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( i )� the AmeUnt of Insurance shall be increased by 105/cand
<br /> ( ii ) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was
<br /> made by the
<br /> Insured Claimant or as of the date it is settled and paid .
<br /> ( c ) In addition to the extent of- liability under ( a ) and ( b ) , the Company will also pay those costs , attorneys ' fees
<br />, and expenses incurred in
<br /> accordance with Sections 5 and 7 of' these Conditions .
<br /> 9 . LIMITATION OF LIABILITY
<br /> ( a ) If the Company establishes the Title , or removes the alleged defect , lien , or encumbrance , or cures the lack of
<br /> a right of access to of-
<br /> front
<br /> rfrom the I .and , or cures the claim of f ' nnrtrketable Title , all
<br /> as insured , in it reasonabh diligent manner by any method , including
<br /> litigation and the completion of any appeals , it shall hate fully pet lot tried its obligations tyith respect to that matter
<br /> and shall not be
<br /> liable for any loss or damage caused to the Insured .
<br /> ( h ) In the event of ane litigation , including litigation by the Company or with the Cumpanv ' s consent, the Company shall have
<br /> no liability
<br /> for I ossordamage until there has been a final determination by a court of competent jurisdiction , and disposition of all appeals , adverse
<br /> to the Title , as insured .
<br /> ( c ) The Compare shall not be liable finloss of, damage to the Insured for liability voluntarih assumed be the• Insured in
<br /> settling ant claim
<br /> or suit without tile rr
<br /> e piowritten consent of the ( :ontpam,
<br /> 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
<br /> All payments under this policy , except payments made ho' costs , attorneys ' fres , and expenses , shall reduce the Amount of Insurance by
<br /> the
<br /> amount of, the payment .
<br /> I1 . LIABILITY NONCUMULATIVE
<br /> The Amount of llist it-it nce shall be reduced by any amount the ( :onipany pays under any policy insuring a No rtgagc to whir
<br /> h emption is
<br /> taken in Schedule B of to tyhich the Instmed has agreed , assmned , or taken subject , or which is executed by an Insured after
<br /> Date of Police
<br /> and which is a cha]gc or lien on the Title , and the amottnl so paid shall be deemed a payment to the Insured
<br />find (' ] this policy .
<br /> 12. PAYMENT OF LOSS
<br /> When liability and the extent of loss of damage haw been dcliniteh fixed in accordance with these Ctnulitions . the payment
<br /> shall he
<br /> made within 30 days .
<br /> 13 . RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
<br /> ( a ) Whenever the 11 ) 111 shall have settled and paid a claim under this policy, it shall be subrogated and entitled
<br /> to the rights of the
<br /> Insured Claimant in the Title and all other tights and renucclies in respect to the claim that the Insured
<br /> Claimant has against any
<br /> person or property, to the extent of the anunult of any loss , costs , attornecs ' fees , and expenses paid by the Compam .
<br /> If requested he
<br /> the Company, the Insured Claimant shall execute docttntents to evidence the transfe ] to tilt' Company of these rights and
<br /> remedies .
<br /> The Insured Claimant shall permit the Company to .sue , compromise , or settle in the name of the Insured Claimant and to use the
<br /> name
<br /> ofthe Insured Claimant in any transaction or litigation invoking these rights and remedies .
<br /> If payment on account of it claire does not full coyer the loss of Insured Claimant , the Company shall defer the exercise of
<br /> its right
<br /> to recover until after the Insured Claimant shall have recovered its loss .
<br /> ( b ) The Company' s right of subrogation includes the rights of the Insured to indemnities , guaranties , other policies of insurancel or
<br /> bonds ,
<br /> notwithstanding any terms or conditions contained in those insu unfents that address subrogation lights ,
<br /> 14m ARBITRATION
<br /> Unless prohibited In applicable layv, arbitration pursuant to tilt Title Insurance Arbitration Rules of ill (, . American
<br /> Adtitration Association 111 ,1v he
<br /> demanded it agreed to by both the Cowpany and the Insured at the time Of the controyet:,c or claim . :Arhitrable uuuu• rs play
<br /> inclurte . het are not limited
<br /> to , ane conuaversc or claim benae(, n the Company allot the Insured arising out of or relating to this policy , and scryicr
<br /> of the Compam in connection
<br /> yyilh its issuance or the breach of a policy provision or other obligation . Al hiu'ation pursuant to this policy and ander
<br /> the Rules in elic( t on the date the
<br /> demand for arbitration is made or, at the option of the Insured . the• Rules in effect at Date of Policy shall
<br />be hindino upon the parties . Thu ayra ]ol unn
<br /> include auonwNs' fees only if the lames of the state in which the Land is located permit a court to imard anorncys'
<br /> fees to a prevailing para . ) udgnu ret
<br /> upon the ayvard rendered by the Athiu'ator ( s) may he entered in any court haying jurisdiction thereof.
<br /> The lati of the situs of the land shall apph to an arbitration under the fill (, Insurance . Arbitration Rules.
<br /> A copy of the Rules any he obtained from the Compam , upon ]cqucst .
<br /> 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
<br /> ( a ) This policy together with all endorsements , if any, attached to it by the Company is the entire policy and cone act between
<br /> the Insured
<br /> and the Company. In interpreting any provision of this policy, this policy shall he construed as a. whole .
<br /> ( b ) Anyclaiinoflossof- damagethatitrisesoutofthestatusoftileTitleof- bvamactionassertingsuchclainychetherornotbasedounegligence
<br /> shall be restricted to this policy.
<br /> ( c ) Any amendment of orendorsementtothispolicNmustbeillwriLingandauthenticaledbvanauthori /edpersun , orexpiesslvincorporated
<br /> by Schedule A of this policy .
<br /> ( d ) Each endorsement to this policy issued at any time is made if part of this policy and is subject to all of its terms
<br /> and provisions . Except
<br /> its the endorsement expressly states , it does not ( i ) modili, anyofthe ternisand provisionsofthe policy, ( ii ) nodifcam priorendorsement ,
<br /> ( iii ) extend the Date of Policy, of ( iv ) increase the Amount of Insurance .
<br /> FORM OF6 (rev. 12/ 10 )(With Florida Modifications ) 5 of 6
<br />
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