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Y a (a) If the Company establishes the Title , or removes the alleged defect , lien , or encumbrance , or cures the lack of a right of access to or from the Land , or cures the claim of Unmarketable Title, all as insured , in a reasonably diligent manner by any method , including litigation and the completion of any appeals , it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured . (b) In the event of any litigation , including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent . jurisdiction , and disposition of all appeals , adverse to the Title , as insured . (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company . 10. REDUCTION OF INSURANCE ; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy , except payments made for costs , attorneys' fees , and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11 . LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed , assumed , or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title , and the amount so paid shall be deemed a payment to the Insured under this policy. 12 . PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days . 13 . RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a ) Whenever the Company shall have settled and paid a claim under this policy , it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, , to the extent of the amount of any loss , costs , attorneys' fees , and expenses paid by the Company . If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies . The Insured Claimant shall permit the Company to sue, compromise , or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies . If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss . (b ) The Company's right of subrogation includes the rights of the Insured to indemnities , guaranties , other policies of insurance , or bonds , notwithstanding any terms or conditions contained in those instruments that address subrogation rights . 14. ARBITRATION Unless prohibited by applicable law , arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim . Arbitrable matters may include , but are not limited to , any controversy or claim between the Company and the Insured arising i out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision ALTA Owner's Policy (6/17/06) 8130609 7 of 8 (with Florida Modifications) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association i