61 thereto) for use therein; or if (any usage or custom of trade or
62 manufacture to the contrary notwithstanding), there be kept, used
63 (23), or allowed on the above described premises, benzine, benzole,
64 dynamite, ether, fireworks, gasoline, greek fire, gunpowder ex-
65 ceeding twenty-five pounds in quantity, naptha, nitro-glycerine or
66 other explosives, phosphorus, or petroleum or any of its products
67 of greater inflammability than kerosene oil of the United States
68 standard, (which last may be used for lights and kept for sale
69 according to law but in quantities not exceeding five barrels,
70 provided it be drawn and lamps filled by daylight or at a distance
71 not less than ten feet from artificial light) (24); or if a building
72 herein described, whether intended for occupancy by owner or
73 tenant, be or become vacant or unoccupied and so remain for ten
74 days (25).

75 This company shall not be liable for loss caused directly or
76 indirectly by invasion, insurrection, riot, civil war or commotion,
77 or military or usurped power, or by order of any civil authority
78 (26); or by theft (27); or by neglect of the insured to use all
79 reasonable means to save and preserve the property at and after
80 a fire or when the property is endangered by fire in neighboring
81 premises; or (unless fire ensues, and, in that event, for the damage
82 by fire only) by explosion of any kind (28); or lightning (29);
83 but liability for direct damage by lightning may be assumed by
84 specific agreement hereon.

85 If a building or any part thereof fall, except as the result of
86 fire, all insurance by this policy on such building or its contents
87 shall immediately cease.

88 This company shall not be liable for loss to accounts, bills,
89 currency, deeds, evidences of debt, money, notes, or securities;
90 nor, unless liability is specifically assumed hereon, for loss to
91 awnings, bullion, casts, curiosities, drawings, dies, implements,
92 jewels, manuscripts, medals, models, patterns, pictures, scientific
93 apparatus, signs, store or office furniture or fixtures, sculpture,
94 tools, or property held on storage or for repairs; nor, beyond the
95 actual value destroyed by fire, for loss occasioned by ordinance
96 or law regulating construction or repair of buildings (30); or by

(23) See § 72.

(24) See 88 73-75.
(25) See §§ 76-78.

(26) See § 118.

(27) See § 118.

(28) See § 117.

(29) See § 113.

(30) See § 118.

98

97 interruption of business, manufacturing processes, or otherwise;
nor for any greater proportion of the value of plate glass, fres-
coes, and decorations than that which this policy shall bear to
the whole insurance on the building described.

99

100

101 If an application, survey, plan, or description of property
102 be referred to in this policy it shall be a part of this con-
103 tract and a warranty by the insured (31).

104

In any matter relating to this insurance no person, unless
105 duly authorized in writing, shall be deemed the agent of this
106

company.

107 This policy may by a renewal be continued under the origi-
108 nal stipulations, in consideration of premium for the renewed
109 term, provided that any increase of hazard must be made known
110 to this company at the time of renewal or this policy shall be
111 void.

112 This policy shall be cancelled at any time at the request of
113 the insured; or by the company by giving five days' notice of
114 such cancellation. If this policy shall be cancelled as herein-
115 before provided, or become void or cease, the premium hav-
116 ing been actually paid, the unearned portion shall be returned
117 on surrender of this policy or last renewal, this company
118 retaining the customary short rate; except that when this policy
119 is cancelled by the company by giving notice it shall retain only
120 the pro rata premium.

121

If, with the consent of this company, an interest under this
122 policy shall exist in favor of a mortgagee or of any person or
123 corporation having an interest in the subject of insurance other
124 than the interest of the insured as described herein, the condi-
125 tions hereinbefore contained shall apply in the manner ex-
126 pressed in such provisions and conditions of insurance relating
127 to such interest as shall be written upon, attached, or appended
128 hereto (32).

129 If property covered by this policy is so endangered by fire
130
as to require removal to a place of safety, and is so removed,
131 that part of this policy in excess of its proportion of any loss
132 and of the value of property remaining in the original loca-
133 tion, shall, for the ensuing five days only, cover the property
134 so removed in the new location; if removed to more than one
135. location, such excess of this policy shall cover therein for such

(31) See §§ 36-39.

(32) See § 16.

