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Statement
of Uncertificated
Security means a written statement of the Issuer
of an Uncertificated
Security containing:
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1)
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a
description
of the issue of which
the Uncertificated Security is a part;
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2)
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the
number of shares or
units;
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a)
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transferred
to the registered
owner;
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b)
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pledged
by the registered owner to
the registered pledgee;
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c)
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released
from pledge by the
registered pledgee;
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d)
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registered
in the name of the
registered owner on the date of the statement;
or
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e)
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subject
to pledge on the date of
the statement;
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3)
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the
name and address of the
registered owner and registered
pledgee;
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4)
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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
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5)
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the
date;
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a)
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the
transfer of the shares or
units to the new registered owner of the shares or
units was
registered;
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b)
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the
pledge of the registered
pledgee was registered, or
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c)
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of
the statement, if it is a
periodic or annual
statement.
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s)
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Transportation
Company means any
organization which provides its own or leased vehicles
for transportation
or which provides freight forwarding or air express
services.
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t)
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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:
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1)
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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;
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2)
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of
a type commonly dealt in on
securities exchanges or markets; and
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3)
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either
one of a class or series or
by its terms divisible into a class or series of
shares, participators,
interests or obligations.
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u)
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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.
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EXCLUSIONS
Section
2. This bond does not cover:
a)
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loss
resulting directly or
indirectly from forgery or alteration, except when
covered under Insuring
Agreements (A), (D), (E) or (F);
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b)
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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;
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c)
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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;
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d)
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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;
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e)
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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);
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f)
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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);
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g)
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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);
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h)
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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
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i)
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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);
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j)
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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;
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k)
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loss
resulting directly or
indirectly from the use or purported use of credit,
debit, charge, access,
convenience, identification, cash management or other
cards
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1)
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in
obtaining credit or funds,
or
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2)
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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
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3)
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in
gaining access to point of sale
terminals, customer-bank communication terminals,
or similar electronic
terminals of electronic funds transfer
systems.
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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);
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l)
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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)
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1)
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as
a result of damage to such
automated mechanical devices from vandalism or malicious
mischief
perpetrated from outside such office, or
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2)
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as
a result of failure of such
automated mechanical devices to function property,
or
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3)
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through
misplacement or mysterious
unexplainable disappearance while such Property is
located within any such
automated mechanical devices, except when covered
under Insuring Agreement
(A);
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m)
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loss
through the surrender of
Property away from an office of the Insured as a
result of a
threat
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1)
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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
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2)
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to
do damage to the premises or
property of the Insured, except when covered
under Insuring Agreement
(A);
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n)
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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);
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o)
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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);
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p)
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loss
resulting directly or
indirectly from counterfeiting, except when covered
under Insuring
Agreements (A), (E) or (F);
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q)
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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);
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r)
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loss
of Property
while
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1)
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in
the mail,
or
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2)
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in
the custody of any
Transportation Company, unless covered under insuring
Agreement
(C)
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except
when covered under Insuring Agreement
(A);
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s)
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potential
income, including but
not limited to interest and dividends, not realized
by the Insured or by
any customer of the Insured;
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t)
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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;
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u)
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all
fees, costs and expenses
incurred by the Insured
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1)
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in
establishing the existence of
or amount of loss covered under this bond, or
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2)
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as
a party to any legal proceeding
whether or not such legal proceeding exposes the
insured to loss covered
by this bond;
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v)
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indirect
or consequential loss of
any nature;
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w)
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loss
resulting from any violation
by the Insured or by any Employee
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1)
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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
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2)
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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;
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x)
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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);
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y)
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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);
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z)
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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.
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DISCOVERY
Section
3. This bond applies to loss discovered by the Insured during
the Bond Period.
Discovery occurs when the Insured first becomes aware of facts
which would cause
a reasonable person to assume that
a
loss of a type covered by this
bond has been or will be incurred, regardless of when the act
or acts causing or
contributing to such loss occurred, even though the exact amount
or details of
loss may not then be known.
Discovery
also occurs when the Insured receives notice of an actual or
potential claim in
which it is alleged that the Insured is liable to a third party
under
circumstances which, if true, would constitute a loss under
this
bond.
LIMIT
OF
LIABILITY
Section
4.
Aggregate
Limit of Liability
The
Underwriter’s total liability for all losses discovered during the Bond
Period
shown in item 2 of the Declarations shall not exceed the Aggregate Limit
of
Liability shown in item 3 of the Declarations. The Aggregate
Limit of Liability
shall be reduced by the amount of any payment made under the
terms of this
bond.
