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(5) our request, give us complete <br />with other property of like kind and <br />n <br />in ventories of the damaged and <br />quality, subject to Paragraph d.(1)(d) <br />undamaged property. Include <br />below, <br />quantities, costs, values and amount of <br />b. We will give notice of our intentions within <br />loss claimed. <br />30 days after we receive the sworn proof <br />(6) As often as may be reasonably <br />of loss. <br />required, permit us to inspect the <br />c. We will not pay you more than your <br />property proving the loss or damage <br />financial interest in the Covered Property. <br />and examine your books and records. <br />d. We will determine the value of Covered <br />Also permit us to take samples of <br />Property as follows: <br />damaged and undamaged property for <br />(1) At replacement cost without deduction <br />inspection, testing and analysis, and <br />for depreciation except as provided in <br />permit us to make copies from your <br />(2) through (16) below. <br />books and records. <br />() Send loss <br />(a) You may make a claim for loss or <br />us a signed, sworn proof of <br />damage covered by this insurance <br />containing the information we request <br />on an actual cash value basis <br />to investigate the claim. You must do <br />instead of a replacement cost basis. <br />this within 60 days after our request. <br />In the event you elect to have loss <br />We will supply you with the necessary <br />or damage settled on an actual <br />forms. <br />cash value basis, you may .still <br />(8) Cooperate with us in the investigation <br />make a claim on a replacement <br />or settlement of the claim. <br />cost basis If you notify us of your <br />(9) Resume all or part of your "operations" <br />Intent to do so within 180 days after <br />as quickly as possible. <br />the loss or damage. <br />b. We may examine any insured under oath, <br />(b) We will not pay on a replacement <br />while not in the presence of any other <br />cost basis for any loss or damage: <br />insured and at such times as may be <br />(i) Until the loss or damaged <br />reasonably required, about any matter <br />property is actually repaired or <br />relating to this insurance or the claim, <br />replaced; <br />including an insured's books and records. <br />(ii) Unless the repairs or <br />In the event of an examination, an <br />replacement are made as soon <br />insured's answers must be si <br />signed. <br />g <br />as reasonably possible after the <br />4. Legal Action Against Us <br />loss or damage; and <br />No one may bring a legal action against us <br />(fit) Unless the repairs or <br />under this insurance unless: <br />replacement are completed <br />a. There has been full compliance with all of <br />within: <br />the terms of this insurance; and <br />(1) 24 months (for personal <br />b. The action is brought within 2 years after <br />property), <br />the date on which the direct physical loss <br />(2) 24 months (for buildings and <br />or damage occurred. The 2 year <br />other real property), <br />limitation also applies to indirect or <br />after the loss or damage, unless <br />consequential loss covered under this <br />extended in writing by us. <br />policy. <br />5. Loss Payment <br />However, if the cost to repair or <br />replace the damaged building <br />In the event of loss or damage covered by <br />property is $2,500 or less, we will <br />this policy: <br />settle the loss according to the <br />a. At our option, we will either: <br />provisions of Paragraphs d.(1)(a) and <br />(1) Pay the value of lost or damaged <br />d.0)(b) above whether or not the <br />property; <br />actual repair or replacement is <br />complete. <br />(2) Pay the cost of repairing or replacing <br />(c) will not pay more for loss or <br />the lost or damaged property; <br />damage <br />damage on a replacement cost <br />(3) Take all or any part of the property at, <br />basis than the least of: <br />an agreed or appraised value; or <br />(i) The cost to replace, on the same <br />(4) Repair, rebuild or replace the property <br />premises, the lost or damaged <br />391 - 1003 06 09 Includes copyrighted material of Insurance Services Page 38 of 66 <br />17,982 Office, Inc. with its permission <br />