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CONDITIONS (cmo't) 6 DUTY OF INSURED CLAIMANT TgCOOPERATE (a) Inall cases where this policy permits mrequires the Company Luprosecute orprovide for the defense nfany action urproceeding and any appeals, the Insured shall secure tuthe Company the right tnooprosecute orprovide defense inthe action orproceeding, including the right tuuse, atits option, the name nfthe Insured for this purpose. Whenever requested bythe Company, tile Insured, otthe Company's expense, shall give the Company all reasonable aid (i)insecuring evidence, obtaining witnesses, prosecuting ur defending the action urproceeding, ureffecting settlement, and (ii)inany other lawful act that inthe opinion ofthe Company may banecessary ordesirable 0uestablish the Title urany other matter as insured. /fthe Company ioprejudiced hythe failure ofthe Insured to furnish the required cooperation, the Company's obligations tothe Insured under the policy shall terminate, including any liability orobligation todefend, prosecute, orcontinue any litigation, with regard tothe matter nrmatters requiring such cooperation. (b)The Company may reasonably require the Insured Claimant tu submit toexamination under oath bvany authorized representative ofthe Company and |oproduce for examination, inspection, and copying, utsuch reasonable times and places uxmay bodesignated bythe authorized representative nfthe Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, n-mai/o.disks, tapes, and videos whether bearing adate before orafter Date ofPolicy, that reasonably pertain tothe loss ordamage. Further, ifrequested hy any authorized representative ofthe Company, the Insured Claimant shall grant its permission, inwriting, for any authorized representative ofthe Company tu.exomine.inspect, and copy all nfthese records inthe custody orcontrol ufathird party that reasonably pertain to, the loss nrdamage. All information designated ooconfidential by the Insured Claimant provided tothe Company pursuant Nthis Section shall not bndisclosed toothers unless, inthe reasonable judgment ofthe Company, itionecessary inthe administration uf the claim. Failure nfthe Insured Claimant tosubmit for examination under oath, produce any reasonably requested information, ur grant permission tosecure reasonably necessary information from third parties exrequired inthis subsection, unless prohibited hy law urgovernmental regulation, shall terminate any liability ofthe Company under this policy antothat claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY |ncase ufaclaim under this policy, the Company shall have the following additional options: (a)ToPay urTender Payment ofthe Amount ofInsurance. lopay ortender payment ofthe Amount nfInsurance under this policy together with any costs, ottumeym'f000.and expenses incurred bythe Insured Claimant that were authorized bythe Company uptnthe time ufpayment mtender ofpayment and that the Company iuobligated topay. Upon the exercise bythe Company ufthis option, all liability and obligations ofthe Company tuthe Insured under this policy, other than tomake the payment required inthis subsection, shall terminate, including any liability orobligation tudefend, prosecute, urcontin- ue uny|itiQodun. (b)TuPay urOtherwise Settle With Parties Other Than the Insured orWith the Insured Claimant. (i)tnpay o/otherwise settle with other parties for orinthe name ufonInsured Claimant any claim insured against under this ORT Form 4309a ALTA Owners Policy of Title Insurance 6-17-06 (with Florida Modifications) policy. haddition, the Company will pay any costs, attomoy'feoo and expenses incurred bythe Insured Claimant that were authorized bythe Company up0othe time nfpayment and that the Company ix obligated topay; or (ii)tnpay orotherwise settle with the Insured Claimant the loss ur damage provided for under this policy, together with any costs, uttnmeym'fuoo.and expenses incurred bythe Insured Claimant that were authorized bythe Company upNthe time ofpayment and that the Company /oobligated topay. Upon the exercise bythe Company ofeither of the options provided for insubsections (b)(i)or(ii),the Company's obligations tothe Insured under this policy for the claimed loss urdamage, other than the payments required tobomade, shall terminate, including any liability orobligation Ndefend, prosecute, orcontinue any 8. DETERMINATION AND EXTENT OF LIABILITY This policy isacontract ofindemnity against actual monetary loss ur damage sustained nrincurred bythe Insured Claimant who has suffered loss urdamage byreason ufmatters insured against bythis policy. (a)The extent ofliability ufthe Company for loss urdamage under this policy shall not exceed the lesser of (i)the Amount ofInsurance; o/ (ii) the difference between the value ufthe Title ouinsured and the value o/the Title subject 0othe risk insured against bythis policy. (b)|fthe Company pursues its rights under Section 5ufthese Conditions and iounsuccessful inestablishing the Title, ooinsured, (i)the Amount ufInsurance shall heincreased bylO%'and (ii)the Insured Claimant shall have the right iuhave the loss or damage determined either aoofthe date the claim was made hy the Insured Claimant oraoofthe date hixsettled and paid. (v)!naddition tothe extent- ufliability under (a)and (b[the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5and 7ofthese Conditions. 9. LIMITATION @FLIABILITY (a)Uthe Company establishes the Title, mremoves the alleged defect, lien, orencumbrance, orcures the lack ofaright ofaccess 1oorfrom the Land, nrcures the claim ofUnmarketable Title, all ax insured, inareasonably diligent manner byany method, including litigation and the completion ufany appeals, bshall have fully performed its obligations with respect tuthat matter and oha||not heliable for any loss ordamage caused (othe Insured. (b)hthe event ufany litigation, including litigation bythe Company orwith the Company's consent, the Company shall have nnliability for loss ordamage until there has been efinal determination byo court ufcompetent jurisdiction, and disposition nfall appeals, adverse 1nthe Title, aoinsured. (r)The Company shall not beliable for loss ordamage tuthe Insured for liability voluntarily assumed hythe Insured insettling any claim orsuit without the prior written consent ufthe Company. 10.REDUCTION 8FINSURANCE; REDUCTION ORTERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount nfInsurance bythe amount ofthe payment.