200

This entire policy shall be void if the insured Fraud, misrepre- has concealed or misrepresented any ma sentation, etc. terial fact or circumstance concerning this insurance or the subject thereof; or in case of any fraud or false 5 swearing by the insured touching any matter relating to this 6surance or the subject thereof, whether before or after a loss Uninsurable

9

10

and Excepted property !! scripts, mechanical Hazards not 14 covered.

12

13

This policy shall not cover accounts, bills, currency, deeda, evidences of debt, money, notes or securities; nor, unless specifically named hereon in writing, bullion, nianu drawings, dies or patterns.

This Company shall not be liable for loss or damage caused directly or indirectly by invasion, insurrection, riot, civil war ΟΙ 15 commotion, or military or usurped power, or by order of any 16 civil authority; or by theft; or by neglect of the insured to use 17 all reasonable means to save and preserve the property at and 18 after a fire or when the property is endangered by fire in 19 neighboring premises.

20 This entire policy shall be void, unless otherwise provided 21 by agreement in writing added hereto, 23 Ownership, etc.

22

(a) if the interest of the insured be other than unconditional and sole ownership; or (b) if 24 the subject of insurance be a building on ground not owned by 25 the insured in fee simple; or (c) if, with the knowledge of the 26 insured, foreclosure proceedings be commenced or notice given 27 of sale of any property insured hereunder by reason of any mort28 gage or trust deed; or (d) if any change, other than by the death 29 of an insured, take place in the interest, title or possession of 30 the subject of insurance (except change of occupants without 31 increase of hazard); or (e) if this policy be assigned before a loss. 32 Unless otherwise provided by agreement in writing added 33 hereto this Company shall not be liable for loss or damage 34 occurring

36

Other insurance.

(a) while the insured shall have any other contract of insurance, whether valid or not 37 on property covered in whole or in part by this policy, or (b) while the hazard is increased by any means within the control or knowledge of the insured, or

38

39 Increase of hazard.

40

43 beyond a period of fifteen days; or 44 Explosives,

46 gas, etc.

(d) while illuminating gas or vapor is gener ated on the described premises, or while (any usage or custom to the contrary not47 withstanding, there is kept, used or allowed on the described #8 premises fireworks, greek fire, phosphorus, explosives, benzine. 49 gasclene, naphtha or any other petroleum product of greater 50 inflammability than kerosene oil, gunpowder exceeding twenty51 five pounds, or kerosene oil exceeding five barrels, or (e) if the subject of insurance be a manufacFactories. turing establishment while operated in 54 whole or in part between the hours of ten P M and five A. M... $5 or while it ceases to be operated beyond a period of ten days; or (f) while a described building, whether inUnoccupancy. tended for occupancy by owner or tenant, is 58 vacant or unoccupied beyond a period of ten days, or (g) by explosion or lightning, unless fire ensue, and, in that event, for loss or dam age by fire only.

The extent of the application of insurance under this policy and of the contribution to be made by this Company in case of loss or damage, and any 3 other agreement not inconsistent with or a waiver of any of 6 the conditions or provisions of this policy, may be provided for 7 by agreement in writing added hereto. No one shall have power to waive any proWaiver. vision or condition of this policy except such as by the terms of this policy may be the subject of agreement 1 added hereto, nor shall any such provision or condition be held 2 to be waived unless such waiver shall be in writing added hereto. 3 nor shall any provision or condition of this policy or any for4 feiture be held to be waived by any requirement, act or proceed5 ing on the part of this Company relating to appraisal or to any 5 examination herein provided for; nor shall any privilege or per 7 mission affecting the insurance hereunder exist or he claimed by B the insured unless granted herein or by rider added hereto. This policy shall be cancelled at any time Cancellation at the request of the insured, in which case of policy. the Company shall, upon demand and sur 2 render of this policy, refund the excess of paid premium above 3 the customary short rates for the expired time. This policy may be cancelled at any time by the Company by giving to the 5 insured a five days' written notice of cancellation with or with 5 out tender of the excess of paid premium above the pro rat: premium for the expired time, which excess, if not tendered. 8 shall be refunded on demand. Notice of cancellation shall state that said excess premium (if not tendered) will be refunded on @demand.

