Dealer Liability Sample Clauses

Dealer Liability. If any Dealer representation or warranty made in this Agreement or in connection with a Contract is breached or is untrue, or if a Dealer has failed to perform any obligation it may have under this Agreement or the Contract, or if the Buyer successfully asserts a claim for rescission with respect to a Contract, Dealer will promptly pay LCU the following amounts at the election of LCU.
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Dealer Liability. Dealer liability under the retail program will be on a non-recourse basis.
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Dealer Liability a. If any Dealer representation, covenant, or warranty made in the Agreement or in connection with a Contract is breached, misleading, incomplete, or untrue, if Dealer has failed to perform any obligation it has under the Agreement or the Contract, or if Dealer breaches any provision of the Agreement, or if the Buyer(s) asserts a claim for rescission with respect to a Contract, Dealer will promptly pay Apex Auto Lending
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Dealer Liability. A. If a Dealer representation, warranty or covenant made herein, or made in the sale of any APS, is breached, or is untrue, or if Dealer fails to perform any of its obligations to SCUSA hereunder or otherwise, then Dealer shall pay SCUSA immediately upon receipt of SCUSA’s demand, one or more of the following amounts at the sole election of SCUSA: (1) the cost to SCUSA of the APS; (2) all losses and expenses incurred by SCUSA as a result of such breach, or untruth, or failure to perform, including attorneys’ fees; and (3) out-of-pocket expenses paid or incurred by SCUSA in connection with the collection of any amount due under any such APS, including attorneys’ fees and costs of litigation, whether by or against SCUSA.
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Dealer Liability a. If any representation, warranty, covenant or agreement made by Dealer (or any of its agents or employees) hereunder (or in any Contract) in connection with a Contract or this Agreement is breached, untrue, misleading or incomplete, or if Dealer fails to perform any obligation it may have under any Contract or this Agreement or otherwise, or if the Buyer asserts any claim arising out of or relating to, or in connection with, the purchase of a Vehicle from Dealer under a Contract sold to Purchaser, the Dealer shall promptly pay Purchaser any or all of the following amounts at the sole election and demand of Purchaser: (i) the unpaid balance, as determined by Purchaser, of all Contracts affected by such breach, misrepresentation, failure to perform or claim; (ii) Dealer's portion of any unearned finance charges, insurance premiums, and/or charges for extended warranty, mechanical breakdown or comparable programs; (iii) all damages, costs, losses and expenses (including, but not limited to, reasonable attorneys' fees and costs) incurred by Purchaser as a result of such breach, misrepresentation, failure to perform or claim. In addition, Dealer shall indemnify and hold Purchaser, its partners, its and their shareholders, affiliates, officers, directors, employees and agents (each, an "Indemnified Party") harmless for all losses or expenses, including reasonable attorneys' fees and legal costs, suffered or incurred by any Indemnified Party in any judicial, administrative, or any other proceeding because of any claim or defense asserted against an Indemnified Party as a result of any act or omission by Dealer or its employees or agents including, at the election of Purchaser, the unpaid balance of the affected Contract as determined by Purchaser. Dealer agrees that Purchaser may proceed against Dealer for any and all amounts due to any Indemnified Party from Dealer under this Agreement or any other party and without proceeding against or applying any security which Purchaser may have or hold, Purchaser may, at its option, debit the Dealer Reserve Account for any amounts owing to Purchaser under this Agreement.
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Dealer Liability. (a) If any Dealer representation, warranty or covenant made in this Agreement to XxxXx is breached or untrue or XxxXx reasonably believes is breached or untrue prior to purchasing the Contract, XxxXx may choose not to purchase such Financing Contract. Dealer will indemnify and hold XxxXx harmless from any claim, suit, loss, liability or expense, including court costs and attorneys' fees, incurred by XxxXx in connection with such Financing Contract which XxxXx did not purchase.
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Dealer Liability 
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Related to Dealer Liability

  • Servicer Liability The transferor of servicing shall be liable to the Master Servicer and the Trustee for any servicing obligation violations that occur before, during, and up to and including the day the portfolio is actually transferred. The transferee of servicing shall be liable for any breach of servicing obligations that occurs after the transfer of the servicing portfolio.

