Item
1.
|
Name
of Insured:
|
Aberdeen
Global Income Fund Inc.
|
Item
2.
|
Address:
|
800
Scudders Mill Road, Plainsboro, NJ, 08543
|
Item
3.
|
Limit:
|
USD1,250,000
aggregate cost and expenses inclusive
|
Item
4.
|
Single
Loss Limit:
|
USD1,250,000
aggregate cost and expenses inclusive
|
Single
Loss Deductible:
|
USD10,000
each and every claim
|
|
Item
5.
|
Liability
is subject to Attachments: 1, 2, 3, 4, 5, 6, 7 and 8
|
|
Item
6:
|
Termination
of Prior Bonds: N/A
|
|
Item
7:
|
Premium:
|
N/A
|
A)
|
Fidelity.
|
B)
|
On
Premises.
|
|
a)
|
robbery,
burglary misplacement, mysterious unexplainable disappearance and
damage
thereto or destruction thereof, or
|
|
b)
|
theft,
false pretences, 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.
|
|
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,
|
|
i)
|
the
Insured is the owner of such furnishings fixtures, supplies, equipment,
or
office or is liable for such loss or damage,
and
|
|
ii)
|
the
loss is not caused by fire.
|
|
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
|
|
b)
|
a
Transportation Company and being transported in an armoured motor
vehicle,
or
|
|
c)
|
a
Transportation Company and being transported in a conveyance other
than an
armoured 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 from and not endorsed, or with restrictive
endorsements, and
|
|
iii)
|
Negotiable
Instruments not payable to bearer or not endorsed or with restrictive
endorsements
|
|
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 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 authorising 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 or
the
Insured or by any financial institution but which instructions or
advices
either bear a signature which is a
|
|
(1)
|
acquired,
sold or delivered, or given value, extended credit or assumed liability
on
the faith of any original:
|
|
(a)
|
Certified
Security.
|
|
(b)
|
Deed,
mortgage or other instrument conveying title to or creating or discharging
a lien upon real property.
|
|
(c)
|
Evidence
of Debt.
|
|
(d)
|
Instruction
to a Federal Reserve Bank of the United
States.
|
|
(e)
|
Statement
of Uncertified Security of any Federal Reserve Bank of the United
States.
|
|
(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 or any items listed in (a)
through
(e) above:
|
|
(3)
|
acquired,
sold or delivered, or given value, extended credit or assumed liability
on
the faith of any item listed in (a) through (e) above which is
counterfeit.
|
|
A
mechanically reproduced facsimile signature is treated the same as
a
handwritten signature.
|
F)
|
Counterfeit
Currency.
|
|
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 said consent, pay to the Underwriter such additional premium
as
may be required.
|
C)
|
Representation
of Insured.
|
E)
|
Notice
of Legal Proceedings Against Insured – Election to
Defend.
|
A)
|
Acceptance
means a draft, which the drawee has, by signature written thereon,
engaged
to honour 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)
|
Certificated
Security means a share, participation or other interest in property
or an
enterprise of the issuer or an obligation of the issuer, which
is:
|
|
i)
|
represented
by an instrument issued in bearer or registered
form;
|
|
ii)
|
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
|
|
iii)
|
either
one of a class or series or by its terms divisible into a class or
series
of shares, participations, interests or
obligations.
|
D)
|
Counterfeit
means an imitation of an actual valid original, which is intended
to
deceive and to be taken as the
original.
|
E)
|
Employee
means
|
|
i)
|
a
natural person in the service of the Insured at any of the Insured’s
offices or premises covered hereunder whom the Insured compensates
directly by salary or commissions and whom the Insured has the right
to
direct and control while performing services for the
Insured;
|
|
ii)
|
an
attorney retained by the Insured and an employee of such attorney
while
either is performing legal services for the
Insured;
|
iii) | 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; and a guest student pursuing studies or duties in any of said offices or premises; |
|
iv)
|
an
employee of an institution merged or consolidated with the Insured
prior
to the effective date of this bond;
|
|
v)
|
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; and
|
F)
|
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.
|
G)
|
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.
|
H)
|
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;
|
I)
|
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;
|
J)
|
Letter
of Credit means an engagement in writing by a bank or other person
made at
the request of a customer that the bank or other person will honour
drafts
or other demands for payment upon compliance with the conditions
specified
in the Letter of Credit.
|
K)
|
Money
means a medium of exchange in current use authorized or adopted by
a
domestic or foreign government as a part of its
currency.
|
L)
|
Negotiable
Instrument means any writing
|
|
i)
|
signed
by the maker or drawer; and
|
|
ii)
|
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
|
|
iii)
|
is
payable on demand or at a definite time;
and
|
|
iv)
|
is
payable to order or bearer.
