AUTHORITY OF THE DEALER PRINCIPAL Sample Clauses

AUTHORITY OF THE DEALER PRINCIPAL. Each Nissan and Infiniti dealership owned or controlled by Group 1, directly or indirectly, shall have a Dealer Principal who is delegated full authority to perform the obligations of Dealer Principal under the terms and conditions set forth in the applicable Nissan or Infiniti Dealer Sales and Service agreement ("Agreement"), to determine, approve, and implement the terms and provisions of the Agreement, to make, sign, and execute any documents or further agreements, both oral and written, between the dealer and NMC, to commit himself to the achievement of the purposes and objectives of the Agreement, to take any and all actions which the Dealer Principal may deem prudent, necessary, or appropriate to effect the foregoing Agreement and to resolve all matters of the terms and implementation as he shall deem necessary in connection therewith. Group 1 shall not authorize or permit the Dealer Principal to take any action inconsistent with the terms, purposes, and objectives of the Agreement.
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AUTHORITY OF THE DEALER PRINCIPAL. Each Nissan and Infiniti dealership owned or controlled by Sunbelt, directly or indirectly, shall have a Dealer Principal who is delegated full authority to perform the obligations of Dealer Principal under the terms and conditions set forth in the applicable Nissan or Infiniti Dealer Sales and Service agreement ("Agreement"), to determine, approve, and implement the terms and provisions of the Agreement, to make, sign, and execute any documents or further agreements, both oral and written, between the dealer and NMC, to commit himself to the achievement of the purposes and objectives of the Agreement, to take any and all actions which the Dealer Principal may deem prudent, necessary, or appropriate to effect the foregoing Agreement and to resolve all matters of the terms and implementation as he shall deem necessary in connection therewith. Sunbelt shall not authorize or permit the Dealer Principal to take any action inconsistent with the terms, purposes, and objectives of the Agreement. Whenever Sunbelt nominates a new Dealer Principal candidate for a Nissan or Infiniti dealership, NMC shall have the right to withhold a decision concerning approval or rejection of the candidate for a period of up to one year, at its sole discretion; provided, however, that the candidate may operate in the probationary capacity of Dealer Principal until NMC has approved or rejected him/her. Such delay or exercise of this evaluation period does not imply approval of the Dealer Principal candidate. Should Sunbelt reduce or modify the authority of the Dealer Principal, contrary to the requirements of this and the Dealer Agreement, it must notify Nissan immediately as to the specific changes in authority. Upon such notice, Nissan will evaluate the modification of authority and notify Sunbelt of its response. Should Nissan, in its reasonable discretion, object to the changes, Sunbelt must resolve the situation to Nissan's satisfaction or restore the authority to that which existed prior to the modification. NMC shall be entitled to and shall, in fact, rely upon the personal qualifications, experience, reputation, integrity, ability, and representations of the individual named as Dealer Principal. Any successor Dealer Principal or Executive Manager must meet the following minimum requirements in order to be submitted to Seller for approval:

Related to AUTHORITY OF THE DEALER PRINCIPAL

  • Liability of the Depositor The Depositor shall be liable in accordance herewith only to the extent of the obligations specifically imposed by these Standard Terms and the related Supplement.

  • Independence of the Servicer For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuer, the Trust Collateral Agent, the Trustee or the Owner Trustee with respect to the manner in which it accomplishes the performance of its obligations hereunder. Unless expressly authorized by this Agreement or any other Basic Document, the Servicer shall have no authority to act for or represent the Issuer or the Owner Trustee in any way and shall not otherwise be deemed an agent of the Issuer or the Owner Trustee.

  • Liability of the Master Servicer and the Depositor The Depositor and the Master Servicer each shall be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Master Servicer herein.

  • Liability of the Servicer and the Depositor The Servicer shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by Servicer herein. The Depositor shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Depositor.

  • Liability of the Transferor The Transferor shall be liable only to the extent of the obligations specifically undertaken by the Transferor under this Agreement and the representations made by the Transferor in this Agreement.

  • Liability of the Company and the Master Servicer The Company and the Master Servicer shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Company or the Master Servicer, as applicable, herein.

  • Termination of the Master Servicer or the Special Servicer Notwithstanding anything to the contrary contained in this Agreement, the Depositor may terminate the Master Servicer or the Special Servicer upon five (5) Business Days’ notice if the Master Servicer or the Special Servicer, as applicable, fails to comply with any of its respective obligations under this Article X; provided that such termination shall not be effective until a successor master servicer or special servicer, as applicable, shall have accepted the appointment.

  • Liability of the Depositor and the Master Servicer The Depositor and the Master Servicer each shall be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Master Servicer herein.

  • Liability of the Depositor and the Servicer The Depositor and the Servicer shall each be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Servicer herein.

  • Rights of the Depositor, the Trustee and the Certificate Administrator in Respect of the Master Servicer and Special Servicer The Master Servicer and the Special Servicer shall afford the Depositor, the Trustee, the Certificate Administrator and, subject to Section 12.13 of this Agreement, each Rating Agency, upon reasonable notice, during normal business hours access to all records maintained by it in respect of its rights and obligations hereunder and access to its officers responsible for such obligations, if reasonably related to the performance of the obligations of such Person under this Agreement. Upon request, if reasonably related to the performance of the obligations of such Person under this Agreement, the Master Servicer and the Special Servicer shall furnish to the Depositor, each of the Underwriters, the Initial Purchasers, the Master Servicer, the Special Servicer, the Trustee and the Certificate Administrator its most recent publicly available annual financial statements or those of its public parent. The Depositor is not obligated to monitor or supervise the performance of the Master Servicer, the Special Servicer, the Operating Advisor, the Asset Representations Reviewer, the Certificate Administrator or the Trustee under this Agreement. The Depositor may, but is not obligated to, enforce the obligations of the Master Servicer or the Special Servicer hereunder which are in default and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of such Person hereunder or exercise its rights hereunder, provided that the Master Servicer and the Special Servicer shall not be relieved of any of its obligations hereunder by virtue of such performance by the Depositor or its designee. In the event the Depositor or its designee undertakes any such action it will be reimbursed by the Trust Fund from the Collection Account as provided in Section 3.06 and Section 6.03 of this Agreement to the extent not recoverable from the Master Servicer or the Special Servicer, as applicable. None of the Depositor, the Trustee, the Certificate Administrator, the Master Servicer (with respect to the Special Servicer) or the Special Servicer (with respect to the Master Servicer) shall have any responsibility or liability for any action or failure to act by the Master Servicer or the Special Servicer, and no such Person is obligated to monitor or supervise the performance of the Master Servicer or the Special Servicer under this Agreement or otherwise. Neither the Master Servicer nor the Special Servicer shall have any responsibility or liability for any action or failure to act by the Depositor, the Trustee or the Certificate Administrator and neither such Person is obligated to monitor or supervise the performance of the Depositor, the Trustee or the Certificate Administrator under this Agreement or otherwise. Each of the Trustee, the Certificate Administrator, the Depositor, the Master Servicer, and the Special Servicer shall furnish such reports, certifications and information as are reasonably requested by the Trustee, the Certificate Administrator, the Depositor, the Master Servicer or the Special Servicer, as applicable, in order to enable such requesting party to perform its duties hereunder, provided that for the avoidance of doubt, this shall not require any Person to prepare any reports, Certificates and information not required to be prepared hereunder. Neither the Master Servicer nor the Special Servicer shall be under any obligation to disclose confidential or proprietary information pursuant to this Section.

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