CORRESPONDENCE_1977-2008 - Laserfiche WebLink

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� continued) ��s��m�� a�m��a��d��h� ^ �oubov^ pamUm�h' unkmo �nNU� (��mumou�ofHa��o�d�Suhodu�Am � � �mAxmundthe Company xAu bo^ dby |m* mN0 govamm*��mgu|oUon. ohd|�nniom�any U� �� inpa�2; subrogated to all rights and remedies of the Assured after �* Ao»umdohd| hmmmoevomdUophnoipd the Company under this Guum�oo0othe Assured for (b) the amount of the unpaidprincipalindebted- ,interest,andoo�x�ooUoc�on that claim. nouuuouumdby�mmor��N�unAouumdmo�gugoo. � as limited or provided under Soo8nn 8 of these 12Arbitration. 8. Options to Pay or Otherwise Settle Claims: Conditions and Stipulations or as reduced under Section ' ~ ' Termination ofLiability. Qoythese Conditions and Stipulations, at the time the Unless prohibited byapplicable law, either the |ncase ofuclaim under this Guarantee �o \uu� mdamage ummmmdug�n� by �ioGuamn�e Cump�yor�oAooumdmay demand u�KmUonpu+ ' oucumUog�horwK�i��m��omn�'or oua� 0u �aT�|a \noumnnoA�KnUonRules � the Compunyoha!|hmm�oh�Ummingudd�uno|opUono� ' American Arbitration Arbitrable matters ;J � Payment h��md0�m»«*h»�mu»�*»�u*�the«��» b�omn�|imU�U— m�oo�mvmyur LiuUi|kyor�pumkuuo�o|nUob�dnu»o. »/iNmm�no«*mdUemUyu«u�mUh«minand�»wdmay include,u|uimb�wo`n�hoCompunyund"^Ao»umdarising of the �estatem �i� m� uuNm� any 0m � U� . lien or " the � o� The O»m0my»h�|hmmthe«Vb»»V»pay»r»e�* onxumbmmuouaaumdug�n�by�\uGuumn�«� of or relating to this Guarantee, any service of thenruumpmmioo�rurin�anamo��oAooumduny Company inconnection with its issuance orthe breach claim which could result inloss 0othe Assured within 8. Limitation u@Liability. ofeGuarantee provision orother obligation.All mbkm- thocoverage of this Guarantee,urtopay the full amount b|omatters when the Amount ofLiability\a$1.U0O.UO0 ofthis Guarantee or, if this Guarantee ioissued for the (a) If the Company establishes the title, «r urless shall Uoarbitrated atthe option ofeither the benefit of u holder of a mortgage or a |ionhu|dor, the mm»«»« the alleged defect, lien or »nuumUnm«e' or Company or the Assured. All arbitrable matters when Company shall have the option topurchase the indubt- cures any other matter assured against bythis the amount ofliability iuinexcess of$1,000,000 shall odn000secured Uysaid mortgage orsaid lien for the Guarantee inareasonably diligent manner hyany boarbitrated only when agreed 0ot9both the Company amount owing thereon,together with any costs,reason- method, including litigation and the completion ofany and the Assured. The Rules ineffect at Date of able attorneys' fees and expenses incurred bythe appeals therefrom, itshall have fully performed its Guarantee shall bobinding upon the parties.The award Assured claimant which were authorized Uythe obligations with respect Uothat matter and shall not Ue may include attorneys'fees only hthe laws of the state Company uPto the time ofpurchase. liable for any loss mdamage caused thereby. inwhich the land iolocated permits acourt 1oaward Such purchase, payment ortender ofpayment of (b)|»the event ofany litigation hYthe Company«r attorneys'fees tuaprevailing party.Judgment upon the the full amount of the Guarantee shall terminate all |iu' with the Company's consent,the C»mP»»Y uh«U have award rendered by thuArbitratur(s) may be entered in bi|dy of the Company hereunder. In the event after noliability for loss urdamage until there has been afinal any court having jurisdiction thereof. notice ofclaim has been given tothe Company Uythe determination Uymcourt of competent jurisdiction,and The law of the situs of the land shall apply tnun Assured the Company offers topurchase said indebted- disposition of all appeals therefrom,adverse tothe title, arbitration under the Title Insurance Arbitration Rules. nnoo.the owner ofsuch indebtedness shall transfer and u»stated herein. Acopy of the Rules may boobtained from the assign said |ndobteUnoou, together with any ooUmtem| (c) The Company shall not be |iub|a for\ueo or Company upon request. security,tothe