Upon
exhaustion of the Aggregate Limit of Liability by such payments:
a)
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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
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b)
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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.
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The
Aggregate Limit of Liability shall not be increased or reinstated
by any
recovery made and applied in accordance with subsections (a),
(b) and (c) of
Section 7. In the event that a loss of Property is settled
by the Underwriter
through the use of a lost instrument bond, such loss shall
not reduce the
Aggregate Limit of Liability.
Single
Loss Limit of Liability
Subject
to the Aggregate Limit of Liability, the Underwriter’s liability for each Single
Loss shall not exceed the applicable Single Loss Limit of Liability
shown In
Item 4 of the Declarations. If a Single Loss is covered under more
than one
Insuring Agreement or Coverage, the maximum payable shall not
exceed the largest
applicable Single Loss Limit of Liability.
Single
Loss Defined
Single
Loss means all covered loss, including court costs and attorneys’ fees incurred
by the Underwriter under General Agreement F, resulting from
a)
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any
one act or series or related
acts of burglary, robbery or attempt thereat, in
which no Employee is
implicated, or
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b)
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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
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c)
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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
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d)
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any
one casualty or event not
specified in (a), (b) or
(c) preceding.
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NOTICE/PROOF-LEGAL
PROCEEDINGS
AGAINST
UNDERWRITER
Section
5.
a)
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At
the earliest practicable
moment, not to exceed 30 days, after discovery
of loss, the Insured shall
give the Underwriter notice thereof.
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b)
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Within
6 months after such
discovery, the Insured shall furnish to the Underwriter
proof of loss,
duly sworn to, with full particulars.
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c)
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Loss
certified Securities listed
in a proof of loss shall be identified by certificate
or bond numbers if
such securities were issued therewith.
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d)
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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.
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e)
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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.
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f)
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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.
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VALUATION
Section
6. Any loss of Money, or loss payable in Money, shell be paid,
at the option of
the Insured, in the Money of the country in which the loss
was sustained or in
the United States of America dollar equivalent thereof determined
at the rate of
exchange at the time of payment of such loss.
Securities
The
Underwriter shall settle in kind its liability under this bond
on account of a
loss of any securities or, at the option of the Insured, shall
pay to the
Insured the cost of replacing such securities, determined by
the market value
thereof at the time of such settlement. However, if prior to
such settlement the
Insured shall be compelled by the demands of a third party
or by market rules to
purchase equivalent securities, and gives written notification
of this to the
Underwriter, the cost incurred by the Insured shall be taken
as the value of
those securities. In case of a loss of subscription, conversion
or redemption
privileges through the misplacement or loss of securities,
the amount of such
loss shall be the value of such privileges immediately preceding
the expiration
thereof. If such securities cannot be replaced or have no quoted
market value,
or if such privileges have no quoted market value, their value
shall be
determined by agreement or arbitration.
If
the
applicable coverage of this bond is subject to a Deductible
Amount and/or is not
sufficient in amount to indemnify the Insured in full for the
loss of securities
for which claim is made hereunder, the liability of the Underwriter
under this
bond is limited to the payment for, or the duplication of,
so much of such
securities as has a value equal to the amount of such applicable
coverage.
Books
of
Account and Other Records
In
case
of loss of, or damage to, any books of account or other records
used by the
Insured in its business, the Underwriter shall be liable under
this bond only if
such books or records are actually reproduced and then for
not more than the
cost of the blank books, blank pages or other materials plus
the cost of labor
for the actual transcription or copying of data which shall
have been furnished
by the Insured in order to reproduce such books and other records.
Property
Other Than Money, Securities or Records
In
case
or loss of, or damage to, any Property other than Money, securities,
books of
account or other records, or damage covered under Insuring
Agreement (B)(2), the
Underwriter shall not be liable for more than the actual cash
value of such
Property, or of items covered under Insuring Agreement (B)(2).
The Underwriter
may, at its election, pay the actual cash value of, replace
or repair such
property. Disagreement between the Underwriter and the Insured
as to the cash
value or as to the adequacy of repair or replacement shall
be resolved by
arbitration.
ASSIGNMENT-SUBROGATION-RECOVERY-COOPERATION
Section
7.
a)
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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.
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b)
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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.
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c)
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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.
