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Policy of Title Insurance by Stewart Title Guaranty Company
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Policy of Title Insurance by Stewart Title Guaranty Company
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by the insured claimant, which were <br /> authorized by the Company, up to the time of <br /> payment or tender of payment and which the <br /> Company is obligated to pay; or <br /> (ii) in case loss or damage is claimed under this <br /> policy by an insured owner or legal holder of <br /> any of the bonds referred to in Schedule A, <br /> to• purchase such bond or bonds for the amount <br /> • owing thereon together with any costs, <br /> attorneys ' fees and expenses incurred by the <br /> insured claimant, which were authorized by <br /> the Company, up to the time of purchase and <br /> which the Company is obligated to pay. <br /> If the Company offers to purchase said bond or <br /> bonds as herein provided, such insured shall <br /> transfer, assign and deliver said bond or bonds, <br /> together with any collateral securing the same, to <br /> the Company upon payment therefor. <br /> Upon the exercise by the Company of the option <br /> provided for in paragraph a(i) , all liability and <br /> obligations to the insured under this policy, <br /> other than to make the payment required in that <br /> paragraph, shall terminate, including any <br /> liability or obligation to defend, prosecute or <br /> continue any litigation, and the policy shall be <br /> surrendered to the Company for cancellation. <br /> Upon the exercise by the Company of the option <br /> provided for in paragraph a(ii) , the Company's <br /> obligation to an insured owner or legal holder of <br /> said bond or bonds for the claimed loss or damage, <br /> other than the payment required to be made, shall <br /> terminate, including any liability or obligation <br /> to defend, prosecute or continue any litigation. <br /> (b) To Pay or Otherwise Settle With Parties Other than <br /> the Insured or With the Insured Claimant. <br /> (i) to pay or otherwise settle with other parties <br /> for or in the name of an insured claimant any <br /> claim insured against under this policy, <br /> together with any costs, attorneys ' fees and <br /> expenses incurred by the insured claimant <br /> which were authorized by the Company up to <br /> the time of payment and which the Company is <br /> obligated to pay; or <br /> (ii) to pay or otherwise settle with the insured <br /> claimant the loss or damage provided for <br /> under this policy, together with any costs, <br /> attorneys ' fees and expenses incurred by the <br /> [80125541 ] 8 <br />
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