  • Borrower Liability Either Borrower may, acting singly, request Credit Extensions hereunder. Each Borrower hereby appoints the other as agent for the other for all purposes hereunder, including with respect to requesting Credit Extensions hereunder. Each Borrower hereunder shall be jointly and severally obligated to repay all Credit Extensions made hereunder, regardless of which Borrower actually receives said Credit Extension, as if each Borrower hereunder directly received all Credit Extensions. Each Borrower waives (a) any suretyship defenses available to it under the Code or any other applicable law, including, without limitation, the benefit of California Civil Code Section 2815 permitting revocation as to future transactions and the benefit of California Civil Code Sections 1432, 2809, 2810, 2819, 2839, 2845, 2847, 2848, 2849, 2850, and 2899 and 3433, and (b) any right to require Collateral Agent or any Lender to: (i) proceed against any Borrower or any other person; (ii) proceed against or exhaust any security; or (iii) pursue any other remedy. Collateral Agent and or any Lender may exercise or not exercise any right or remedy it has against any Borrower or any security it holds (including the right to foreclose by judicial or non-judicial sale) without affecting any Borrower’s liability. Notwithstanding any other provision of this Agreement or other related document, each Borrower irrevocably waives all rights that it may have at law or in equity (including, without limitation, any law subrogating Borrower to the rights of Collateral Agent and the Lenders under this Agreement) to seek contribution, indemnification or any other form of reimbursement from any other Borrower, or any other Person now or hereafter primarily or secondarily liable for any of the Obligations, for any payment made by Borrower with respect to the Obligations in connection with this Agreement or otherwise and all rights that it might have to benefit from, or to participate in, any security for the Obligations as a result of any payment made by Borrower with respect to the Obligations in connection with this Agreement or otherwise. Any agreement providing for indemnification, reimbursement or any other arrangement prohibited under this Section shall be null and void. If any payment is made to a Borrower in contravention of this Section, such Borrower shall hold such payment in trust for Collateral Agent and the Lenders and such payment shall be promptly delivered to Collateral Agent for application to the Obligations, whether matured or unmatured.

  • Product Liability Claims As soon as it becomes aware, each party will give the other prompt written notice of any defect or alleged defect in a Product, any injury alleged to have occurred as a result of the use or application of a Product, and any circumstances that may give rise to litigation or recall of a Product or regulatory action that may affect the sale or manufacture of a Product, specifying, to the extent the party has such information, the time, place and circumstances thereof and the names and addresses of the persons involved. Each party will also furnish promptly to the other copies of all papers received in respect of any claim, action or suit arising out of such alleged defect, injury or regulatory action.

  • Other Liabilities Local Church represents and warrants that is has no loans, leases or other debts secured by the Real Property or Personal Property, except those matters set out Schedule 3.2, and that if any debts exist, secured or unsecured, it shall either satisfy all of its debts, loans, and liabilities, or assign or transfer such obligations to its new operating entity prior to or simultaneous with Closing, and solely bear the cost thereof. Local Church must provide sufficient documentation of the same to Annual Conference.

  • Shareholder Liability Notice is hereby given that this Agreement is entered into on the Fund’s behalf by an officer of the Fund in his capacity as an officer and not individually and that the obligations of or arising out of this Agreement are not binding upon any of the Fund’s Trustees, officers, employees, agents or shareholders individually, but are binding only upon the assets and property of the Series.

  • Product Liability The Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product manufactured, sold, leased, or delivered by the Company.

  • Indemnity Obligations An Indemnified Party seeking indemnification under this Agreement must notify Customer promptly of any event requiring indemnification. However, an Indemnified Party’s failure to notify will not relieve Customer from its indemnification obligations, except to the extent that the failure to notify materially prejudices Customer. Customer may assume the defense of any proceeding requiring indemnification unless assuming the defense would result in potential conflicting interests as determined by the Indemnified Party in good faith. An Indemnified Party may, at Customer’s expense, defend itself until Customer’s counsel has initiated a defense of the Indemnified Party. Even after Customer assumes the defense, the Indemnified Party may participate in any proceeding using counsel of its own choice and at its own expense. Customer may not settle any proceeding related to this Agreement unless the settlement also includes an unconditional release of liability for all Indemnified Parties. Customer’s indemnification obligations are not the sole remedy for Customer’s breach of this Agreement and are in addition to any other remedies available. Customer’s indemnification obligations hereunder are not an Indemnified Party’s sole remedy for events giving rise to indemnity by Customer hereunder, and are in addition to any other remedies an Indemnified Party may have against Customer under this Agreement.

  • Product Liability and Recalls (a) Except a disclosed in Section 3.27 of the Disclosure Schedule or the Company SEC Documents to the Best Knowledge of the Company, there is no claim, or the basis of any claim, against the Company or any of this subsidiaries for injury to person or property of employees or any third parties suffered as a result of the sale of any product or performance of any service by the Company or any of its subsidiaries, including claims arising out of any alleged defective nature of its products or services, which could reasonably be expected to have a Material Adverse Effect on the Company.

  • Product Liabilities There are no product recalls, trade disputes, product liabilities or product tampering claims now pending, threatened against or made by or affecting the Company or any of its directors, officers or employees or the businesses, assets or rights of the Company.

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