directly with the lender. If the loss is determined to be a Covered Loss,
we will pay the loss benefit(s) to the lender up to the value of the
security interest but not more than the Limit (subject to the exclusions,
limitations and conditions of these Terms). To the extent of applicable
law, we will not pay you unless and until your monetary obligation to
the lender/mortgagee has been satisfied.
4.7. If we request you to do so, you must deliver a signed and sworn proof
of loss to us within 7 days of our request, including:
4.7.1. Evidence and proof of the damage or loss in the form of
receipts, photographs, videos, documents and other
verifiable forms of proof.
4.7.2. The ownership or other interest of you and all other parties
in Your Vehicle.
4.7.3. All liens, encumbrances, mortgages, guarantees and all
other contracts of insurance, whether valid or not, covering
Your Vehicle.
4.7.4. Any service reports or condition reports for Your Vehicle.
4.7.5. Any changes in the title, possession, or eligibility for listing
on the Service of Your Vehicle since the date it was enrolled
in the Service.
4.8. If Your Vehicle is damaged beyond economical repair or stolen and not
recovered, and we make a payment to you under this Owner
Guarantee, then you agree that Your Vehicle becomes ours and agree
that we are entitled to receive the proceeds from its salvage value.
4.9. You must not have misrepresented any facts or committed fraud or
any other dishonest or deceptive act in connection with the use by the
Responsible Borrower of Your Vehicle or the preparation or
submission of any past or present report of damage or loss under the
Member Agreement or these Terms. If you make any
misrepresentation, or act fraudulently, dishonestly or deceptively at
any time, we will not make any payments under the Terms, recover
any payments that we may have made to you under these Terms, and
the Owner Guarantee as they relate to you and Your Vehicle will end.
4.10. If you make a claim under this Owner Guarantee:
4.10.1. in respect of Responsible Borrower Loss, you permit us to
review, and will provide copies to us upon request of, all
communications between you and the Responsible Borrower;
and
4.10.2. you acknowledge that we or our nominees may
independently investigate (or have independently
investigated) the facts and circumstances relating to
your request for payment.
4.11. You must comply at all times with your obligations under the Member
Agreement. You acknowledge and agree that we may, at our sole
discretion (acting reasonably), deny payment in full or in part if you
are in breach of those obligations, where such breach has
significantly contributed to the Damage or Loss or directly resulted in