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7. Esaminatiun Under Oath. The Insured, as open as may be
<br />read ably re qu ued, Shall exhibd to any person designated by
<br />the ,:mpa ny all that remains of any properly herein described,
<br />and ..:all submit, and in so (ar as is wiih~n his or their power
<br />cause his or Iheu employees, members of the household and
<br />oche ; to submit to examinations under oath by any person
<br />nor:.', by the Company and 5ubsc robe the Same; and, as often
<br />as - be reasonably required, shall produce far examination all
<br />wr;--;s, hocks of account, bills, invoices and other vouchers, or
<br />cer~ ~ ed copies thereof if originals be lost, ar such reasonable
<br />rim: and place as may be designated by the Company or its
<br />re;.-_sentative, and shall Dermit extracts and copies thereof to be
<br />mass No such examination under oath or examination of books
<br />or ::currents, nor any other act of the Company or any of its
<br />em= :tees or representatives in connection with the investigation
<br />of z r loss or claim hereunder, shall be deemed a waiver of any
<br />de.`: -;e which the Company might otherwise have with respect
<br />to a•y loss or claim, bur all such examinations and acts shall be
<br />sea-ed to have been made or done without preludice to the
<br />Co-zany's liability.
<br />4. Valuaf'ion. The Company Shall not be liable beyond the
<br />aci_;I cash value of the Droperry at the rime any loss or damage
<br />o<; _:s and the loss or damage shall be ascertained or estimated
<br />ace-jing to such actual Cash value with proper deduction for
<br />de: acia ticn, hcwe. er caused, and shall in no event exceed what
<br />it -:uld then cost to repair or replace the same with material
<br />of ae kind and quality.
<br />5. Settlement o1 Lou. All adlusted claims shall be paid or made
<br />gc>.r to the Insured within sixty (601 days after presentation and
<br />ac:=stance of satisfactory proof of interest and loss at the office
<br />o! ~ie Com•pany. No loss shall be paid or made good if the
<br />Ir:gyred has collected the same from others.
<br />6 Mo Hcnefit to Bailee. This insurance shall in nowise inure
<br />di-ectly or indirectly to the benefit of any carver or other bailee.
<br />7. Subrogation or Loan. If in the event of loss or damage the
<br />In;_:ed shall acquire any right of action against any individual,
<br />(ir- or corporation for loss of, Or damage to, property covered
<br />hereunder, the Insured will, if requested by the Company, ass~9n
<br />ar' ;ra nster such clam or right of action to the Company or, at
<br />tha Company's option, execute and deliver to the Company the
<br />c~:'amary Ic.m of loan receipt upon re<e~ving an advance of
<br />f~-'s in respect of the loss or damage, and will suhrogate the
<br />Cc%aany to, or will hold in trust }or the Company, all such
<br />riG`r, of action to the extent of the amount paid or advanced.
<br />arj will perms suit to be brought in the Insured's name under
<br />tt=_ di recrion of and at the expense of the Company
<br />8. loss Llause. Any loss hereunder shall not reduce the amount
<br />o' :his policy, except in the event of payment of claim br total
<br />Ic c; ~f an item sped lically scheduled hereon If clam is paid for
<br />teal lost of one or more scheduled items, the unearned premam
<br />ap.::kable to such items will be refunded to the Insured or applied
<br />tc tie premmm due on itemfs) replacing these on whkh the claim
<br />wz; paid.
<br />
<br />9. Pair, 5<r or Parta. In the event o{ loss of or damage to
<br />(a) any article or articles which are a part of a pair or set,
<br />the measure of loss of or damagr fo such article or arti.
<br />cles shall be a reasonable and fair proportion of the total
<br />value of the Pair or set, giving cons~derar~on to the
<br />importance of said article or art~c les, but in no event
<br />shall such loss or damage be construed to mean total
<br />lass of the pair or set; or
<br />ib) any part of property covered consisting, when complete
<br />for use, of several parts, the Company shall only be liable
<br />for the value of the part lost or damaged.
<br />10. Protection aF Property, In case of loss, it shall be lawlul
<br />and necessary for the Insured, his or their factors, servants and
<br />assigns, to sue, labor, and travel for, in and about the delense,
<br />safeguard and recovery o! the property insured hereunder, or
<br />any Dart thereof, without prelud~ce to thls mwrance, nor shag
<br />the acts of the Insured or the Company, in recovering, saving
<br />and preserving the property insured in rase of loss be considered
<br />a waiver or an acceptance of abandonment. The expenses so
<br />incurred shall be born¢ by the Insured and the Company pro-
<br />portionately to the extent of their respective interests
<br />I1. Suit. No suit, action or proceeding far the recovery of any
<br />claim under this supplemental endorsement shall be sustainable
<br />in any court of law or equity unless the same be commenced
<br />w~lhin twelve ll2) months next after discovery by the Insured of
<br />the occurrence which gives nse to the claim, provided however,
<br />that d by the laws of the State within which Ihis supplemental
<br />endorsement .s issued such limitation is invalid, Then any such
<br />clams shall 6e void unless such action, suit or proceeding be
<br />commenced w~lhin the shortest limit of lime permitted by the
<br />laws of such State.
<br />1Z. ADDraisal. If the Insured and the Company fa~I to agree as
<br />to the amount of loss, each shall, on the written demand of
<br />¢ithe r, made within sixty (601 days after receipt 0( proof of loss
<br />by the Company, select a competent and disinterested appraiser,
<br />and the appraisal shall be made at a reasonable time and place.
<br />The appraisers shall first select a competent and disinterested
<br />umpire, and tailing for (i fteen (I51 days to agree upon such um-
<br />pire, then, on the request of the Insured or the Company, such.
<br />umpire shall be sele<teA by a judge of a court of record in the
<br />State in which such appraisal is pending. The appraisers shall
<br />then appraise the loss, staring separately the actual cash value
<br />ar the time of loss and the amount of loss, and failing to agree
<br />shall submit their differences to the umpire. An a~«ard in writing
<br />of any two shall determine the amount of loss The Insured and
<br />the Company shall each pay his or its chosen appraiser and shall
<br />bear equally the other expenses of the appraisal and umpire. The
<br />Company shall not be held ro have waived any of its rights by
<br />any act relating to appraisal.
<br />13. Conformity to Statute. Terms of this supplemental endorse-
<br />ment which are in conflict with the statutes of the Stale wherein
<br />this supplemental endorsement is issued are hereby amended to
<br />conform to such statures.
<br />• .r~s'v;
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