Company upon payment of the purchase damage to any Assured for liability voluntarily assume d price. bythe Assured insettling any claim msuit without the 13. Liability Limited toThis Guarantee; Upon the exercise bythe Company of the option prior written consent of the Company. Guarantee Entire Contract. provided for inParagraph (a)the Company's obligation ' � Reduct�n'�Liabi0d9urlernminm�nnmW (u)This Guumm�e�g��orw@h�|endomom»�». VotAoAooumdunUor�ioGuumNmofor�odoimod|oxo or damage, Liability. � »»& a�chodUe�nby �aCompany iothe onU� ' Guarantee and contract between the Assured and the that paragraph,shall terminate,including any obligation All payments under this Guumntee. mma� pa� Company. In interpreting any provision of this to continue the defense urprosecution ofany litigation muNts made for costs, attorneys' fees and expenses Guaranteeis Guarantee ohu|| be construed as u for which�uCompany has oxnmioeUKum�ionounder pumum� � Pumgmph4oU�| mduoathe mnou� � whole ' PamQmpU4.and� � oGuu �nouhu||beourmndomU1u |iubi|h�pm�No � � �) Any claim�|uxu or damage, wk�hororn� �oCompomy�ruanooUa�on. ' ��urO1horwinoS�0oVVU� Purboy0�or 1B. ��o��x��omm. bmoUunnog|igenoo. orunym�ionaoxo�inQouuk (b)To o|uim,shall be restricted 1othis Guarantee. Than the Assured urWith the Assured Claimant. (a) Nopayment shall bomade without producing (c) Wnamendment oforendorsement lothis TUpay orotherwise settle with other parties for or this Guarantee for endorsement of the payment unless Guarantee can Uomade except byowriting endorsed inthe name ofunAssured claimant any claim assured the Guarantee has been lost ordestroyed,inwhich case hereon urattached hereto signed byeither the against under this Guarantee,together with any costs, proof ofloss ordestruction shall b« furnished t»the pmuido� uNoopmuido�.�eSoo��pAunAnoi�� �Nmoyn'fees and expenses inrunndbythe Awuumd oob��un��oCnmpuny ' Soon�ary,orvalidating officer orauthorized signatory of claimant which were authorized Uythe Company upto (b)When liability and the extent ofloss urdamage the Company. the time ofpayment and which the Company ionb|igut- has U*an definitely fixed in u000rdunoa with these odtopay. Conditions and Stipulations,the loss urdamage shall be 14. Notices,Where Sent. Upon the oxom|nu by the Company of the option payable within thirty(3O)days thereafter. All notices required tobogiven the Company and provided for in Paragraph (b)the Company's obligation ��. 0ubm�m�mw0��u�mm�m@or��NUwm�n�. ony�a�montinwhhn0equimd� bm�mioh»d the="'"""=^^~'~~ ~^`~~~~'~~'~' ^~~~^'~~'~~` Company shall include the numbarufthioGuarantee ordamage,other than 0omake the payment required in Whenever the Company shall have settled and andoha| be to theCompanyat 1 RnX that paragraph,shall terminate, including any obligation tocontinue the defense orprosecution ofany litigation paid ao\aim underthis Guarantee,all right ofuuUmga- Am*rioanWay,SantaAna.California 82/07. for which the Company has exercised its options under tion shall vest inthe Company unaffected byany act of the Assured claimant. Paragraph 4. The Company shall be subrogated to and be 7. Determination and Extent ofLiability. entitled to all rights and remedies which the Assured would have had against any person or property in This Guarantee ioucontract NIndemnity against respect tothe claim had this Guarantee not been issued. actual monetary loss ordamage sustained orincurred Ifrequested bythe Company,the Assured shall transfer bythe Assured claimant who has suffered loss ordam- \othe Company all rights and remedies against any per- age UymuuonuYre|iunoouponthouooumno*uoet forth son orproperty necessary inorder toperfect this right inthis Guarantee and only \othe extent herein ofsubrogation.The Assured shall permit the Company described,and subject mthe Exclusions From Coverage 10sue,compromise ursettle iothe name of the Assured ofThis Guarantee. and 0ouse the name of the Assured inany transaction The liability of the Company under this Guarantee orlitigation involving these rights orremedies.