CONDITIONS - CONTINUED
<br /> other act that in its opinion may be necessary or desirable to or tender payment of the Amount of Insurance under this policy
<br /> establish the Title, as insured, or to prevent or reduce loss or together with any costs, attorneys ' fees, and expenses
<br />incurred
<br /> damage to the Insured. The Company may take any appropri- by the Insured Claimant that were authorized by the Company
<br /> ate action under the terms of this policy, whether or not it shall up to the time of payment or tender of payment and
<br /> that the
<br /> be liable to the Insured . The exercise of these rights shall not Company is obligated to pay.
<br /> be an admission of liability or waiver of any provision of this Upon the exercise by the Company of this option, all liability
<br /> policy. Ifthe Company exercises its rights underthis subsection,
<br /> it must do so diligently. and obligations of the Company to the Insured under this policy,
<br /> other than to make the payment required in this subsection,
<br /> (c) Whenever the Company brings an action or asserts a defense shall terminate, including any liability or obligation to defend,
<br /> as required or permitted by this policy, the Company may prosecute, or continue any litigation ,
<br /> pursue the litigation to a final determination by a court of
<br /> (b) To Pay or Otherwise Settle With Parties Other Than the Insured
<br /> competent jurisdiction, and it expressly reserves the right,
<br /> or With the Insured Claimant.
<br /> in its sole discretion, to appeal any adverse judgment or
<br /> order. ( i ) to pay or otherwise settle with other parties for or in the name
<br /> of an Insured Claimant any claim insured against under
<br /> 6. DUTY OF INSURED CLAIMANT TO COOPERATE this policy. In addition, the Company will pay any costs ,
<br /> (a) In all cases where this policy permits or requires the Company attorneys ' fees, and expenses incurred by the Insured Claim-
<br /> to prosecute or provide for the defense of any action or proceed- ant that were authorized by the Company up to the time
<br /> ing and any appeals , the Insured shall secure to the Company of payment and that the Company is obligated to pay ;
<br /> or
<br /> the right to so prosecute or provide defense in the action or (ii ) to pay or otherwise settle with the Insured Claimant
<br /> the loss
<br /> proceeding, including the right to use, at its option, the name or damage provided for under this policy, together with any
<br /> of the Insured for this purpose . Whenever requested by the costs, attorneys ' fees, and expenses incurred by the Insured
<br /> Company, the Insured , at the Company 's expense, shall give the Claimant that were authorized by the Company up to the
<br /> Company all reasonable aid ( i ) in securing evidence, obtaining time of payment and that the Company is obligated to pay.
<br /> witnesses , prosecuting or defending the action or proceeding,
<br /> or effecting settlement, and (ii) in any other lawful act that in Upon the exercise by the Company of either of the options provided
<br /> the opinion of the Company may be necessary or desirable to for in subsections (b )( i) or ( ii), the Company 's obligations
<br /> to the
<br /> establish the Title or any other matter as insured. If the Company Insured under this policy for the claimed loss or damage, other than
<br /> is prejudiced by the failure of the Insured to furnish the required the payments required to be made, shall terminate, including any li -
<br /> cooperation , the Company ' s obligations to the Insured under ability or obligation to defend, prosecute, or continue any litigation .
<br /> the policy shall terminate, including any liability or obligation g, DETERMINATION AND EXTENT OF LIABILITY
<br /> to defend, prosecute, or continue any litigation, with regard to
<br /> This policy is a contract of indemnity against actual monetary loss
<br /> the matter or matters requiring such cooperation.
<br /> ( or damage sustained or incurred by the Insured Claimant who has
<br /> b) The Company may reasonably require the Insured Claimant to
<br /> suffered loss or damage by reason of matters insured against by
<br /> submit to examination under oath by any authorized representa. this policy.
<br /> tive of the Company and to produce for examination, inspection,
<br /> and copying, at such reasonable times and places as may be (a) The extent of liability of the Company for loss or damage under
<br /> designated by the authorized representative of the Company, this policy shall not exceed the lesser of
<br /> all records , in whatever medium maintained, including books , (i) the Amount of Insurance; or
<br /> ledgers , checks, memoranda, correspondence, reports, e-mails, (ii ) the difference between the value of the Title as insured and
<br /> disks, tapes, and videos whether bearing a date before or after the value of the Title subject to the risk insured against by
<br /> Date of Policy, that reasonably pertain to the loss or damage . this policy.
<br /> Further, if requested by any authorized representative of the
<br /> Company, the Insured Claimant shall grant its permission, in (b) If the Company pursues its rights under Section 5 of these Con-
<br /> writing, for any authorized representative of the Company to ditions and is unsuccessful in establishing the Title, as insured ,
<br /> examine, inspect, and copy all of these records in the custody or (i ) the Amount of Insurance shall be increased by 10%, and
<br /> control of a third party that reasonably pertain to the loss or dam- the Insured Claimant shall have the right to have the loss
<br /> age . All information designated as confidential by the Insured (ii )
<br /> or damage determined either as of the date the claim was
<br /> Claimant provided to the Company pursuant to this Section shall made by the Insured Claimant or as of the date it is settled
<br /> not be disclosed to others unless, in the reasonable judgment of and paid .
<br /> the Company, it is necessary in the administration of the claim .
<br /> Failure of the Insured Claimant to submit for examination under (c ) In addition to the extent of liability under (a) and (b), the Com-
<br /> oath, produce any reasonably requested information, or grant pany will also pay those costs, attorneys ' fees, and expenses in-
<br /> pennission to secure reasonably necessary information from cuffed in accordance with Sections 5 and 7 of these Conditions .
<br /> third parties as required in this subsection, unless prohibited 9 . LIMITATION OF LIABILITY
<br /> by law or governmental regulation, shall terminate any liability
<br /> of the Company under this policy as to that claim . ( a) If the Company establishes the Title, or removes the alleged
<br /> defect, lien, or encumbrance, or cures the lack of a right of ac.
<br /> 7. OPTIONS TO PAY OR OTHERWISE SETTLE cess to or from the Land, or cures the claim of Unmarketable
<br /> CLAIMS ; TERMINATION OF LIABILITY Title, all as insured, in a reasonably diligent manner by any
<br /> In case of a claim under this policy, the Company shall have the method, including litigation and the completion of any appeals,
<br /> following additional options : it shall have fully performed its obligations with respect to that
<br /> (a) To Pay or Tender Payment of the Amount of Insurance . To pay matter and shall not be liable for any loss or damage caused to
<br /> the Insured .
<br /> OP-25 ALTA Owners Policy of Title Insurance 6- 17-06 (with FLORIDA Modifications) (WLTIC Edition 1 /26/ 11 ) Page 4
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