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<br />the prior written consent of the Company.
<br />10. REDUCTION OF INSURANCE' REDUCTION OR TERMINATION OF LIABILITY,
<br />All payments under this Policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto.
<br />11, LIABILITY NONCUMULATIVE. .
<br />It is expressly understood that the Amount of Insurance under this Policy shall be reduced by any amount the Company may pay under any Policy insuring
<br />a mortgage to,which exception is taken in Schedule B or to which the Insured has agreed, assumed or taken subject, or which is hereafter executed by an
<br />Insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under
<br />this Policy to the insured owner,
<br />12, PAYMENTOFLOSS,
<br />(a) No payment shall be made without producing this Policy for endorsement of the payment unless the Policy has been lost or destroyed, in which case
<br />proof of loss or destruction shall be furnished to the satisfaction of the Company. -
<br />(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall
<br />be payable within 30 days thereafter,
<br />13, SUBROGATION UPON PAYMENT OR SETTLEMENT,
<br />(a) The ComDanv's Rioht of Subrooation
<br />Whenever the Company shall have settled and paid a claim under this Policy, all right of subrogation shall. vest in the Company unaffected by any act
<br />of the Insured Claimant. The Company shall be subrogated to and be entitled to all rights and remedies that the Insured Claimant would have had against
<br />any person or property in respect to the claim had this policy not been issued, If requested by the Company, the Insured Claimant shall transfer to the
<br />Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Insured Claimant shall permit
<br />the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation
<br />involving these rights or remedies.
<br />If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall be subrogated to these rights and remedies
<br />in the proportion that the Company's payment bears to the whole amount of the loss,
<br />If loss should result from any act of the Insured Claimant, as stated above, that act shall not void this Policy, but the Company, in that event, shall be
<br />required to pay only that part of any losses insured against by this Policy that shall exceed the amount, if any, lost to the Company by reason of the
<br />impairment by the Insured Claimant of the Company's right of subrogation.
<br />(b) The ComDanv's Riohts Aoainst Non-Insured Oblioors
<br />The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the Insured to indemnities,
<br />guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide for subrogation
<br />rights by reason of this Policy.
<br />14, ARBITRATION,
<br />Unless prohibited by applicable law or unless this arbitration section is deleted by specific provision in Schedule B of this Policy, either the Company or the
<br />Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but
<br />are not limited to, any controversy ot claim betwee.!!Jhe _ CO,,!p"any and theJnsured arising out o!"p'r relating'to thil!,.p-'olicy, and service oUhe Company in
<br />connection with its issuance or the breach of a PoliCY provision orother obligation, All arbitrable matters when the Amount IIf Insurance is $1,000,000 or less
<br />SHALL BE arbitrated at the request of either the Company or the Insured, unless the Insured is an individual person (as distinguished from a corporation, trust,
<br />partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 SHALL BE arbitrated only when
<br />agreed to by both the Company and the Insured. Arbitration pursuant to the Policy and under the Rules in effect on the date the demand for arbitration is made,
<br />or at the option of the Insured, the Rules in effect at the Date of Policy shall be binding upon the parties, The award may include attorneys' fees only if the
<br />laws of the state in which the land is located permit a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by Arbitrator(s)
<br />may be entered in any court having jurisdiction thereof,
<br />The law of the situs of the land shall apply to any arbitration under the Title Insurance Arbitration Rules.
<br />A copy of the Rules may be obtained from the Company upon request.
<br />15, LIABILITY LIMITED TO THIS POLICY' POLICY ENTIRE CONTRACT,
<br />(a) This Policy together with all endorsements, if any, attached hereto by the Company is the entire Policy and contract between the Insured and the
<br />Company. In interpreting any provision of this Policy, this Policy shall be construed as a whole,
<br />(b) Any claim of loss or damage whelher or not based on negligence and which arises out of the status of the title to the estate or interest covered hereby
<br />or by any action asserting such claim shall be restricted to this Policy,
<br />(c) No amendment of or endorsement to this Policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a
<br />Vice President, the Secretary, an Assistant Secretary or validating officer or authorized signatory of the Company,
<br />16, SEVERABILITY, ,
<br />In the event any provision of the Policy is held invalid or unenforceable under applicable law, the Policy shall be deemed not to include that provision and all
<br />other provisions shall remain in full force and effect.
<br />17, NOTICES WHERE SENT,
<br />All notices required to be given the Company and any statement in writing required to be fumished the Company shall include the number of this Policy and
<br />shall be addressed to the Company at 1945 Walnut Hill Lane, Irving, Texas 75038.
<br />COMPLAINT NOTICE
<br />Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company that issued the Policy,
<br />If the problem is not resolved, you also may write the Texas Department of Insurance, P.O, Box 149091, Austin, TX 78714-9091, Fax No, (512) 475-1771,
<br />his notice of complaint procedure is for Information 'only and does not become a part or condition of this Policy,
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<br />CONDITIONS AND STIPULATIONS - Continued
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