Common use of TERMINABILITY Clause in Contracts

TERMINABILITY. This Agreement shall terminate upon the earlier of (i) the Final Repurchase Date and (ii) written notice from either Seller to Buyer to such effect, except that this Agreement shall, notwithstanding the above clause, remain applicable to any Transaction then outstanding and provided however, that as a condition precedent to any termination by any Seller, the Exit Fee required pursuant to Section 3(j)(4) hereof shall be paid by such Seller to Buyer. Notwithstanding any such termination or the occurrence of an Event of Default, all of the representations, warranties and indemnities hereunder (including the Loan Representations) shall continue and survive.

TERMINABILITY. This Agreement shall terminate upon the earlier of (i) the Final Repurchase Date and (ii) written notice from either Seller to Buyer to such effect, except that this Agreement shall, notwithstanding the above clause, remain applicable to any Transaction then outstanding and provided however, that as a condition precedent to any termination by any either Seller, the Exit Fee required pursuant to Section 3(j)(4) hereof shall be paid by such Seller BAC to Buyer. Notwithstanding any such termination or the occurrence of an Event of Default, all of the representations, warranties and indemnities hereunder (including the Loan Representations) shall continue and survive.