|
M)
|
Property
means Money, Certificated Securities, Uncertificated Securities of
any
Federal Reserve Bank of the United States, Negotiable Instruments,
Certificates of Deposit, documents
|
N)
|
Statement
of Uncertificated Security means a written statement of the issuer
of an
Uncertificated Security containing;
|
|
i)
|
a
description of the issue of which the Uncertificated Security is
a
part;
|
|
ii)
|
The
number of shares or units: transferred to the registered owner; pledged
by
the registered owner to the registered pledgee; released from pledge
by
the registered pledgee; registered in the name of the registered
owner on
the date of the statements; or subject to pledge on the date of the
statement;
|
|
iii)
|
the
name and address of the registered owner and registered
pledge;
|
|
iv)
|
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
|
|
v)
|
the
date the transfer of the shares or units to the new registered owner
of
the shares or units was registered, the pledge of the registered
pledgee
was registered or of the statement, if it is a periodic or annual
statement.
|
O)
|
Transportation
Company means any organization, which provides its own or leased
vehicles
for transportation or which provides freight forwarding or air express
services.
|
P)
|
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:
|
|
i)
|
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:
|
|
ii)
|
of
a type commonly dealt in on securities exchanges or markets
and
|
|
iii)
|
each
one of a class or series or by its terms divisible into a class or
series
of shares, participations, interests or
obligations.
|
Q)
|
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.
|
|
Conditions
and Limitations
|
A)
|
loss
resulting directly or indirectly from forgery or alteration, except
when
covered under Insuring Agreement (A), (D) or
(E);
|
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 fission
or
fusion or radioactivity; provided, however, that this paragraph shall
not
apply to loss resulting from industrial uses of nuclear
energy;
|
D)
|
loss
resulting from any act or acts of any person who is a member of the
Board
of Directors of the Insured or a member of any equivalent body by
whatsoever name known unless such person is also an Employee or an
elected
official of the Insured in some other capacity, nor, in any event,
loss
resulting from the act or acts of any person while acting in the
capacity
of a member of such Board or equivalent
body;
|
E)
|
loss
resulting directly or indirectly from the complete or partial non-payment
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 pretences; except when covered under Insuring Agreements (A),
(D) or
(E);
|
F)
|
loss
resulting from any violation by the Insured or by any
Employee
|
|
1)
|
of
any 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
|
|
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:
|
G)
|
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);
|
H)
|
loss
caused by an Employee, except when covered under Insuring Agreement
(A) or
when covered under Insuring Agreement (B) or (C) and resulting directly
from misplacement, mysterious unexplainable disappearance or destruction
of or damage to the Property;
|
I)
|
loss
resulting directly or indirectly from transactions in a customer’s
account, whether authorized or unauthorized, except the unlawful
withdrawal and conversion of Money, securities or precious metals,
directly from a customer’s account by an Employee provided such unlawful
withdrawal and conversion is covered under Insuring Agreement
(A).
|
J)
|
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.
|
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, 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 in the premises of 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
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 covered by other insurance of any kind and in any amount
obtained by the Insured,
|
R)
|
Loss
of property while
|
|
1)
|
in
the mail, or
|
|
2)
|
in
the custody of any Transportation Company, unless covered under Insuring
Agreement (C),
|
S)
|
Potential
income, including but not limited to interest and dividends, not
received
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
involving any Uncertified Security except an Uncertified Security
of any
Federal Reserve Bank of the United States or when covered under Insuring
Agreement (A):
|
X)
|
loss
resulting directly or indirectly from any dishonest or fraudulent
act or
acts committed by any non-employee who is a securities, commodities,
money, mortgage,
|
Y)
|
loss
resulting directly or indirectly from any actual or alleged representing
advice, warranty or guarantee as to the performance of any
investments:
|
Z)
|
loss
due to liability imposed upon the Insured as a result of the unlawful
disclosure of non-public material information by the Insured or any
Employee, or as a result of any Employee acting upon such information,
whether authorized or unauthorized.
|
A)
|
Aggregate
Limit of Liability.
|
|
(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 defence 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 defence at its own
cost.
|
B)
|
Single
Loss Limit of Liability.
|
C)
|
Single
Loss Defined.
|
|
(a)
|
any
one act or series of 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, with full
particulars.
|
C)
|
Lost
Certificated 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
the
discovery of such loss.
|
E)
|
If
any limitation 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 favour of the Insured. No suit,
action or legal proceedings shall be brought hereunder by any one
other
than the named Insured.
|
B)
|
Securities.
|
C)
|
Books
of Accounts and Records.
|
D)
|
Property
other than Money, Securities or
Records.
|
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 therefore 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
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.
|
|
1.
