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and videos whether bearing a date before or after Date of
<br />Policy, that reasonablypertain to the loss ordamage. Further,
<br />if requested byanyauthorized representative ofthe Com pany,
<br />the Insured Claimant shall grant its permission, in writing, for
<br />any authorized representative of the Companyto examine,
<br />inspect, and copy all of these records in the custody or control
<br />of a third parry that reasonably pertain to the loss ordamage.
<br />All information designated as confidential by the Insured
<br />Claimant provided to the Company pursuant to this Section
<br />shall not be disclosed to others unless, in the reasonable
<br />judgment of the Company, itis necessary in the administration
<br />of the claim. Failure of the Insured Claimantto submitfor
<br />examination under oath, produce any reasonably requested
<br />information, or grant permission to secure reasonably
<br />necessary information from third parties as required in this
<br />subsection, unless prohibited by law or governmental
<br />regulation, shall terminate any liability of the Companyunder
<br />this policy as to that claim.
<br />7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
<br />TERMINATION OF LIABILITY
<br />In case of a claim underthis policy, the Company shall have the
<br />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
<br />policy together with any costs, attorneys' fees, and expenses
<br />in-curred by the Insured Claimant that were authorized by the
<br />Com-panyup to the time of paymentor tenderof paymentand that
<br />the Company is obligated to pay.
<br />Upon the exercise by the Company of this option, all liability and
<br />obligations ofthe Companyto the Insured underthis policy, other
<br />than to make the payment required in this subsection, shall
<br />termi-nate, including anyliabilityor obligation to defend, prosecute,
<br />or continue any litigation.
<br />(b) To Pay or Otherwise Settle With Parties Other Than the
<br />Insured or With the Insured Claimant.
<br />(i) To pay or otherwise settle with other parties for or in the
<br />name of an Insured Claimant any claim insured against
<br />underthis policy. In addition, the Companywill payany
<br />costs, attorneys' fees, and expenses incurred by the
<br />Insured Claimant that were authorized by the Company
<br />up to the time of payment and that the Company is
<br />obligated to pay, or
<br />(ii) To pay or otherwise settle with the Insured Claimant the
<br />loss or damage provided for under this policy, together
<br />with any costs, attorneys' fees, and expenses incurred by
<br />the Insured Claimant that were authorized by the
<br />Company up to the time of payment and that the
<br />Company is obligated to pay.
<br />Upon the exercise bythe Com panyofeither ofthe options provided
<br />for in subsections (b)(i) or (ii), the Company's obligations to the
<br />Insured under this policyfor the claimed loss or damage, other than
<br />the payments required to be made, shall terminate, including any
<br />liabiliryorobligation to defend, prosecute, or continue anylitigation.
<br />8. DETERMINATION AND EXTENT OF LIABILITY
<br />This policy is a contract of indemnityagainstactual monetaryloss
<br />or damage sustained orincurred bythe Insured Claimantwho has
<br />suffered loss ordamage byreason of matters insured againstby
<br />this policy.
<br />(a) The extent of liabi I ityof the Corn panyfor loss or damage under
<br />this policy shall not exceed the lesser of
<br />(i) the Amount of Insurance; or
<br />ALTA 6-17-06 Ow ner's Policy (with Florida modifications)
<br />WFG National Form No. 3155412
<br />(ii) the difference between the value of the Title as insured
<br />and the value of the Title subject to the risk insured
<br />against by this policy.
<br />(b) If the Companypursues its rights under Section 5 of these
<br />Conditions and is unsuccessful in establishing the Title, as
<br />insured,
<br />(i) the Amount of Insurance shall be increased by 10%, and
<br />(ii) the Insured Claimantshall havethe rightto have the loss
<br />or damage determined eitheras ofthe date the claim was
<br />made bythe Insured Claimantoras ofthe date itis settled
<br />and paid.
<br />(c) In addition to the extent of liability under (a) and (b), the
<br />Com-pany will also pay those costs, attorneys' fees, and
<br />expenses incurred in accordance with Sections 5 and 7 of
<br />these Condi-tions.
<br />9. LIMITATION OF LIABILITY
<br />(a) If the Company establishes the Title, or removes the alleged
<br />defect, lien, or encumbrance, or cures the lack of a right of
<br />ac -cess to or from the Land, or cures the claim of
<br />Unmarketable Title, all as insured, in a reasonably diligent
<br />mannerbyany method, including litigation and the completion
<br />of any appeals, its hall have fully performed its obligations with
<br />respect to that matter and shall not be liable for any loss or
<br />damage caused to the Insured.
<br />(b) In the event of any litigation, including litigation by the
<br />Com-panyorwith the Company's consent, the Companyshall
<br />have no liabilityfor loss ordamage until there has been a final
<br />deter-mination by a court of competent jurisdiction, and
<br />disposition of all appeals, adverse to the Title, as insured.
<br />(c) The Company shall not be liable for loss or damage to the
<br />In-sured for liability voluntarily assumed by the Insured in
<br />settling any claim or suit withoutthe prior written consent of
<br />the Company.
<br />10. REDUCTION OF INSURANCE; REDUCTION OR
<br />TERMINATION OF LIABILITY
<br />All payments under this policy, except payments made for costs,
<br />attorneys' fees, and expenses, shall reduce the Amount of
<br />Insurance by the amount of the payment.
<br />11. LIABILITY NONCUMULATIVE
<br />The Amount of Insurance shall be reduced by any amount the
<br />Company pays under any policy insuring a Mortgage to which
<br />exception is taken in Schedule B or to which the Insured has
<br />agreed, assumed, or taken subject, or which is executed by an
<br />Insured after Date of Policy and which is a charge or lien on the
<br />Title, and the amountso paid shall be deemed a paymentto the
<br />Insured underthis policy.
<br />12. PAYMENT OF LOSS
<br />When liabilityand the extent of loss ordamage have been definitely
<br />fixed in accordance with these Conditions, the payment shall be
<br />made within 30 days.
<br />13. RIGHTS OF RECOVERY UPON PAYMENT OR
<br />SETTLEMENT
<br />(a) Whenever the Company shall have settled and paid a claim
<br />under this policy, it shall be subrogated and entitled to the
<br />rights of the Insured Claimant in the Title and all other rights
<br />and remedies in respecttothe claim thatthe Insured Claimant
<br />has against any person orproperty, to the extent ofthe amount
<br />
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