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d)
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Upon
the Underwriter’s request and
at reasonable times and places designated by the
Underwriter the Insured
shall
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1)
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submit
to examination by the
Underwriter and subscribe to the same under oath;
and
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2)
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produce
for the Underwriter’s
examination all pertinent records; and
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3)
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cooperate
with the Underwriter in
all matters pertaining to the
loss.
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e)
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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.
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LIMIT
OF
LIABILITY UNDER THIS BOND AND PRIOR INSURANCE
Section
8. With respect to any loss set forth in sub-section (c) of Section 4
of this bond which is recoverable or recovered in whole or
in part under any
other bonds or policies issued by the Underwriter to the Insured
or to any
predecessor in interest of the Insured and terminated or canceled
or allowed to
expire and in which the period for discovery
has
not expired at the
time any such loss thereunder is discovered, the total liability
of the
Underwriter under this bond and under such other bonds or policies
shall not
exceed, in the aggregate, the amount carried hereunder on such
loss or the
amount available to the Insured under such other bonds or policies,
as limited
by the terms and conditions thereof, for any such loss if the
latter amount be
the larger.
If
the
coverage of this bond supersedes in whole or in part the coverage
of any other
bond or policy of insurance issued by an Insurer other than
the Underwriter and
terminated, canceled or allowed to expire, the Underwriter,
with respect to any
loss sustained prior to such termination, cancelation or expiration
and
discovered within the period permitted under such other bond
or policy for the
discovery of loss thereunder, shall be liable under this bond
only for that part
of such loss covered by This bond as is in excess of the amount
recoverable or
recovered on account of such loss under such other bond or
policy, anything to
the contrary in such other bond or policy notwithstanding.
OTHER
INSURANCE OR INDEMNITY
Section
9. Coverage afforded hereunder shall apply only as excess over
any valid and
collectible insurance or indemnity obtained by the Insured,
or by one other than
the Insured on Property subject to exclusion (q) or by a Transportation
Company,
or by another entity on whose premises the loss occurred or
which employed the
person causing the loss or the messenger conveying the Property
involved.
OWNERSHIP
Section
10. This bond shall apply to loss of Property (1) owned by
the insured,
(2) held by the Insured in any capacity, or (3) for which the Insured
is legally liable. This bond shall be for the sole use and
benefit of the
insured named in the Declarations.
DEDUCTIBLE
AMOUNT
Section
11. The Underwriter shall be liable hereunder only for the
amount by which any
single loss, as defined in Section 4, exceeds the Single Loss Deductible
amount for the Insuring Agreement or Coverage applicable to
such loss, subject
to the Aggregate Limit of Liability and the applicable Single
Loss Limit of
Liability.
The
Insured shall, in the time and in the manner prescribed in
this bond, give the
Underwriter notice of any loss of the kind covered by the terms
of this bond,
whether or not the Underwriter is liable therefor, and upon
the request of the
Underwriter shall file with it a brief statement giving the
particulars
concerning such loss.
TERMINATION
OR CANCELATION
Section
12. This bond terminates as an entirety upon occurrence of
any of the following;
-(a) 60 days after the receipt by the Insured of a written
notice from the
Underwriter of its desire to cancel this bond, or (b) immediately
upon the
receipt by the Underwriter of a written notice from the Insured
of its desire to
cancel this bond, or (c) immediately upon the taking over of
the insured by a
receiver or other liquidator or by State or Federal officials,
or (d)
immediately upon the taking over of the Insured by another
institution, or (e)
immediately upon exhaustion of the Aggregate Limit of Liability,
or (f)
immediately upon expiration of the Bond Period as set forth
in Item 2 of the
Declarations.
This
bond
terminates as to any Employee or any partner, officer or employee
of any
Processor -(a) as soon as any Insured, or any director or officer
not in
collusion with such person, learns of any dishonest or fraudulent
act committed
by such person at any time, whether in the employment of the
Insured or
otherwise, whether or not of the type covered under Insuring
Agreement (A),
against the Insured or any other person or entity, without
prejudice to the loss
of any Property then in transit in the custody of such person,
or (b) 15 days
after the receipt by the insured of a written notice from the
Underwriter of its
desire to cancel this bond as to such person.
Termination
of the bond as to any Insured terminates liability for any
loss sustained by
such Insured which is discovered after the effective date of
such
termination.
This
bond
shall not be valid unless countersigned on the Declarations
by a duly authorized
representative of the Underwriter.
