not be liable for and will not pay the fees of any other counsel . The and memoranda in the custody or control of a third party ,
<br /> which
<br /> Company will not pay any fees , costs or expenses incurred by the reasonably pertain to the loss or damage . All information designated
<br /> insured in the defense of those causes of action which allege matters as confidential by the insured claimant provided to the Company
<br /> not insured against by this policy. pursuant to this Section shall not be disclosed to others unless , in
<br /> ( b ) The Company shall have the right, at its own cost, to the reasonable judgment of the Company, it is necessary in the
<br /> institute and prosecute any action or proceeding or to do any other administration of the claim . Failure of the insured claimant to
<br />submit
<br /> act which in its opinion may be necessary or desirable to establish for examination under oath , produce other reasonably requested
<br /> the title to the estate or interest , as insured , or to prevent or reduce information or grant permission to secure reasonably necessary
<br /> loss or damage to the insured . The Company may take any information from third parties as required in this paragraph shall
<br /> appropriate action under the terms of this policy, whether or not it terminate any liability of the Company under 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; Termination of
<br /> rights under this paragraph , it shall do so diligently.
<br /> Liability.
<br /> ( c ) Whenever the Company shall have brought an action or In case of a claim under this policy, the Company shall have
<br />the
<br /> interposed a defense as required or permitted by the provisions of
<br /> this policy , the Company may pursue any litigation to final following additional options :
<br /> determination by a court of competent jurisdiction and expressly la ) To Pay or Tender Payment of the Amount of Insurance .
<br /> reserves the right, in its sole discretion , to appeal from any adverse To pay or tender payment of the amount of insurance under
<br /> this
<br /> J he order. policy, together with any costs , attorneys ' fees and expenses incurred
<br /> by the insured claimant, which were authorized by the Company, up to
<br /> ( e In all cases where this policy permits or requires the
<br /> Cthe time of payment or tender of payment and 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.
<br /> prosecute or provide defense in the action or proceeding , and all Upon the exercise by the Company of this option , all liability
<br /> and
<br /> obligations to the insured under this policy, other than to make the
<br /> appeals therein , and permit the Company to use , at its option , the
<br /> payment required , shall terminate , including any liability or obligation
<br /> name of the insured for this purpose . Whenever requested by the
<br /> to defend , prosecute , or continue any litigation , and the policy shall be
<br /> Company, the insured , at the Company' s expense , shall give the
<br /> surrendered to the Company for cancellation .
<br /> Company all reasonable aid ( i ) in any action or proceeding , securing
<br /> evidence , obtaining witnesses , prosecuting or defending the action or ibl To Pay or Otherwise Settle With Parties Other Than the
<br /> Insured or With the Insured Claimant.
<br /> proceeding , or effecting settlement, and ( ii ) in any other lawful act ( i ) to pay or otherwise settle with other parties for
<br /> or in
<br /> which in the opinion of the Company may be necessary or desirable
<br /> to establish the title to the estate or interest as insured . If the the name of an insured claimant any claim insured against
<br />under this
<br /> Company is prejudiced the failure of the insured to furnish the policy , together with any costs , attorneys ' fees and expenses incurred
<br /> ' by the insured claimant which were authorized by the Company up to
<br /> required cooperation , the Companys obligations to the insured under
<br /> the time of payment and which the Company is obligated to pay; or
<br /> the policy shall terminate , including any liability or obligation to
<br /> defend , prosecute , or continue any litigation , with regard to the ( ii ) to pay or otherwise settle with the insured claimant
<br /> matter or matters requiring such cooperation . the loss or damage provided for under this policy , together with any
<br /> 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 options
<br /> proof of loss or damage signed and sworn to by the insured claimant provided for in paragraphs ( b )( i ) or ( ii ) , the Company'
<br />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 or damage
<br />, other
<br /> claimant shall ascertain the facts giving rise to the loss or damage . than the payments required to be made , shall terminate ,
<br />including any
<br /> The proof of loss or damage shall describe the defect in , or lien or liability or obligation to defend , prosecute , or continue
<br /> any litigation .
<br /> encumbrance on the title , or other matter insured against by this 7 Determination, Extent of Liability and Coinsurance.
<br /> policy which constitutes the basis of loss or damage and shall state , This policy is a contract of indemnity against actual monetary
<br /> to the extent possible , the basis of calculating the amount of the loss loss or damage sustained or incurred by the insured claimant
<br /> who
<br /> or damage . If the Company is prejudiced by the failure of the insured has suffered loss or damage by reason of matters insured
<br /> against by
<br /> claimant to provide the required proof of loss or damage , the this policy and only to the extent herein described .
<br /> Company' s obligations to the insured under the policy shall terminate , ( a ) The liability of the Company under this policy shall
<br /> not
<br /> including any liability or obligation to defend , prosecute , or continue exceed the least of :
<br /> any litigation , with regard to the matter or matters requiring such ( i ) the Amount of Insurance stated in Schedule A;
<br />or,
<br /> proof of loss or damage .
<br /> In addition , the insured claimant may reasonably be required to ( ii ) the difference between the value of the insured estate
<br /> sor interest as insured and the value of the insured estate or interest
<br /> submit to examination under oath by any authorized representative of
<br /> the Company and shall produce for examination , inspection and subject to the defect, lien or encumbrance insured against by this
<br /> copying , at such reasonable times and places as may be designated policy .
<br /> pV 9 ' ( b ) The Company will pay only those costs , attorneys ' fees and
<br /> by any authorized representative of the Company, all records , books ,
<br /> expenses incurred in accordance with Section 4 of these Conditions and
<br /> ledgers , checks , correspondence and memoranda , whether bearing a
<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 8. Apportionment.
<br /> of the Company, the insured claimant shall grant its permission , in If the land described in Schedule A consists of two or more
<br /> wparcels which are not used as a single site , and a loss is established
<br /> writing , for any authorized representative of the Company to examine ,
<br /> inspect and copy all records , books , ledgers , checks , correspondence affecting one or more of the parcels but not all , the
<br />loss shall be
<br />
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