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Bid* No. 86-1 i Page 17 of 48-
<br /> Contract No. 10A514
<br /> Railroad.(All RR'S} (Cont'd)
<br /> $-4-4E'
<br /> 6. Nodee k the event of an occurrence-or loss, written notice containing
<br /> particulars sufficient to identify-the insured and also reasonably obtainable
<br /> information with respect to. the time; place and circumstances, thereof, and
<br /> then-names: and, addresses of the-injured and of available. witnesses,. shall be
<br /> given by or for the insured to the company or any of its authorized agents
<br /> ass soon as.practicable. If claim.is made or-suit.is,brought against the insured;
<br /> hw shall'.immediately forward to the:company every demand, notice, summons
<br /> or other process received by him or his representative.
<br /> T. Assistance and Cooperation of the'Insured; Coverages,.A and B,--The in-
<br /> sured
<br /> ssured shall. cooperate- with. the- company and, upon the company's- request,
<br /> attend hearings. and. trialx and assist, in maldng, settlements, securing and
<br /> giving:evidence,. obtaining:the- attendance of:witnesses,and,in the:conduct. of.
<br /> snits. The insured shall not,.except at.his m own cost, voluntarily make any pay-
<br /> ment;,assume-any obligation or incur any expense-other than for such immedi-
<br /> ate,-medical and surgical relief to others,as shall.be imperative at the,time,of.
<br /> accident-
<br /> & Actioa Against Company, Coverages,. A and, B:No� action shall lie
<br /> against the company-unless,,as-a condition precedent thereto, the insured shall.
<br /> have fully,complied.with- all the terms-of this policy, nor until the amount of
<br /> the, insureds: obligation..to pay shall have- been, finally determined either by
<br /> judgment against.the.insured after actual trial or-by written agreement of the-
<br /> insured,.the.claimant and the company. -
<br /> Any person.or organization or- the: legal. representative thereof who has,
<br /> secured suchjudgment, or written.agreement•shall thereafter be entitled to
<br /> recover- under this, policy to. theT.extent of. the, insurance, afforded. by this,
<br /> poliey. No, person.or organization: shall have, any right under this- policy to
<br /> join=the- company a&a.party to any-action against-the.insured.to determine
<br /> the:=insured'a• liability.. Bankruptcy or- insolvency of. the, insured or of the:
<br /> insureds:estate shall. not reliever the, company of any of-its.obligations.,here-
<br /> under...
<br /> Ooveragei M—Nb:action,shall lie against the company unless, as-a:condition
<br /> precedent thereto; there shall have been full compliance.with all the terms of
<br /> this,policy nor until 30 days after proof of loss is filed and the amount of loss
<br /> is-determined as provided in this policy.
<br /> 9. Insured's�Duties.in Event of`Loss, Ooveraget C.—In-the-event of loss.the,
<br /> insured shall:
<br /> (a) protect-the,property, whether or not the loss is covered by this policy,
<br /> and any further loss due,to the-insured's failure to protect shall not be
<br /> recoverable,under,this policy; reasonable expenses incurred in word-
<br /> ing such.protection.shall.be deemed incurred at the company's request;
<br /> (b) file, with the, company, as- soon- as: practicable after loss, his sworn
<br /> proof of, loss: in such form, and including- such information as the
<br /> company may reasonably require- and shall, upon the company's re-
<br /> quest, exhibit the damaged,property.
<br /> 10. Appraisal;:Coverage:C:—If.the-insured and the company fail to agree;
<br /> as-.to the amount.of:loss, either may, within.60 days after the proof of loss is
<br /> filed,,demand an appraisal of the loss. In such event the insured and the,com-
<br /> pany shall.each select x competent appraiser, and the appraisers shall select a
<br /> competent and disinterested umpire. The appraisers shall state separately the —
<br /> actual cash value and the_ amount of. loss and failing to agree- shall. submit
<br /> their.-differences-to.the umpire. An award in writing of any two shall deter-
<br /> mine-theL amount. of loss. The, insured and the company shall each pay his,
<br /> chosenappraiser and shall bear,equally the other,expenses of- the appraisal
<br /> and umpire.
<br /> The company shall,not be held to have-waived any of its rights by any-act
<br /> relating to L appraisal.
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