Common use of Contract Repurchase Clause in Contracts

Contract Repurchase. If any of Dealer’s representations, warranties or covenants has been/is inaccurate, untrue or otherwise breached, Dealer will repurchase the Contract (“Repurchase”). Dealer’s Repurchase obligation applies regardless of whether the Buyer has defaulted. To repurchase such Contract, Dealer will pay to Company the Repurchase Price. Company will provide Dealer notice and demand for a Contract repurchase. Such notice and demand will identify the Contract and alleged breach. Company has no duty to repossess the covered Vehicle or to return such Vehicle to Dealer as a condition to requiring any Contract repurchase. Upon Dealer's payment of the Repurchase Price, Company will sell, assign and endorse such Contract to Dealer. Such sale, assignment and endorsement will be “AS IS”, without any representation or warranty whatsoever as to condition, fitness for any particular purpose, merchantability, or any other warranty, express or implied, concerning the Contract, the Vehicle or Additional Product. Any such assignment will be without recourse against Company and without warranties of any kind. The repurchase of a Contract(s) by Dealer will not be Company’s sole and exclusive remedy for any breach by Dealer of any representations, warranties, covenants or provisions of this Agreement. Notwithstanding any such Repurchase, Dealer will continue to indemnify Company in the manner provided in this Agreement. Knowledge of any breach of a representation, warranty or covenant will not be imputed to Company by reason of its receipt and review of any documentation under this Agreement, and any actual knowledge by Company of any breach of any representation, warranty or covenant hereunder will not be deemed to constitute a consent thereto, or waiver therein, and no provision hereof will be deemed to be modified or amended except in writing. Company will not be bound to exhaust its remedies against any security or any Buyer, co-signer or obligor before being entitled to payment by Dealer. This Section 15 will survive the execution, delivery, expiration or termination of this Agreement.

Contract Repurchase. If In the event Dealer breaches any of representation or warranty made under this Agreement, or breaches any other covenant or provision in this Agreement in any respect, and the breach is not cured (or waived by Company in writing) within ten (10) days after written notice to Dealer’s representations, warranties or covenants has been/is inaccurate, untrue or otherwise breached, Dealer will shall, if required and demanded by Company (i) repurchase the such Contract from Company and (“Repurchase”). Dealer’s Repurchase obligation applies regardless ii) reimburse Company for any fees and costs suffered by Company as a result of whether the Buyer has defaultedsuch breach. To repurchase such Contract, Dealer will shall pay to Company the Repurchase Price. Company will shall provide Dealer notice and demand for a Contract repurchase. Such notice and demand will shall identify the Contract and alleged breach. Company has no duty to repossess the covered Vehicle or to return such Vehicle to Dealer as a condition to requiring any Contract repurchase. Upon Dealer's payment of the Repurchase Price, Company will shall sell, assign and endorse such Contract to Dealer. Such sale, assignment and endorsement will shall be “AS ISAs Is”, without any representation or warranty whatsoever as to condition, fitness for any particular purpose, merchantability, or any other warranty, express or implied, concerning the Contract, the Vehicle or Additional Product. Any such assignment will shall be without recourse against Company and without warranties of any kind. The repurchase of a Contract(s) by Dealer will shall not be Company’s sole and exclusive remedy for any breach by Dealer of any representations, warranties, covenants or provisions of this Agreement. Notwithstanding any such Repurchaserepurchase, Dealer will continue to indemnify Company in the manner provided in this Agreement. Knowledge of any breach of a representation, warranty or covenant will shall not be imputed to Company by reason of its receipt and review of any documentation under this Agreementhereunder, and any actual knowledge by Company of any breach of any representation, warranty or covenant hereunder will shall not be deemed to constitute a consent thereto, or waiver therein, and no provision hereof will shall be deemed to be modified or amended except in writing. Company will shall not be bound to exhaust its remedies against any security or any Buyer, co-signer or obligor before being entitled to payment by Dealer. This Section 15 will survive the execution, delivery, expiration or termination of this Agreement.

