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BUSINESSOWNER’S POLICY <br /> <br />Page 22 of 48 Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. BP 00 03 01 10 <br /> <br /> b. We may examine any insured under oath, <br />while not in the presence of any other in- <br />sured and at such times as may be rea- <br />sonably required, about any matter relating <br />to this insurance or the claim, including an <br />insured's books and records. In the event of <br />an examination, an insured's answers must <br />be signed. <br /> 4. Legal Action Against Us <br />No one may bring a legal action against us un- <br />der this insurance unless: <br /> a. There has been full compliance with all of <br />the terms of this insurance; and <br /> b. The action is brought within two years after <br />the date on which the direct physical loss or <br />damage occurred. <br /> 5. Loss Payment <br />In the event of loss or damage covered by this <br />policy: <br /> a. At our option, we will either: <br /> (1) Pay the value of lost or damaged prop- <br />erty; <br /> (2) Pay the cost of repairing or replacing the <br />lost or damaged property; <br /> (3) Take all or any part of the property at an <br />agreed or appraised value; or <br /> (4) Repair, rebuild or replace the property <br />with other property of like kind and qual- <br />ity, subject to Paragraph d.(1)(e) below. <br /> b. We will give notice of our intentions within <br />30 days after we receive the sworn proof of <br />loss. <br /> c. We will not pay you more than your finan- <br />cial interest in the Covered Property. <br /> d. Except as provided in Paragraphs (2) <br />through (7) below, we will determine the <br />value of Covered Property as follows: <br /> (1) At replacement cost without deduction <br />for depreciation, subject to the following: <br /> (a) If, at the time of loss, the Limit of <br />Insurance on the lost or damaged <br />property is 80% or more of the full <br />replacement cost of the property <br />immediately before the loss, we will <br />pay the cost to repair or replace, af- <br />ter application of the deductible and <br />without deduction for depreciation, <br />but not more than the least of the fol- <br />lowing amounts: <br /> (i) The Limit of Insurance under <br />Section I – Property that applies <br />to the lost or damaged property; <br /> (ii) The cost to replace, on the same <br />premises, the lost or damaged <br />property with other property: <br /> i. Of comparable material and <br />quality; and <br /> ii. Used for the same purpose; <br />or <br /> (iii) The amount that you actually <br />spend that is necessary to repair <br />or replace the lost or damaged <br />property. <br />If a building is rebuilt at a new prem- <br />ises, the cost is limited to the cost <br />which would have been incurred had <br />the building been built at the original <br />premises. <br /> (b) If, at the time of loss, the Limit of <br />Insurance applicable to the lost or <br />damaged property is less than 80% <br />of the full replacement cost of the <br />property immediately before the loss, <br />we will pay the greater of the follow- <br />ing amounts, but not more than the <br />Limit of Insurance that applies to the <br />property: <br /> (i) The actual cash value of the lost <br />or damaged property; or <br /> (ii) A proportion of the cost to repair <br />or replace the lost or damaged <br />property, after application of the <br />deductible and without deduction <br />for depreciation. This proportion <br />will equal the ratio of the applica- <br />ble Limit of Insurance to 80% of <br />the cost of repair or replacement. <br /> (c) You may make a claim for loss or <br />damage covered by this insurance <br />on an actual cash value basis in- <br />stead of on a replacement cost ba- <br />sis. In the event you elect to have <br />loss or damage settled on an actual <br />cash value basis, you may still make <br />a claim on a replacement cost basis <br />if you notify us of your intent to do so <br />within 180 days after the loss or <br />damage. <br /> (d) We will not pay on a replacement <br />cost basis for any loss or damage: <br /> (i) Until the lost or damaged prop- <br />erty is actually repaired or re- <br />placed; and <br />EXHIBIT B <br />Docusign Envelope ID: 719DA141-AC44-83B6-8162-C79EED148CD3