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tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any
<br /> f authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the
<br /> Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage.All
<br /> information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others
<br /> unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for
<br /> examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third
<br /> parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this
<br /> policy as to that claim.
<br /> 7.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
<br /> In case of a claim under this policy,the Company shall have the following additional options:
<br /> (a)To Pay or Tender Payment of the Amount of Insurance.
<br /> To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys'fees;and expenses incurred by the Insured
<br /> Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.
<br /> Upon the exercise by the Company of this option,all liability and obligations of the Company to the Insured under this policy,other than to make the
<br /> payment required in this subsection,shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation.
<br /> (b)To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
<br /> (i)to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy In addition,the
<br /> Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of
<br /> payment and that the Company is obligated to pay;or
<br /> (ii)to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any costs,attomeys'fees,and
<br /> expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to
<br /> Pay.
<br /> Upon the exercise by the Company of either of the options provided for in subsections(b)(i) or(ii), the Company's obligations to the Insured under
<br /> this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to
<br /> defend,prosecute,or continue any litigation.
<br /> 8.DETERMINATION AND EXTENT OF LIABILITY
<br /> This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or
<br /> damage by reason of matters insured against by this policy
<br /> (a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
<br /> (i)the Amount of Insurance;or
<br /> (ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
<br /> (b)If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured,
<br /> (i) the Amount of Insurance shall be increased by 10%,and
<br /> (ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant
<br /> 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,and expenses incurred in accordance with
<br /> 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 a right of access to or from the Land,or
<br /> cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any
<br /> 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.
<br /> (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
<br /> 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.
<br /> (c)The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling an},claim or suit without
<br /> the prior written consent of the Company
<br /> 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY
<br /> 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
<br /> payment.
<br /> 11.LIABILITY NONCUMULATIVE
<br /> 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
<br /> 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
<br /> or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy
<br /> 12.PAYMENT OF LOSS
<br /> 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.
<br /> 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
<br /> (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
<br /> 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
<br /> amount of any loss, costs, attorneys' fees, and expenses paid by the Company If requested by the Company, the Insured Claimant shall execute
<br /> documents to evidence the transfer to the Company of these rights and remedies.The Insured Claimant shall permit the Company to sue,compromise,
<br /> 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
<br /> remedies.
<br /> FORM OF6(rev.12/10)(With Florida Modifications) Page 4 of 5
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