EMC. EMC Mortgage Corporation, a Delaware corporation, and its successors and assigns, in its capacity as a seller of the Mortgage Loans to the Depositor.
EMC. (in its capacity as Seller) hereby represents and warrants to the Depositor and the Trustee as follows, as of the Closing Date:
EMC. Re shall also cede, and EMCC shall accept as premium, Ten and One-Half Percent (10.5%) of all “Net Written Premium” on the Contracts.
EMC. 7.5.4.1. The engine retrofit system shall be compliant with Regulation No. 10.
EMC. (in its capacity as a Sponsor) hereby represents and warrants to the Master Servicer, the Depositor, the Securities Administrator and the Trustee as follows, as of the Closing Date:
EMC. Re shall cede, and EMCC shall accept as reinsurance, One Hundred Percent (100%) of all “Net Loss” incurred which is in excess of $3,000,000 for each “Occurrence” with an “Occurrence” date on or after January 1, 2011 arising out of “Subject to Cession” reinsurance contracts and reinsurance contracts written directly by EMC Re (the “Contract”).
EMC. 7. This Agreement and Conditional Certificate of Tax Exemption shall terminate upon (a) the issuance of a Final Certificate of Tax Exemption by the City and acceptance thereof by the Snohomish County Assessor, (b) as set forth in Section 1 above, or (c) three years from the Effective Date, except that this Agreement and Conditional Certificate of Tax Exemption may be extended at the discretion of the City pursuant to Chapter 84.14 RCW and EMC 3.78.
EMC entrusts the undersigned to comply with the confidentiality requirements governing the use of patient information as defined by the California Confidentiality of Medical Information Act and the HIPAA Privacy and Security Rules.
EMC. The Port agrees that the City may withhold permits and administrative approvals pending compliance. For any disputes arising under this Agreement not subject to the above-cited provisions of the Everett Municipal Code, the parties retain all rights available under the law to resolve such disputes through negotiation and, if negotiation fails, through legal action. The venue for such action shall be in Snohomish County Superior Court. In any such action, each party shall have all rights and remedies provided by law to enforce this Agreement including, without limitation, damages, specific performance or writs to compel performance or require action consistent with this agreement.
