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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 control <br /> of a third party, which <br /> Company 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 insured <br /> 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 this <br /> 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. Liability. <br /> ( c ) Whenever the Company shall have brought an action or In case 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 la ► To Pay or Tender Payment of the Amount of Insurance <br />. <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 /> Id ) 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 obligated to pay. <br /> proceeding , the insured shall secure to the Company the right to so Upon the exercise by the Company of this <br />option , all liability and <br /> prosecute or provide defense in the action or proceeding , and all obligations to the insured under this policy, other <br /> than to make the <br /> appeals therein , and permit the Company to use , at its option , the payment required , shall terminate , including <br />any liability or obligation <br /> name of the insured for this purpose . Whenever requested by the to defend , prosecute , or continue any litigation , and <br /> the policy shall <br /> Company, the insured , at the Company 's expense , shall give the be surrendered to the Company for cancellation . <br /> Company all reasonable aid ( i ) in any action or proceeding , securing ( b ) To Pay or Otherwise Settle With Parties <br /> Other than the <br /> evidence , obtaining witnesses , prosecuting or defending the action or Insured or With the Insured Claimant . <br /> proceeding , or effecting settlement, and ( ii ) in any other lawful act li ► to pay or otherwise settle with other <br /> parties for or in <br /> which in the opinion of the Company may be necessary or desirable the name of an insured claimant any claim insured <br /> against under this <br /> to establish the title to the estate or interest as insured . If the policy, together with any costs , attorneys' <br /> fees and expenses incurred <br /> Company is prejudiced by the failure of the insured to furnish the by the insured claimant which were authorized by <br /> the Company up to <br /> required cooperation , the Company 's obligations to the insured under the time of payment and which the Company is <br />obligated to pay ; or <br /> the policy shall terminate , including any liability or obligation to Iii ) to pay or otherwise settle with the <br /> 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 of the <br /> 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 loss <br /> 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 against <br /> actual monetary <br /> or damage . If the Company is prejudiced by the failure of the insured loss or damage sustained or incurred by the <br /> 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 ed The liability of the Company under this <br /> policy shall not <br /> exceed <br /> any litigation , with regard to the matter or matters requiring such d 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 ( ii ) the difference between the value of the <br /> 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 against <br /> 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 , Ib ► The company will pay only those costs , <br />attorneys' fees and <br /> ledgers , checks , correspondence and memoranda , whetner bearing a expenses incurred in accordance with Section 4 of the <br /> 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 />