Common use of PROOF OF LOSS OR DAMAGE Clause in Contracts

PROOF OF LOSS OR DAMAGE. (a) In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event notices required under Section 3 of these Conditions and Stipulations have been provided the Company is unable to determine the amount Company, a proof of loss or damage, damage signed and sworn to by the insured claimant shall be furnished to the Company may, at its option, require as a condition of payment that within 90 days after the Assured furnish a signed proof of lossinsured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss must or damage shall describe the defectdefect in, lien, encumbranceor lien or encumbrance on the title, or other matter that insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Assured insured claimant may reasonably be required to submit to examination under oath by any an authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of GuaranteePolicy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured insured claimant provided to the Company pursuant to this paragraph Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary neccessary in the administration of the claim. Failure of the Assured insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, this paragraph shall terminate any liability of the Company under this Guarantee policy as to the Assured for that claim.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event notices required under Section 3 of these Conditions and Stipulations have been provided the Company is unable to determine the amount Company, a proof of loss or damage, damage signed and sworn to by the insured claimant shall be furnished to the Company may, at its option, require as a condition of payment that within 90 days after the Assured furnish a signed proof of lossinsured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss must or damage shall describe the defectdefect in, lien, encumbranceor lien or encumbrance on the title, or other matter that insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Assured insured claimant may reasonably be required to submit to examination under oath by any an authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of GuaranteePolicy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured insured claimant provided to the Company pursuant to this paragraph Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, this paragraph shall terminate any liability of the Company under this Guarantee policy as to the Assured for that claim.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event notices required under Section 3 of these Conditions and Stipulations have been provided the Company is unable to determine the amount Company, a proof of loss or damage, damage signed and sworn to by the insured claimant shall be furnished to the Company may, at its option, require as a condition of payment that within 90 days after the Assured furnish a signed proof of lossinsured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss must or damage shall describe the defectdefect in, lien, encumbranceor lien or encumbrance on the title, or other matter that insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company’s obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Assured insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of GuaranteePolicy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured insured claimant provided to the Company pursuant to this paragraph Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee policy as to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys’ fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys’ fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of either of the options provided for in paragraphs a(i) or (ii), all liability and obligations to the insured under this policy, other than to make the payment required in those paragraphs, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys’ fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys’ fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or (ii), the Company’s obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event notices required under Section 3 of these Conditions and Stipulations have been provided the Company is unable to determine the amount Company, a proof of loss or damage, damage signed and sworn to by each insured claimant shall be furnished to the Company may, at its option, require as a condition of payment that within 90 days after the Assured furnish a signed proof of lossinsured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss must or damage shall describe the defectdefect in, lien, encumbranceor lien or encumbrance on the title, or other matter that insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation with regard to the matter or matters requiring such proof of loss or damage. In addition, the Assured an insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of GuaranteePolicy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured an insured claimant provided to the Company pursuant to this paragraph Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee policy as to the Assured that insured for that claim.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event the Company is unable to determine the amount notices required under Section 3 of these Conditions and Stipulations have been provided The Fund, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to The Fund within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must or damage shall describe the defectdefect in, lien, encumbranceor lien or encumbrance on the title, or other matter that insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If The Fund is prejudiced by the failure of the insured claimant to provide the required proof or loss or damage, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Assured insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company The Fund and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the CompanyThe Fund, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of GuaranteePolicy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the CompanyThe Fund, the Assured insured claimant shall grant its permission, in writing, for any authorized representative of the Company The Fund to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured insured claimant provided to the Company The Fund pursuant to this paragraph Section shall not be disclosed to others unless, in the reasonable judgment of the CompanyThe Fund, it is necessary in the Conditions and Stipulations (continued on following page) EXHIBIT "E" Conditions and Stipulations (continued) administration of the claim. Failure of the Assured insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, this paragraph shall terminate any liability of the Company The Fund under this Guarantee policy as to the Assured for that claim.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event notices required under Section 3 of these Conditions and Stipulations have been provided the Company is unable to determine the amount Company, a proof of loss or damage, damage signed and sworn to by the insured claimant shall be furnished to the Company may, at its option, require as a condition of payment that within 90 days after the Assured furnish a signed proof of lossinsured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss must or damage shall describe the defectdefect in, lien, encumbranceor lien or encumbrance on the title, or other matter that insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company’s obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Assured insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of GuaranteePolicy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured insured claimant provided to the Company pursuant to this paragraph Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee policy as to the Assured for that claim.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event notices required under Section 3 of these Conditions and Stipulations have been provided the Company is unable to determine the amount Company, a proof of loss or damage, damage signed and sworn to by the insured claimant shall be furnished to the Company may, at its option, require as a condition of payment that within 90 days after the Assured furnish a signed proof of lossinsured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss must or damage shall describe the defectdefect in, lien, encumbranceor lien or encumbrance on the title, or other matter that insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Assured insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of GuaranteePolicy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured insured claimant provided to the Company pursuant to this paragraph Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee policy as to the Assured for that claim.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event notices required under Section 3 of these Conditions and Stipulations have been provided the Company is unable to determine the amount Company, a proof of loss or damage, damage signed and sworn to by the insured claimant shall be furnished to the Company may, at its option, require as a condition of payment that within 90 days after the Assured furnish a signed proof of lossinsured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss must or damage shall describe the defectdefect in, lien, encumbranceor lien or encumbrance on the title, or other matter that insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Assured insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, books ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of GuaranteePolicy, which reasonably pertain pertaining to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured insured claimant shall grant its permission, in writing, for any authorized representative of or the Company to examine, inspect and copy all records, books, books ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured insured claimant provided to the Company pursuant to this paragraph Section shall not be disclosed to others unless, in the reasonable judgment judgement of the Company, it is necessary in the administration of the claim. Failure of the Assured insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, this paragraph shall terminate any liability of the Company under this Guarantee policy as to the Assured for that claim.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event notices required under Section 3 of these Conditions and Stipulations have been provided to the Company is unable to determine the amount Company, a proof of loss or damage, damage signed and sworn to by the Assured shall be furnished to the Company may, at its option, require as a condition of payment that within 90 days after the Assured furnish a signed proof of lossshall ascertain the facts giving rise to the loss or damage. The proof of loss must or damage shall describe the defect, lien, encumbrance, or other matter that constitutes matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company’s obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Companycompany, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim.

PROOF OF LOSS OR DAMAGE. (a) In addition to and after the event notices required under Section 3 of these Conditions and Stipulations have been provided the Company is unable to determine the amount Company, a proof of loss or damage, damage signed and sworn to by the insured claimant shall be furnished to the Company may, at its option, require as a condition of payment that within 90 days after the Assured furnish a signed proof of lossinsured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss must or damage shall describe the defectdefect in, lien, encumbranceor lien or encumbrance on the title, or other matter that insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) . If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the Assured insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of GuaranteePolicy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured insured claimant provided to the Company pursuant to this paragraph Section shall not be disclosed to others unless, in . In the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, this paragraph shall terminate any liability of the Company under this Guarantee policy as to the Assured for that claim.