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CONDITIONS (con't) 6. DUTY OF INSURED CLAIMANT TO COOPERATE policy. In addition , the Company will pay any costs, attorneys ' fees, (a) In all. cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that were authorized to prosecute or provide for the defense of any action or proceeding by the Company up to the time of payment and that the Company is and any appeals, the Insured shall secure to the Company the right obligated to pay; or to so prosecute or provide defense in the action or proceeding, ( ii ) to pay or otherwise settle with the Insured Claimant the loss or including the right to use, at its option, the name of the Insured for damage provided for under this policy, together with any costs, this purpose . Whenever requested by the Company, the Insured, attorneys' fees, and expenses incurred by the Insured Claimant that at the Company's expense, shall give the Company all reasonable were authorized by the Company up to the time of payment and that aid ( i) in securing evidence, obtaining witnesses, prosecuting or the Company is obligated to pay. defending the action or proceeding, or effecting settlement, and ( ii► in any other lawful act that in the opinion of the Company may Upon the exercise by the Company of either of the options provided be necessary or desirable to establish the Title or any other matter for in subsections ( b)( i ) or ( ii ), the Company's obligations to the as insured. If the Company is prejudiced by the failure of the Insured under this policy for the claimed loss or damage , other than Insured to furnish the required cooperation, the Company's obligations the payments required to be made, shall terminate, including any to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any liability or obligation to defend, prosecute, or continue any litigation, litigation . with regard to the matter or matters requiring such cooperation. ( b) The Company may reasonably require the Insured Claimant to g, DETERMINATION AND EXTENT OF LIABILITY submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary loss or of the Company and to produce for examination, inspection, and damage sustained or incurred by the Insured Claimant who has suffered copying, at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy. by the authorized representative of the Company, all records , in (a ) The extent of liability of the Company for loss or damage under whatever medium maintained, including books, ledgers, checks, this policy shall not exceed the lesser of memoranda, correspondence, reports, e-mails, disks, tapes, and ( i ) the Amount of Insurance; or videos whether bearing a date before or after Date of Policy, that ( ii ) the difference between the value of the Title as insured and the reasonably pertain to the loss or damage. Further, if requested by value of the Title subject to the risk insured against by this policy. any authorized representative of the Company, the Insured Claimant ( b) If the Company pursues its rights under Section 5 of these shall grant its permission, in writing, for any authorized representative Conditions and is unsuccessful in establishing the Title, as insured, of the Company to examine, inspect, and copy all of these records ( i ) the Amount of Insurance shall be increased by 10% , and in the custody or control of a third party that reasonably pertain to ( ii ) the Insured Claimant shall have the right to have the loss or the loss or damage. All information designated as confidential by damage determined either as of the date the claim was made by the Insured Claimant provided to the Company pursuant to this the Insured Claimant or as of the date it is settled and paid. Section shall not be disclosed to others unless, in the reasonable (c) In addition to the extent of liability under (a ) and ( b), the Company judgment of the Company, it is necessary in the administration of will also pay those costs, attorneys' fees, and expenses incurred in the claim. Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions, under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from 9. LIMITATION OF LIABILITY third parties as required in this subsection, unless prohibited by (a ) If the Company establishes the Title, or removes the alleged law or governmental regulation, shall terminate any liability of the defect, lien, or encumbrance, or cures the lack of a right of access Company under this policy as to that claim , to or from the Land, or cures the claim of Unmarketable Title , all as insured, in a reasonably diligent manner by any method , including 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; litigation and the completion of any appeals, it shall have fully TERMINATION OF LIABILITY performed its obligations with respect to that matter and shall not In case of a claim under this policy, the Company shall have the be liable for any loss or damage caused to the Insured . following additional options: ( b) In the event of any litigation, including litigation by the Company (a ) To Pay or Tender Payment of the Amount of Insurance. or with the Company's consent, the Company shall have no liability To pay or tender payment of the Amount of Insurance under this for loss or damage until there has been a final determination by a policy together with any costs, attorneys' fees, and expenses court of competent jurisdiction, and disposition of all appeals, incurred by the Insured Claimant that were authorized by the adverse to the Title, as insured . Company up'to the time of payment or tender of payment and that (c) The Company shall not be liable for loss or damage to the the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling Upon the exercise by the Company of this option, all liability and any claim or suit without the prior written consent of the Company. obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, 10 . REDUCTION OF INSURANCE, REDUCTION OR TERMINATION including any liability or obligation to defend , prosecute , or Contin- OF LIABILITY ue any litigation. All payments under this policy, except payments made for costs, ( b) To Pay or Otherwise Settle With Parties Other Than the Insured attorneys ' fees, and expenses, shall reduce the Amount of Insurance or With the Insured Claimant. by the amount of the payment. ( i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this ORT Form 4309 FL ALTA Owners Policy of Title Insurance & 1 7w06 (with Florida Modifications) Page 4