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h. A party wall is a wall that separates and is <br />common to adjoining buildings that are <br />owned by different parties. In settling <br />covered losses involving a party wall, we will <br />pay a proportion of the loss to the party wall <br />based on your interest in the wall in <br />proportion to the interest of the owner of the <br />adjoining building. However, if you elect to <br />repair or replace your building and the owner <br />of the adjoining building elects not to repair or <br />replace that building, we will pay you the full <br />value of the loss to the party wall, subject to <br />all applicable policy provisions including <br />Limits of Insurance, the Valuation and <br />Coinsurance Conditions and all other <br />provisions of this Loss Payment Condition. <br />Our payment under the provisions of this <br />paragraph does not alter any right of <br />subrogation we may have against any entity, <br />including the owner or insurer of the adjoining <br />building, and does not alter the terms of the <br />Transfer Of Rights Of Recovery Against <br />Others To Us Conditionin this policy. <br />5. Recovered Property <br />If either you or we recover any property after <br />loss settlement,that party must give the other <br />prompt notice. At your option, the property will <br />be returned to you. You must then return to us <br />the amount we paid to you for the property. We <br />will pay recovery expenses and the expenses to <br />repair the recovered property,subject to the Limit <br />of Insurance. <br />6. Vacancy <br />a. Description Of Terms <br />(1) As used in this Vacancy Condition, the <br />term building and the term vacant have the <br />meanings set forth in (1)(a) and (1)(b) <br />below: <br />(a) When this policy is issued to atenant, <br />and with respect to that tenant's <br />interest in Covered Property, building <br />means the unit or suite rented or leased <br />to the tenant. Such building is vacant <br />when it does not contain enough <br />business personal property to conduct <br />customary operations. <br />(b) When this policy is issued to the <br />owner or general lessee of a <br />building, building means the <br />entire building. Such building is <br />vacant unless at least 31% of its <br />total square footage is: <br />(i) Rented to a lessee or sublessee <br />and used by the lessee or <br />sublessee to conduct its <br />customary operations; and/or <br />(ii) Used by the building owner to <br />conduct customary operations. <br />(2) Buildings under construction or <br />renovation are not considered vacant. <br />b. Vacancy Provisions <br />If the building where loss or damage occurs <br />has been vacant for more than 60 <br />consecutive days before that loss or <br />damage occurs: <br />(1) We will not pay for any loss or damage <br />caused by any of the following, even if <br />they are Covered Causes of Loss: <br />(a) Vandalism; <br />(b) Sprinkler leakage, unless you have <br />protected the system against freezing; <br />(c) Building glass breakage; <br />(d) Water damage; <br />(e) Theft;or <br />(f) Attemptedtheft. <br />(2) With respect to Covered Causes of Loss <br />other than those listed in b.(1)(a) <br />through b.(1)(f) above, we will reduce <br />the amount we would otherwise pay for <br />the loss or damage by 15% . <br />7. Valuation <br />We will determine the value of Covered <br />Property in the event of loss or damage as <br />follows: <br />a. At actual cash value as of the time of loss or <br />damage, except as provided in b., c., d. and <br />e. below. <br />b. If the Limit of Insurance for Building satisfies <br />the Additional Condition, Coinsurance, and <br />the cost to repair or replace the damaged <br />building property is $2,500 or less, we will <br />pay the cost of building repairs or <br />replacement. <br />Page 12 of 16 © Insurance Services Office,lnc., 2011 <br />�oRaN <br />} z <br />RiskMmWmedDMsfan <br />REVIEWED & APPROVED BY.- <br />f R. V;&wd <br />Risk Management Analyst <br />