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CONDITIONS(con't)
<br /> 6. DUTY OF INSURED CLAIMANT TO COOPERATE policy.In addition,the Company will pay any costs,attorneys'fees,
<br /> (a)In all cases where this policy permits or requires the Company and expenses incurred by the Insured Claimant that 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 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 or provide defense in the action or proceeding, (ii)to pay or otherwise settle with the Insured 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 with any costs,
<br /> this purpose. Whenever requested by the Company,the Insured, attorneys'fees,and expenses incurred by the Insured 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 and that
<br /> aid(i)in securing evidence,obtaining 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 the options provided
<br /> 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
<br /> as insured. If the Company is prejudiced by the failure of the Insured under this policy for the claimed loss or damage,other than
<br /> Insured to furnish the required cooperation,the Company's obligations the payments required to be made,shall terminate,including any
<br /> to the Insured under the policy shall terminate,including any liability or obligation to defend,prosecute,or continue any
<br /> liability or obligation to defend,prosecute,or continue any litigation, litigation.
<br /> with regard to the matter or matters requiring such cooperation.
<br /> (b)The Company may reasonably require the Insured Claimant to 8.DETERMINATION AND EXTENT OF LIABILITY
<br /> submit to examination under oath by any authorized representative This policy is a contract of indemnity against actual monetary loss or
<br /> of the Company and to produce for examination,inspection,and damage sustained or incurred by the Insured Claimant who has suffered
<br /> copying,at such reasonable times and places as may be designated loss or damage by reason of matters insured against by this policy.
<br /> by the authorized representative of the Company,all records,in (a)The extent of liability of the Company for loss or damage under
<br /> whatever medium maintained,including books,ledgers,checks, this policy shall not exceed the lesser of
<br /> memoranda,correspondence,reports,e-mails,disks,tapes,and (i)the Amount of Insurance;or
<br /> 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
<br /> reasonably pertain to the loss or damage. Further,if requested by value of the Title subject to the risk insured against by this policy.
<br /> any authorized representative of the Company,the Insured Claimant (b)If the Company pursues its rights under Section 5 of these
<br /> shall grant its permission,in writing,for any authorized representative Conditions and is unsuccessful in establishing the Title,as insured,
<br /> of the Company to examine,inspect,and copy all of these records (i)the Amount of Insurance shall be increased by 10%,and
<br /> 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
<br /> the loss or damage. All information designated as confidential by damage determined either as of the date the claim was made by
<br /> the Insured Claimant provided to the Company pursuant to this the Insured Claimant or as of the date it is settled and paid.
<br /> 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
<br /> judgment of the Company,it is necessary in the administration of will also pay those costs,attorneys'fees,and expenses incurred in
<br /> the claim. Failure of the Insured Claimant to submit for examination accordance with Sections 5 and 7 of these Conditions.
<br /> under oath,produce any reasonably requested information,or
<br /> grant permission to secure reasonably necessary information from 9.LIMITATION OF LIABILITY
<br /> third parties as required in this subsection,unless prohibited by (a)If the Company establishes the Title,or removes the alleged
<br /> law or governmental regulation,shall terminate any liability of the defect, lien,or encumbrance,or cures the lack of a right of access
<br /> Company under this policy as to that claim. to or from the Land,or cures the claim of Unmarketable Title,all as
<br /> insured,in a reasonably diligent manner by any method,including
<br /> 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; litigation and the completion of any appeals,it shall have fully
<br /> TERMINATION OF LIABILITY performed its obligations with respect to that matter and shall not
<br /> In case of a claim under this policy,the Company shall have the be liable for any loss or damage caused to the Insured.
<br /> following additional options: (b)In the event of any litigation,including litigation by the Company
<br /> (a)To Pay or Tender Payment of the Amount of Insurance. or with the Company's consent,the Company shall have no liability
<br /> 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
<br /> policy together with any costs,attorneys'fees,and expenses court of competent jurisdiction,and disposition of all appeals,
<br /> incurred by the Insured Claimant that were authorized by the adverse to the Title,as insured.
<br /> 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
<br /> the Company is obligated to pay. Insured for liability voluntarily assumed by the Insured in settling
<br /> Upon the exercise by the Company of this option,all liability and any claim or suit without the prior written consent of the Company.
<br /> obligations of the Company to the Insured under this policy,other
<br /> than to make the payment required in this subsection,shall terminate, 10.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION
<br /> including any liability or obligation to defend,prosecute,or contin- OF LIABILITY
<br /> ue any litigation. All payments under this policy,except payments made for costs,
<br /> (b)To Pay or Otherwise Settle With Parties Other Than the Insured attorneys'fees,and expenses,shall reduce the Amount of Insurance
<br /> or With the Insured Claimant. by the amount of the payment.
<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(with Florida Modifications) Page 4
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