Dealer Liability Clause Examples

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 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 ▇▇▇▇▇ is breached or untrue or ▇▇▇▇▇ reasonably believes is breached or untrue prior to purchasing the Contract, ▇▇▇▇▇ may choose not to purchase such Financing Contract. Dealer will indemnify and hold ▇▇▇▇▇ harmless from any claim, suit, loss, liability or expense, including court costs and attorneys' fees, incurred by ▇▇▇▇▇ in connection with such Financing Contract which ▇▇▇▇▇ did not purchase. (b) Upon Dealer's payment of the unpaid balance of a Financing Contract, such Financing Contract shall be assigned and/or endorsed by ▇▇▇▇▇ to Dealer without recourse and without warranties of any kind and sent by certified mail to Dealer. (c) If Dealer breaches this Agreement or any other agreement with ▇▇▇▇▇ relating to a Financing Contract, Dealer shall pay ▇▇▇▇▇ upon demand all losses and expenses incurred by ▇▇▇▇▇ as a result thereof, including attorney's fees and costs of litigation.
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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 (1) The unpaid balance, including earned and unpaid finance charges, as determined by Apex Auto Lending, of the Contract affected by such a breach, misrepresentation, failure to perform or claim for rescission. (2) Dealer’s portion of any finance charges previously paid to Dealer as finance income participation, flat fees, insurance premiums, and/or charges for extended warranty, mechanical breakdown, or comparable programs. (3) All damages, losses, and expenses incurred by Apex Auto Lending as a result of such breach, misrepresentation, failure to perform or claim for rescission; and (4) All out of pocket expenses paid or incurred by Apex Auto Lending in connection with the collection of any amount due under the Contract, including reasonable attorney’s fees and court costs incurred. Apex Auto Lending has no duty or obligation to repossess, recover, or otherwise secure the Vehicle and return to Dealer as a condition for Dealer to repurchase any Contract due to a breach of this Agreement or any other agreement by Dealer. b. Dealer shall indemnify, defend, and hold Apex Auto Lending, its parent, affiliates, and subsidiaries, and their respective officers, directors, members, agents, attorneys, and employees, harmless from any complaint, claim, defense to payment, suit, loss, damage, liability or expense, including without limitation, court costs, and reasonable attorney’s fees, directly or indirectly incurred by Apex Auto Lending, arising out of or in connection with Dealer’s failure to perform or observe any covenants, representations, warranties, or other provisions contained in this Agreement. Dealer agrees that Apex Auto Lending may proceed against Dealer for any and all amounts due to Apex Auto Lending from Dealer under the Agreement, or any Contract or otherwise without taking any action whatsoever against Buyer(s) or any other party and without proceeding against or applying any security which Apex Auto Lending may have or hold.
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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 
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Related to Dealer Liability

  • Cyber Liability identity theft insurance with a combined limit of Two Million Dollars ($2,000,000) per claim and Two Million Dollars ($2,000,000) general aggregate;

  • Other Liability None of the Company Parties is responsible to You for any warranty provided by Company.

  • Consumer Liability Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

  • Our Liability This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking or ▇▇▇▇ Payment services accounts. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking and ▇▇▇▇ Payment services as delineated in this Agreement. We will be liable for the amount of any material losses or damages incurred by you and resulting directly from our gross negligence. We will not be liable to you in the following instances: 1. If through no fault of the Bank, you do not have enough money in your account to make the transfer. 2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken. 3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. 4. If your funds are subject to a legal proceeding or other encumbrance restricting the transfer. 5. If your transfer authorization terminates by operation of law. 6. If you believe someone has accessed your accounts without your permission and you fail to notify the Bank immediately. 7. If you have not properly followed the instructions on how to make a transfer included in this Agreement. 8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer. 9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this Agreement. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT.

  • Member Liability You are responsible for all transactions you authorize using your EFT services under this Agreement. If you permit someone else to use an EFT service, your card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.