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not be liable for and will not pay the fees of any other counsel . The and memoranda in the custody or
<br /> control of a third party, Which
<br /> Compahy will not pay any fees , costs or expenses incurred by the reasonably pertain to the loss or damage
<br />. All information designated
<br /> insured in the defense of those causes of action which allege matters as confidential by the insured claimant provided
<br /> to the Company
<br /> not insured against by this policy. pursuant to this Section shall not be disclosed to others unless ,
<br /> in
<br /> ( b ) The Company shall have the right, at its own cost, to the reasonable judgment of the Company, it is
<br /> necessary in the
<br /> institute and prosecute any action or proceeding or to do any other administration of the claim . Failure of the
<br />insured claimant to submit
<br /> act which in its opinion may be necessary or desirable to establish for examination under oath , produce other reasonably
<br /> requested
<br /> the title to the estate or interest, as insured , or to prevent or reduce information or grant permission to secure
<br /> reasonably necessary
<br /> loss or damage to the insured . The Company may take any information from third parties as required in this
<br /> paragraph shall
<br /> appropriate action under the terms of this policy, whether or not it terminate any liability of the Company under
<br /> this policy as to that
<br /> shall be liable hereunder, and shall not thereby concede liability or claim .
<br /> waive any provision of this policy. If the Company shall exercise its 6. Options to Pay or Otherwise Settle Claims;
<br /> Termination of
<br /> rights under this paragraph , it shall do so diligently. ability.
<br /> ( c ) Whenever the Company shall have brought an action or In Licase of a claim under this policy, the Company
<br /> shall have the
<br /> interposed a defense as required or permitted by the provisions of following additional options :
<br /> this policy, the Company may pursue any litigation to final ( a ) To Pay or Tender Payment of the Amount of
<br /> Insurance
<br /> determination by a court of competent jurisdiction and expressly To pay or tender payment of the amount of insurance
<br /> under this
<br /> reserves the right, in its sole discretion , to appeal from any adverse policy together with any costs , attorneys'
<br /> fees and expenses incurred
<br /> judgment or order. by the insured claimant, which were authorized by the Company, up to
<br /> ( d ► In all cases where this policy permits or requires the the time of payment or tender of payment and
<br /> which the Company is
<br /> Company to prosecute or provide for the defense of any action or
<br /> proceeding , the insured shall secure to the Company the right to so obligated to pay.Upon the exercise by the Company
<br /> of this option , all liability and
<br /> prosecute or provide defense in the action or proceeding , and all
<br /> appeals therein , and permit the Company to use , at its option , the obligations to the insured under this policy,
<br /> other than to make the name of the insured for this purpose . Whenever requested by the payment required , shall terminate ,
<br /> including any liability or obligation Company, the insured , at the Company 's expense , shall give the to defend , prosecute ,
<br /> or continue any litigation , and the policy shall Company all reasonable aid ( i ) in any action or proceeding , securing be
<br /> surrendered to the Company for cancellation .
<br /> evidence , obtaining witnesses , prosecuting or defending the action or (b ) To Pay or Otherwise Settle With Parties Other
<br /> than the
<br /> proceeding , or effecting settlement, and ( ii ) in any other lawful act Insured or With the Insured Claimant .
<br /> which in the opinion of the Company may be necessary or desirable ( i ) to pay or otherwise settle with other
<br /> parties for or in
<br /> to establish the title to the estate or interest as insured . If the the name of an insured claimant any claim
<br /> insured against under this
<br /> Company is prejudiced by the failure of the insured to furnish the policy, together with any costs , attorneys' fees
<br />and expenses incurred
<br /> required cooperation , the Company 's obligations to the insured under by the insured claimant which were authorized by
<br /> the Company up to
<br /> the policy shall terminate , including any liability or obligation to the time of payment and which the Company
<br />is obligated to pay ,, of
<br /> to pay or otherwise settle with the insured claimant
<br /> defend , prosecute , or continue any litigation , with regard to the the loss or damage provided for under this policy,
<br /> together with any
<br /> matter or matters requiring such cooperation . costs , attorneys' fees and expenses incurred by the insured claimant
<br /> 5. Proof of Loss or Damage. which were authorized by the Company up to the time of payment
<br /> In addition to and after the notices required under Section 3 of and which the Company is obligated to pay.
<br /> these Conditions and Stipulations have been provided the Company, a Upon the exercise by the Company of either
<br />of the options
<br /> proof of loss or damage signed and sworn to by the insured claimant provided for in paragraphs ( b )( i ) or ( ii
<br />) , the Company's obligations to
<br /> shall be furnished to the Company within 90 days after the insured the insured under this policy for the claimed
<br /> loss or damage , other
<br /> claimant shall ascertain the facts giving rise to the loss or damage . than the payments required to be made
<br />, shall terminate , including any
<br /> The proof of loss or damage shall describe the defect in , or lien or liability or obligation to defend , prosecute
<br /> or continue any litigation .
<br /> encumbrance on the title , or other matter insured against by this
<br /> policy which constitutes the basis of loss or damage and shall state , � Determination, Extent of Liability.
<br /> to the extent possible , the basis of calculating the amount of the loss This policy is a contract of indemnity
<br /> against actual monetary
<br /> or damage . If the Company is prejudiced by the failure of the insured loss or damage sustained or incurred by
<br /> the insured claimant who
<br /> claimant to provide the required proof of loss or damage , the has suffered loss or damage by reason of matters
<br /> insured against by
<br /> Company 's obligations to the insured under the policy shall terminate , this policy and only to the extent herein described
<br />.
<br /> including any liability or obligation to defend , prosecute , or continue ( a ) The liability of the Company under this
<br /> policy shall not
<br /> any litigation , with regard to the matter or matters requiring such exceed the least of :
<br /> proof of loss or damage . ( i ) the Amount of Insurance stated in Schedule A , or,
<br /> In addition , the insured claimant may reasonably be required to ( i i ) the difference between the value of
<br /> the insured estate
<br /> submit to examination under oath by any authorized representative of or interest as insured and the value of the insured
<br /> estate or interest
<br /> the Company and shall produce for examination , inspection and subject to the defect , lien or encumbrance insured
<br />against by this
<br /> copying , at such reasonable times and places as may be designated policy.
<br /> by any authorized representative of the Company, all records , books , ( b ) The company will pay only those costs ,
<br /> attorneys' fees and
<br /> ledgers , checks , correspondence and memoranda , whether bearing a expenses incurred in accordance with Section 4 of
<br /> the Conditions and
<br /> date before or after Date of Policy, which reasonably pertain to the Stipulations .
<br /> loss or damage . Further, if requested by any authorized representative B. Apportionment
<br /> of the Company, the insured claimant shall grant its permission , in If the land described in Schedule A consists
<br /> of two or more
<br /> writing , for any authorized representative of the Company to examine , parcels which are not used as a single site ,
<br /> and a loss is established
<br /> inspect and copy all records , books , ledgers , checks , correspondence affecting one or more of the parcels but not
<br /> all , the loss shall be
<br />
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