|
Section
1. (a), Definition of Employee is deleted in its entirety and replaced
with the following:
|
|
(a)
|
“Employee”
means
|
|
(1)
|
any
of the Insureds officers or employees while performing services for
the
Insureds offices, and
|
|
(2)
|
any
of the officers or employees of any predecessor of the Insured whose
principal assets are acquired by the Insured by consolidation or
merger
with, or purchase of assets or capital stock of, such predecessor,
and
|
|
(3)
|
attorneys
retained by the Insured to perform legal services for the Insured
and the
employees of such attorneys while such attorneys or the employees
of such
attorneys are performing such services for the Insured,
and
|
|
(4)
|
guest
students pursuing their studies or duties in any of the Insureds
offices,
and
|
|
(5)
|
directors
or trustees of the Insured but only while performing acts coming
within
the scope of the usual duties of an officer or employee or while
acting as
a member of any committee duly elected or appointed to examine or
audit or
have custody of or access to the property of the Insured,
and
|
|
(6)
|
any
individual or individuals assigned to perform the usual duties of
an
employee within the premises for the Insured, by any agency furnishing
temporary personnel on a contingent or part-time basis,
and
|
|
(7)
|
each
natural person, partnership or corporation authorized by written
agreement
with the Insured to perform services as electronic data processor
of
checks or other accounting records of the
Insured,
|
|
(8)
|
any
employee or any partner of any named
Insured,
|
|
1)
|
The
attached bond shall not be cancelled or terminated as provided in
Section
12, or modified by rider, except after written notice shall have
been
given by the acting party to the affected party, and to the Securities
and
Exchange Commission, Washington, D.C., not less than sixty days prior
to
the effective date of such cancellation, termination or
modification.
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a.
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The
attached bond is amended by adding an additional Insuring Agreement
as
follows:
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(a)
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Property
to be transferred, paid or
delivered,
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(b)
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An
account of the Insured, or of its customer, to be added, deleted,
debited
or credited
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(c)
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an
unauthorized account or a fictitious account to be debited or
credited.
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b.
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As
used in this rider, Computer System
means
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i)
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computers
with related peripheral components, including storage components,
wherever
located,
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ii)
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systems
and applications software,
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iii)
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terminal
devices,
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iv)
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related
communication networks
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c.
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In
addition to the exclusions in the attached bond, the following exclusions
are applicable to this Insuring
Agreement:
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i)
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loss
resulting directly or indirectly form the theft of confidential
information, material or data; and
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ii)
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loss
resulting directly or indirectly from entries or changes made by
an
individual authorized to have access to a Computer System who acts
in good
faith on instructions, unless such instructions are given to that
individual by a
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d.
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The
coverage afforded by this rider applies only to loss discovered by
the
Insured during the period this rider is in force. The first
sentence of Section 3 of the attached bond does not apply to this
Insuring
Agreement.
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e.
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All
loss or series of losses involving fraudulent activity of one individual,
or involving fraudulent activity, in which one individual is implicated,
whether or not that individual is specifically identified, shall
be
treated as a Single Loss. A series of losses involving
unidentified individuals but arising from the same method of operation
may
be deemed by the Underwriter to involve the same individual and in
that
event shall be treated as a Single
Loss.
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f.
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The
Single Loss Limit of Liability and Retention for the coverage provided
by
this rider shall be:
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Limit
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Retention
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$1,250,000
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$10,000
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g.
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the
Underwriter shall be liable hereunder for the amount by which Single
Loss
exceeds the Deductible Amount in item 4 of the Declarations, but
not in
excess of the Single Loss Limit of Liability stated
above.
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h.
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Coverage
under this rider shall terminate upon termination or cancellation
of the
bond to which this rider is attached. Coverage under this rider
may also be terminated or cancelled without cancelling this bond
as an
entirety
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i)
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60
days after receipt by the Insured of written notice from the Underwriter
of its desire to terminate or cancel; coverage under this rider,
or
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ii)
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Immediately
upon receipt be the Underwriter of a written request form the Insured
to
terminate or cancel coverage under this
rider.
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1.
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In
consideration of the annual premium included herein, this policy
is
extended to indemnify the Insured against any and all sums which
the
Insured shall become obligated to pay by reason of the Liability
imposed
upon the Insured by law for
damages:
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(a)
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for
having either complied with or failed to comply with any written
notice of
any depositor of the Insured or any authorized Representative of
such
depositor to stop payment of any cheque or draft made or drawn by
such
depositor or any Authorized Representative of such depositor,
or
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(b)
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for
having refused to pay any cheque or draft made or drawn by any depositor
of the Insured or any Authorized Representative of such
depositor.
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(1)
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the
Insured shall bear the first $5,000 for each and every
loss.
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(2)
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the
Underwriters Liability under this rider shall be limited to $100,000
for
any one loss and in all during each policy year, subject to a $100,000
Annual Aggregate.
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(3)
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the
term “Policy Year” as used in this rider shall mean each period of twelve
calendar months commencing the effective date of the attached
bond.
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2.
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Nothing
herein contained shall be held to vary, alter, waive or extend any
of the
terms, limitations, conditions or agreements of the attached policy
other
than as above stated.
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1.
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The
following is inserted Section 1.1 Insuring Agreement (G) of the Financial
Institutions Bond.
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(d)
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loss
resulting directly or indirectly from any director or trustee of
the
Insured other than one employed as a salaried, pensioned or elected
official or an Employee of the Insured, except (i) when performing
acts
coming within the scope of the usual duties of an Employee, or (ii)
while
acting as a member of any committee duly elected or appointed by
resolution of the board of directors or trustees of the Insured to
perform
specific, as distinguished from general, directorial acts on behalf
of the
Insured;
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(1)
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in
establishing the existence of or amount of loss covered under this
bond,
except to the extent covered under the Insuring Agreement (G) entitled
Audit Expense, 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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The
attached bond is amended to include the following as Section 1.1
Insuring
Agreement (H):
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