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rTlciti d. :.:ha Obl <br />t igae an sustain any tors or losses covered by this bond which exceed the amount of coverage i <br />j; provided by th1Y band, the Qbligea shall be enti::ed to alt recoveties, except hum surotyahip, insurance, reinsurance, security <br />1 or Indemnity taken by or fot the beneAt of the Aurety, by whomsoever made, on a=unt of such loss o: losses under this <br />bond until NllIy itimbnraed, leas the actual cast of effecting the same: and less the amount of the deductible carved on the <br />Employee causing such loss or lessed; and arty remainder shall be applied to the reimbursement of the Surety. <br />CANCELLATION AS TO ANY EMPLOY&& <br />SECTION 10. This bond shall be deemed cancelled as ra any Employee; (a) immediataly upon discovery by the Obligati, or , <br />i by any partner or officer thereof not in arilusion with such Employee, of any fraudulent or dishonest act on the part of retch <br />Employee; or (b) at 12:00 o'clock night, standard time, upon the effective date specified in s written notice Served upon the <br />Obliges or sent by latiL Such da4, it tlta nodea be served, shall be not leas than ten M) days After such service, or, U sent <br />by mail, not loss than tlf400n (15) days attar the paailing. The mailing by Surety of notice, as aforesaid, to the Obliges at Ita ' <br />principal cfflce shall be sufficient proof of notice, <br />1 ; CANC$iL.i.AT1ON AS TO BOND IN 1'I'9 RNT1RETyr <br />` SECTION 11. This bond shall be deemed cancelled, in its ontlrety at 12,W o'cloclt night, standard tirna, upon the sf? active <br />I' data specified In a written notice served by the Oblige* upon the Surety or by the Surety upon the Ohligss, or seat by mail, <br />Such dots, it tha nonce bs served by the Surety, shalt be not less than ten (10) day* after such service, or if sent by tthe <br />Surety by mail, not lest than fifteen (15) days after the data of mailing. The malting by the Surety of soots, as sforessid, to <br />the Obligee at its principal office shall be suf icieset picat of notice. The Surety sha11 reftind to the Oblige* '.he unearned <br />pratnlum computed pro rata If thle bond be caacelfod at the instsnca of the Surety, or at short tataa it cancelled of reduced at <br />the inatanca of the f+b44ee. <br />PRIOR YRa1iJI2, DISHONESTY OR CAMCELLATION: } <br />SECTION 11 No Employee, to the best of the knowtedga of the Obligea, or of any partner or offloer thereof not ih collusion I <br />with such Employee, has committed any fraudulent or dishonest act In the service of the Obligee or otherwise. If prior to the <br />liauance of this bond, any Adelity insuraacs in favor of the Obliges or any predecessor in interest of the Obligee and <br />covering one or more cif the Obligee's Employsee shall have seen C"C4114d as to any of Such Employees by reason of (a) the { <br />discovery of any llraudulont or dishon4st act on the part of such Employees, or (b)'the giving of written no tics of casoellatlan (I <br />by the inaurer issuing said fidelity insurance, whether the Surety er nit, and if such Employees shall not have b"a <br />f ,eir,atetad under fhb ;overage o f said fidelity insurance or supermelin; ndelity inset ants, the Surety shall not bs liable <br />urxier this bond on account of such Employees unless the Surety shall sea* in writing to !nclude such Employees within the <br />coverage of this bond. <br />LOSS - NOTICE • PROOF • LEGAL PRCCREDING$ 1 <br />SECTION 13, At the earll.ast practical Moment, and et all events not later than fifteen (.6) days after discovery of s.r..f <br />fraudulent or dishonest act on the part of any Eraployat by the Obliges, cr by any partner or officer thereof not in collusion <br />with such Employee, the Obligee shall give the Surety written notice thereof and within four (4) months agar such discovery i 1 <br />shall 5le with the Surety afbrtnative proof of Ica, itemized and duly swofr, to, and shall upon request of this Surety render <br />every assistanes, not pecuniary, w facilltata the investigation and adjustment of any loss. No Suit to recovet on ssceunt of <br />loss under this 'bond shall be braaght before the axpiratina of two (3l months from the filing of picas as aforesaid on account <br />' of such lore nor after the expiration of twelve ;12) months nom the discovery as aloresald of the tlaedulont or dishonest act <br />awing #tsar less. if any li;nitatkn is this bond for giving notice, filing c16 1m or bringing Suit is prohibited or made void by <br />any law controlling the Construction of :'pis bond, such limitation #hall be deemed to be amended so as to be equal to the <br />minimum period of litnitation permitted by such law. <br />i <br />TZ PORARY EMPL4DYI' M <br />SECTION 14, The Obligee shall not st any time while this bond is in force direct say tgtnporary employes(s) to any <br />f subscriber's ymmisse unismi such persona) ielare accompanied by a tbreman who le in the regular employ of tine Oblipa. For <br />purposes of this restriction, any person who works less than the normal workInr hours established by his emp+oyer or i <br />Cihervrise fails to Meet the dsAnition of "imp'4ya4" above u considered a temporary employee. <br />EXCLUSIONS, i <br />SECT OK 1E. This bond doss riot apply to loss that is an .redirect result of any act or too$ caused by or involving one (1) or <br />more B.usployssa, wheths: the result of a single act or series of acts, covered by this iasurance including, Out not limited to, <br />Ices resulting from <br />a. The Obligee's Inability to rsallia income :hat *could have been realised had there bean no loss covered by this bond. <br />b. Payawnt ofdamagoe of any type fbr which the Obliges Is legally lisbie. Compensatory damages arising directly i`om <br />a coveted toss will be paid. <br />c. Paymerit of costs, fesa, or other axp4nsea Incurred by the Cbligse la establishing either tiro suistenee or the ►mount <br />of loan under this bond. <br />This bond does not apply to expenses !sated to any legal action. <br />OTHER INSURANCFs <br />SECTION 16. This bond does not apply to loss recoverable or recovered under other ,r%Aurance or Indemnity. ]However, if the . <br />lim;t of the other,insurana or lademnity is insufficient to raver the entire Amount of the loss, this bond will apply to that <br />Part of the loss, other than that falling within any Deductible Asnount, not recoverable or rs4ov4red under the other <br />insurance or U%dsmnity, but not for more than the amount of indemnity as stated above. <br />DATED august 31 1993 <br />, <br />I" <br />WESTERN r C0M °ANY <br />Pruldeac <br />I <br />— ,THi 207— <br />