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Secretary
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Chairman
of the Board and CEO
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RIDER
This
rider, effective on 10/02/2007 after 12:01 am. To be attached
to and form part
of Financial Institution Bond, Standard Form No. 24, No. 0170744
In
favor
of CHINA FINANCE, INC.
MINIMUM
EARNED PREMIUM
In
the
event that this policy is terminated or cancelled prior to
the expiration of the
policy period for any reason other than cancellation by the
Underwriter, it is
agreed that the premium charged shall be $8,782 earned upon
the inception of the
policy, or computed in accordance with the customary short-rate
table and
procedure, whichever is greater.
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Authorized
Representative OR
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Countersignature
(In states where applicable)
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RIDER
This
rider, effective on 10/02/2007 after 12:01 am. To be attached
to and form part
of Financial Institution Bond, Standard Form No. 24, No. 0170744
In
favor
of CHINA FINANCE, INC.
NON
STATUTORY BOND RIDER
This
Bond
is not issued pursuant to, nor should it be construed as providing
coverages in
conformity with, any statutory requirements for Bonding or
Fidelity
coverages.
(a) to
determine whether the terms, conditions and other provisions,
contained in the
Bond meet
(i)
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any statutory obligation which may be required of
the Insured to maintain
Bonding or Fidelity coverages;
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(ii)
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the requirements of any other party having an interest
or requiring that
Bonding or Fidelity coverages be maintained whether
as to amount or
otherwise;
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(b) to
obtain from other insures any additional or alternative coverages
required of
the Insured by virtue of any such obligations or requirements.
Additional
or alternative coverages may be available by endorsement to
this Bond subject to
Underwriters’ prior approval and consent, and subject to the payment of any
additional premium the Underwriters may require.
All
other
terms and conditions of the Bond remaining unchanged.
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Authorized
Representative OR
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Countersignature
(In states where applicable)
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RIDER
This
rider, effective on 10/02/2007 after 12:01 am. To be attached
to and form part
of Financial Institution Bond, Standard Form No. 24, No. 0170744
In
favor
of CHINA FINANCE, INC.
REGULATORY
REPORTING RIDER
It
is
agreed that:
If
the
Insured shall, while this bond is in force, receive a report
of examination, be
notified of any criticism, action, requirement, operating constraint,
special
situation agreement, memorandum of understanding, cease and
desist order or any
other item similar in nature or equivalent to any of the aforementioned
from any
state or federal regulatory agency or agencies for financial
institutions, the
Insured shall within 30 days give written notice to the Underwriter
setting
forth fullest details concerning such matters.
All
other
terms and conditions of the Bond remaining unchanged.
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Authorized
Representative OR
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Countersignature
(In states where applicable)
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RIDER
This
rider, effective on 10/02/2007 after 12:01 am. To be attached
to and form part
of Financial Institution Bond, Standard Form No. 24, No. 0170744
In
favor
of CHINA FINANCE, INC.
SERVICE
OF SUIT CLAUSE
In
the
event of failure of the Company to pay any amount claimed to
be due hereunder,
the Company, at the request of the insured, will submit to
the jurisdiction of a
court of competent jurisdiction within the United States. Nothing
in this
condition constitutes or should be understood to constitute
a waiver of the
Company’s rights to commence an action in any court of competent jurisdiction
in
the United States to remove an action to a United States District
Court or seek
a transfer of a case to another court as permitted by the laws
of the United
States or of any state in the United States. It is further
agreed that service
of process in such suit may be made upon Counsel, Legal Department,
Lexington
Insurance Company, 100 Summer Street, Boston, MA 02110-2103,
or his or her
representative, and that in any suit instituted against the
Company upon this
policy, the Company will abide by the final decision of such
court or of any
appellate court in the event of an appeal.
Further,
pursuant to any statute of any state, territory, or district
of the United
States which makes provision therefore, the Company hereby
designates the
Superintendent, Commissioner or Director of Insurance, or any
other officer
specified for the purpose in the statute, or his or her successor
or successors
in office as its true and lawful attorney upon whom may be
served any lawful
process in any action, suit, or proceeding instituted by or
on behalf of the
Insured or any beneficiary hereunder arising out of this policy
of insurance and
hereby designates the above named Counsel as the person to
whom the said officer
is authorized to mail such process or a true copy thereof.
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Authorized
Representative OR
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Countersignature
(In states where applicable)
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