Laserfiche WebLink
Your Ref: Chain of Title Gua-antee <br /> Order No: 3037541 'F <br /> GUARANTEE CONDITIONS AND S'T'IPULATIONS <br /> (continued) <br /> disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. <br /> Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant <br /> permission to secure reasonably necessary information from third parties as required in the above paragraph, unless <br /> prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured <br /> for that claim. <br /> 6. Options to Pay or Otherwise Settle Claims: <br /> Termination of Liability. <br /> In case of a claim under this Guarantee, the Company shall have the following additional options: <br /> (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. <br /> The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which <br /> could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this <br /> Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase <br /> the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable <br /> attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of <br /> purchase. <br /> Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the <br /> Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to <br /> purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any <br /> collateral security, to the Company upon payment of the purchase price. <br /> Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the <br /> Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, <br /> shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has <br /> exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. <br /> (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. <br /> To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under <br /> this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized <br /> by the Company up to the time of payment and which the Company is obligated to pay. <br /> Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the <br /> -Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, <br /> shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has <br /> Pxercised its options under Paragraph 4. <br /> 7. Determination and Extent of Liability. <br /> This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the <br /> Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and <br /> only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. <br /> The liability of the Company under this Guarantee to the Assured shall not exceed the least of: <br /> (a) the amount of liability stated in Schedule A or in Part 2; <br /> (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or <br /> provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and <br /> Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or <br /> (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate <br /> GC:LS"1 <br /> —13,11 l%bb <br />