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4.1. It does not apply to insurance case of default or improper performance by the Principal of its obligations under the Agreement of the bank guarantee, concluded between him and the Insured, which occurred as a result of:
a) the impact of a nuclear explosion, radiation or radioactive contamination;
b) military action, as well as maneuvers or other military actions;
c) civil war, civil unrest of any kind, or strikes;
d) seizure, confiscation, requisition, arrest or destruction of the property of the Insured or the counterparty to the public authorities;
d) invalidity of contracts, bank guarantees;
e) intentional actions of the Insured, directed to the insured event;
g) fictitious or deliberate bankruptcy of the borrower.
4.2. Do not be an insurance event under this Agreement in a loss to the Insured, occurred due to:
a) the payment by the Insured to the Beneficiary a sum of money, when in accordance with the current legislation of the Russian Federation or in accordance with the terms of the bank guarantee policyholder has the right not to make payments to the beneficiary, but do not exercised his right (regardless of the reasons why it such a right did not use);
b) the payment of the Insured Beneficiary monies in accordance with the terms of the bank guarantee and / or for breach of obligations of the Insured to the Beneficiary (even if the agreement of the insured with the Principal provides for the right of the Insured to claim compensation from the Principal of such sums by way of recourse).
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