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attaching
to and forming a part of
SERVICES AND INDEMNITY AGREEMENT
(effective: January 1, 2009)
(hereinafter referred to as “Agreement”)
WESTERN
SURETY COMPANY
(hereinafter referred to as “Reinsurer”)
CONTINENTAL
CASUALTY COMPANY
(hereinafter referred to as “Company”)
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A.
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Pursuant to that certain Commutation
and Release Agreement, effective as of June 30, 2009, by and
between the Company and the Reinsurer (“Commutation
Agreement”), the parties have agreed to commute the
Reinsurance Agreements as respects Surety Business for the Dick
Corporation (as defined in Recital A of the Commutation
Agreement);
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B.
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Pursuant to that certain Termination
Addendum, effective June 30, 2009, between and among the
Company, the Reinsurer, Universal Surety of America and Surety
Bonding Company of America, the parties terminated that certain
Surety Excess of Loss Reinsurance Contract as respects only Surety
Business for the Dick Corporation, effective January 1, 2005,
as amended from time to time; and
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C.
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Notwithstanding the provisions of
Section XIV — Termination of the Agreement, the Company
and the Reinsurer agree that, despite the release and commutation
of all obligations related to the Reinsu
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