This Company shall not be liable for a 102 greater proportion of any loss or damage 103 than the amount hereby insured shall bear to the whole 104 insurance covering the property, whether valid or not and 105 whether collectible or not. 106 Noon. The word "noon" herein means noon of 107 standard time at the place of loss or daniage. 108 If loss or damage is made payable, in whole Mortgage. 109 interests. or in part, to a mortgagee not named herein 110 as the insured, this policy may be cancelled 111 as to such interest by giving to such mortgagee a ten days' 112 written notice of cancellation. Upon failure of the insured to 113 render proof of loss such mortgagee shall, as if named as insured 114 hereunder, but within sixty days after notice of such failure, ren115 der proof of loss and shall be subject to the provisions hereof as 116 to appraisal and times of payment and of bringing suit. On pay117 ment to such mortgagee of any sum for loss or damage here118 under, if this Company shall claim that as to the mortgagor or 119 owner, no liability existed, it shall, to the extent of such pay120 ment be subrogated to the mortgagee's right of recovery and 121 claim upon the collateral of the mortgage debt, but without 122 impairing the mortgagee's right to sue; or it may pay the mort123 gage debt and require an assignment thereof and of the mortgage. 124 Other provisions relating to the interests and obligations of such 125 mortgagee may be added hereto by agreement in writing. 126 The insured shall give inmediate notice, in Requirements in writing, to this Company, of any loss ur case of loss. damage, protect the property from further 129 damage. forthwith separate the damaged and undamaged 130 personal property, put it in the best possible order, furnish a 131 complete inventory of the destroyed. damaged and undamaged 132 property, stating the quantity and cost of each article and the 133 amount claimed thereon; and, the insured shall, within sixty 134 days after the fire, unless such time is extended in writing by 135 this Company, render to this Company a proof of loss, signed 136 and sworn to by the insured, stating the knowledge and belief 137 of the insured as to the following the time and origin of the fire, 138 the interest of the insured and of all others in the property, the 139 cash value of each item thereof and the amount of loss or damage 140 thereto, all incumbrances thereon, all other contracts of in141 surance, whether valid or not, covering any of said property. 142 any changes in the title, use, occupation, location, possession, or 143 exposures of said property since the issuing of this policy, by 144 whom and for what purpose any building herein described and 145 the several parts thereof were occupied at the time of fire; and 146 shall furnish a copy of all the descriptions and schedules in all 147 policies and if required. verified plans and specifications of any 148 building. fixtures or machinery destroyed or damaged. The 149 insured, as often as may be reasonably required, shall exhibit 150 to any person designated by this Company all that remains of 151 any property herein described. and submit to examinations 152 under oath by any person named by this Company, and 153 subscribe the same; and, as often as may be reasonably 154 required, shall produce for examination all books of account, 155 hills, invoices, and other vouchers, or certified copies thereof, 156 if originals be lost, at such reasonable time and place as may 157 be designated by this Company or its representatives, and shall 158 permit extracts and copies thereof to be made. 159 In case the insured and this Company shall Appraisal. 160 fail to agree as to the amount of loss or 161 damage, each shall, on the written demand of either, select 162 a competent and disinterested appraiser. The appraisers 163 shall first select a competent and disinterested umpire; and 164 failing for fifteen days to agree upon such umpire then, on 165 request of the insured or this Company, such umpire shall be 166 selected by a judge of a court of record in the state in which 167 the property insured is located. The appraisers shall then 168 appraise the loss and damage stating separately sound value 169 and loss or damage to each item; and failing to agree, sha!! 170 submit their differences only, to the umpire An award in 171 writing, so itemized, of any two when filed with this Company 172 shall determine the amount of sound value and loss or 173 damage. Each appraiser shall be paid by the party selecting 174 him and the expenses of appraisal and umpire shall be paid 175 by the parties equally. 176 Company's 178 options.

185 When loss The amount of loss or damage for which 186 this Company may be liable shall be pay187 payable. able sixty days after proof of loss. as herein 188 provided. is received by this Company and ascertainment of 189 the loss or damage is made either by agreement between the 190 insured and this Company expressed in writing or by the 191 filing with this Company of an award as herein provided. 192 No suit or action on this policy, for the Suit. 193 recovery of any claim shall be sustainable 194 in any court of law or equity unless all the requirements of 195 this policy shall have been complied with, nor unless com196 menced within twelve months next after the fire. This Company may require from the insured assignment of all right of recovery 199 against any party for loss or damage to the extent that pay. 200 ment therefor is made by this Company.