136 five days in the proportion that the value in any one such new 137 location bears to the value in all such new locations; but this com138 pany shall not, in any case of removal, whether to one or more 139 locations, be liable beyond the proportion that the amount hereby 140 insured shall bear to the total insurance on the whole property 141 at the time of fire, whether the same cover in new location or not. 142 If fire occurs the insured shall give immediate notice (33) of 143 any loss thereby in writing to this company, protect the prop144 erty from further damage, forthwith separate the damaged 145 and undamaged personal property, put it in the best pos146 sible order, make a complete inventory of the same, stating the 147 quantity and cost of each article and the amount claimed thereon; 148 and, within sixty days after the fire (34), unless such time 149 is extended in writing by this company, shall render a statement 150 to this company, signed and sworn to by said insured, stating the 151 knowledge and belief of the insured as to the time and origin of 152 the fire; the interest of the insured and of all others in the 153 property; the cash value of each item thereof and the amount 154 of loss thereon; all incumbrances thereon; all other insurance, 155 whether valid or not, covering any of said property; and a copy 156 of all the descriptions and schedules in all policies; any changes 157 in the title, use, occupation, location, possession, or exposures 158 of said property since the issuing of this policy; by whom and 159 for what purpose any building herein described and the several 160 parts thereof were occupied at the time of fire; and shall 161 furnish, if required, verified plans and specifications of any 162 building, fixtures, or machinery destroyed or damaged; and shall 163 also, if required, furnish a certificate of the magistrate or notary 164 public (not interested in the claim as a creditor or otherwise, 165 nor related to the insured) living nearest the place of fire, stat166 ing that he has examined the circumstances and believes the in167 sured has honestly sustained loss to the amount that such mag168 istrate or notary public shall certify (35).

169

The insured, as often as required, shall exhibit to any person 170 designated by this company all that remains of any property 171 herein described, and submit to examinations under oath by any 172 person named by this company, and subscribe the same; and, as 173 often as required, shall produce for examination all books of

(33) See § 82. (34) See § 83.

(35) See 8 84..

174 account, bills, invoices, and other vouchers, or certified copies 175 thereof if originals be lost, at such reasonable place as may be 176 designated by this company or its representative, and shall per177 mit extracts and copies thereof to be made.

178 In the event of disagreement as to the amount of loss the same 179 shall, as above provided, be ascertained by two competent and 180 disinterested appraisers, the insured and this company each 181 selecting one, and the two so chosen shall first select a competent 182 and disinterested umpire; the appraisers together shall estimate 183 and appraise the loss, stating separately sound value and dam184 age, and, failing to agree, shall submit their differences to the 185 umpire; and the award in writing of any two shall determine 186 the amount of such loss; the parties hereto shall pay the ap187 praiser respectively selected by them and shall bear equally the 188 expenses of the appraisal and umpire (36).

189 This company shall not be held to have waived any provision 190 or condition of this policy or any forfeiture thereof by any re191 quirement, act, or proceeding on its part relating to the appraisal 192 or to any examination herein provided for (37); and the loss 193 shall not become payable until sixty days after the notice, ascer194 tainment, estimate and satisfactory proof of the loss herein re195 quired have been received by this company (38) including an 196 award by appraisers when appraisal has been required. 197 This company shall not be liable under this policy for a greater 198 proportion of any loss on the described property, or for loss by 199 and expense of removal from premises endangered by fire, than 200 the amount hereby insured shall bear to the whole insurance (39) 201 whether valid or not, or by solvent or insolvent insurers, covering 202 such property, and the extent of the application of the insurance 203 under this policy or of the contribution to be made by this com204 pany in case of loss, may be provided for by agreement or condi205 tion written hereon or attached or appended hereto. Liability 206 for reinsurance shall be as specifically agreed hereon.

207

If this company shall claim that the fire was caused by the 208 act or neglect of any person or corporation, private or munici209 pal, this company shall, on payment of the loss, be subrogated 210 to the extent of such payment to all right of recovery by the 211 insured, for the loss resulting therefrom, and such right shall be

(36) See 8 143.
(37) See §§ 101-102.

(38) See § 81.
(39) See § 149.

212 assigned to this company by the insured on receiving such 213 payment (40).

214 No suit or action on this policy, for the recovery of any claim, 215 shall be sustainable in any court of law or equity until after 216 full compliance by the insured with all the foregoing require217 ments, nor unless commenced within twelve months next after 218 the fire (41).

219 Wherever in this policy the word "insured" occurs, it shall 220 be held to include the legal representative of the insured, and 221 wherever the word "loss" occurs, it shall be deemed the equiva222 lent of "loss or damage."

223

If this policy be made by a mutual or other company having 224 special regulations lawfully applicable to its organization, mem225 bership, policies or contracts of insurance, such regulations shall 226 apply to and form a part of this policy as the same may be 227 written or printed upon, attached, or appended hereto. 228 This policy is made and accepted subject to the foregoing 229 stipulations and conditions, together with such other provisions, 230 agreements, or conditions as may be indorsed hereon or added 231 hereto, and no officer, agent, or other representative of this 232 company shall have power to waive any provision or condition 233 of this policy except such as by the terms of this policy may be 234 subject of agreement indorsed hereon or added hereto, and as to 235 such provisions and conditions no officer, agent, or representative 236 shall have such power or be deemed or held to have waived such 237 provisions or conditions unless such waiver, if any, shall be 238 written upon or attached hereto, nor shall any privilege or per239 mission affecting the insurance under this policy exist or be 240 claimed by the insured unless so written or attached (42). 241

In witness whereof, this company has executed and attested 242 these presents.

(40) See §§ 150-151.

(41) See § 81.

(42) See §§ 91-93.