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CONDITIONS ( coni ►
<br /> 6 . DUTY OF INSURED CLAIMANT TO COOPERATE policy . In addition , the Company will pay any costs , attorneys ' fees
<br />,
<br /> la ) In all cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that
<br /> were authorized
<br /> to prosecute or provide for the defense of any action or proceeding by the Company up to the time of payment and
<br />that the Company is
<br /> and any appeals , the Insured shall secure to the Company the right obligated to pay, or
<br /> to so prosecute of provide defense in the action or proceeding , ( ii ) to pay or otherwise settle with the Insured
<br /> Claimant the loss or
<br /> Including the right to use , at its option , the name of the Insured for damage provided for under this policy, together
<br /> with any costs ,
<br /> this purpose . Whenever requested by the Company , the Insured , attorneys ' fees , and expenses incurred by the Insured
<br /> Claimant that
<br /> at the Company ' s expense , shall give the Company all reasonable were authorized by the Company up to the time of payment
<br /> and that
<br /> aid li ) In securing evidence , ohtaining witnesses , prosecuting or the Company is obligated to pay .
<br /> defending the action or proceeding , or effecting settlement , and
<br /> ( ii ) in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either of
<br /> the options provided
<br /> be necessary or desirable to establish the Title or any other matter for in subsections ( b ) ( i ) or ( it ) , the Company
<br />' s obligations to the Insured
<br /> as insured . If the Company is prejudiced by the failure of the under this policy for the claimed loss or damage
<br />, other than the
<br /> Insured to furnish the required cooperation , the Company' s obligations payments required to be made , shall terminate , Including
<br /> any liability
<br /> to the Insured under the policy shall terminate , including any or obligation to defend , prosecute , or continue any litigation
<br />.
<br /> iahility or obligation to defend , prosecute , or continue any litigation ,
<br /> with regard to the matter or matters requiring such cooperation . g . DETERMINATION AND EXTENT OF LIABILITY
<br /> ( b ) The Company may reasonably require the Insured Claimant to This policy is a contract of indemnity against actual monetary
<br /> loss or
<br /> submit to examination under oath by any authorized representative damage sustained or incurred by the Insured Claimant who has suffered
<br /> of the Company and to produce for examination , inspection , and loss or damage by reason of matters insured against by this
<br /> policy .
<br /> copying , at such roasonahle times and places as may be designated ( a � The extent of liability of the Company for loss
<br /> or damage under
<br /> by the authorized representative of the Company, all records , in this policy shall not exceed the lesser of
<br /> whatever medium maintained , including books , ledgers , checks , ( i ) the Amount of Insurance , or
<br /> memoranda , correspondence , reports , e - malls , disks , tapes , and ( ii ) the difference between the value of the Title as
<br /> insured and the
<br /> videos whether bearing a date before or after Date of Policy , that value of the Title subject to the risk insured against
<br /> by this policy.
<br /> reasonably pertain to the loss or damage . Further , if requested by ( b ) If the Company pursues its rights under Section
<br /> 5 of these
<br /> any authorized representative of the Company , the Insured Claimant Conditions and is unsuccessful in establishing the Title , as
<br /> insured ,
<br /> shall grant its permission , in writing , for any authorized representative ( i ) the Amount of Insurance shall he increased by
<br /> 10 % , and
<br /> of the Company to examine , inspect , and copy all of these records ( ii ) the Insured Claimant shall have the right to
<br /> have the Toss or
<br /> in the custody or control of a third party that reasonably pertain to damage determined either as of the date the claim
<br />was made by
<br /> the loss or damage . All information designated as confidential by the Insured Claimant or as of the date it is
<br />settled and paid .
<br /> the Insured Claimant provided to the Company pursuant to this ( c ) In addition to the extent of liability under ( a )
<br />and ( b ) , the Company
<br /> Section shall not he disclosed to others unless , in the reasonahle will also pay those costs , attorneys ' fees , and
<br />expenses incurred In
<br /> judgment of the Company , it is necessary In the administration of accordance with Sections 5 and 7 of these Conditions ,
<br /> the claim . Failure of the Insured Claimant to submit for examination
<br /> under oath , produce any reasonably requested Information , or g . LIMITATION OF LIABILITY
<br /> grant permission to secure reasonably necessary information from ( a ) If the Company establishes the Title , or removes the
<br /> alleged
<br /> third parties as required in this subsection , unless prohibited by defect , lien , or encumbrance , or cures the lack
<br /> of a right of access
<br /> law or governmental regulation , shall terminate any liability of the to or from the Land , or cures the claim of Unmarketable
<br /> Title , all as
<br /> Company under this policy as to that claim . insured , in a reasonably diligent manner by any method , including
<br /> litigation and the completion of any appeals , it shall have fully
<br /> 7 . OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS ; performed its obligations with respect to that matter and shall not
<br /> TERMINATION OF LIABILITY be liable for any loss or damage caused to the Insured .
<br /> In case of a claim under this policy , the Company shall have the ( b ) In the event of any litigation , including
<br /> litigation by the Company
<br /> following additional options : or with the Company ' s consent , the Company shall have no liability
<br /> lal fo Pay or Tender Payment of the Amount of Insurance . for loss or damage until there has been a final
<br /> determination by a
<br /> To pay or tender payment of the Amount of Insurance under this court of competent jurisdiction , and disposition of all
<br />appeals ,
<br /> policy together with any costs , attorneys ' fees , and expenses adverse to the Title , as Insured .
<br /> incurred by the Insured Claimant that were authorized by the ( c ) The Company shall not be liable for loss or damage
<br /> to the
<br /> Company up to the time of payment or tender of payment and that Insured for liability voluntarily assumed by the Insured
<br /> in settling
<br /> the Company is obligated to pay . any claim or suit without the prior written consent of the Company .
<br /> Upon the exercise by the Company of this option , all liahility and
<br /> obligations of the Company to the Insured under this policy , other 10 . REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
<br /> than to make the payment required in this subsection , shall terminate , OF LIABILITY
<br /> ncluding any liability m obligation to defend , prosecute , or contin - All payments under this policy , except payments made
<br /> for costs ,
<br /> Lie any litigation . attorneys ' fees , and expenses , shall reduce the Amount of Insurance
<br /> ( bl To Pay or Otherwise Settle With Parties Other I han the Insured by the amount of the payment .
<br /> or With the Insured Claimant .
<br /> ( i ) to pay or otherwise settle with other parties for or In the
<br /> name of an Insured Claimant any claim insured against under this
<br /> ORT Form 4309 FL
<br /> ALTA Owners Policy of Title Insurance 6-17-06 tv'nh Florida Modifications ) Page 4
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