Contract Repurchase. If In the event Dealer breaches any of representation or warranty made under this Agreement, or breaches any other covenant or provision in this Agreement in any respect, and the breach is not cured (or waived by Company in writing) within ten (10) days after written notice to Dealer’s representations, warranties or covenants has been/is inaccurate, untrue or otherwise breached, Dealer will shall, if required and demanded by Company, (i) repurchase the such Contract from Company and (“Repurchase”). Dealer’s Repurchase obligation applies regardless ii) reimburse Company for any fees and costs suffered by Company as a result of whether the Buyer has defaultedsuch breach. To repurchase such Contract, Dealer will shall pay to Company the Repurchase Price. Company will provide Dealer notice and demand for a Contract repurchase. Such notice and demand will identify unpaid balance of the Contract reflected on the Company’s records, together with all costs, including reasonable attorney fees, incurred by the Company and alleged breachthe full amount of any dealer participation amounts previously paid to Dealer with respect to such Contract. Company has no duty to repossess the covered Vehicle or to return such Vehicle to Dealer as a condition to requiring any Contract repurchase. Upon Dealer's payment of the Repurchase Pricerepurchase price, Company will shall sell, assign and endorse such Contract to Dealer. Such sale, assignment and endorsement will shall be “AS ISAs Is”, without any representation or warranty whatsoever as to condition, fitness for any particular purpose, merchantability, or any other warranty, express or implied, concerning the Contract, the Vehicle or Additional Product. Any such assignment will shall be without recourse against Company and without warranties of any kind. The repurchase of a Contract(s) Contract by Dealer will shall not be Company’s sole and exclusive remedy for any breach by Dealer of any representations, warranties, covenants or provisions of this Agreement. Notwithstanding any such Repurchaserepurchase, Dealer will continue to indemnify Company in the manner provided in this Agreement. Knowledge of any breach of a representation, warranty or covenant will shall not be imputed to Company by reason of its receipt and review of any documentation under this Agreementhereunder, and any actual knowledge by Company of any breach of any representation, warranty or covenant hereunder will shall not be deemed to constitute a consent thereto, or waiver therein, and no provision hereof will be deemed to be modified or amended except in writing. Company will shall not be bound to exhaust its remedies against any security or any Buyer, co-co- signer or obligor before being entitled to payment by Dealer. This Section 15 will survive the execution, delivery, expiration or termination of this Agreement.

Contract Repurchase. If (a) any of Dealer’s representations, warranties or covenants has been/is inaccurate, untrue or otherwise breachedbreached with respect to a Contract, or (b) the Buyer defaults in the payment of one or both of the first two scheduled monthly payments due and payable under a Contract, then Dealer will repurchase the Contract (“Repurchase”). Dealer’s Repurchase obligation applies regardless of whether the Buyer has defaulted. To repurchase such Contract, Dealer will pay to Company the Repurchase Price. Company will provide Dealer notice and demand for a Contract repurchase. Such notice and demand will identify the Contract and alleged breach. Company has no duty to repossess the covered Vehicle or to return such Vehicle to Dealer as a condition to requiring any Contract repurchase. Upon Dealer's ’s payment of the Repurchase Price, Company will sell, assign and endorse such Contract to Dealer. Such saleSUCH SALE, assignment and endorsement will be ASSIGNMENT AND ENDORSEMENT WILL BE “AS IS”, without any representation or warranty whatsoever as to conditionWITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO CONDITION, fitness for any particular purposeFITNESS FOR ANY PARTICULAR PURPOSE, merchantabilityMERCHANTABILITY, or any other warrantyOR ANY OTHER WARRANTY, express or impliedEXPRESS OR IMPLIED, concerning the ContractCONCERNING THE CONTRACT, the Vehicle or Additional ProductTHE VEHICLE OR ADDITIONAL PRODUCT. Any such assignment will be without recourse against Company and without warranties of any kind. The repurchase Repurchase of a Contract(s) by Dealer will not be Company’s sole and exclusive remedy for any breach by Dealer of any representations, warranties, covenants or provisions of this Agreement. Notwithstanding any such Repurchase, Dealer will continue to indemnify Company in the manner provided in this Agreement. Knowledge of any breach of a representation, warranty or covenant will not be imputed to Company by reason of its receipt and review of any documentation under this Agreement, and any actual knowledge by Company of any breach of any representation, warranty or covenant hereunder will not be deemed to constitute a consent thereto, or waiver therein, and no provision hereof will be deemed to be modified or amended except in writing. Company will not be bound to exhaust its remedies against any security or any Buyer, co-signer or obligor before being entitled to payment by Dealer. This Section 15 14 will survive the execution, delivery, expiration or termination of this Agreement.

Contract Repurchase. If any of Dealer’s representationsIn the event that Dealer breaches a representation, warranties warranty or covenants has been/is inaccurate, untrue covenant contained in Section 9 with respect to a Contract or otherwise breachedBuyer defaults upon the first installment payment due under the Contract, Dealer will shall, if required and demanded by Xxxxxx (i) repurchase the such Contract from Lender and (“Repurchase”). Dealer’s Repurchase obligation applies regardless ii) reimburse Lender for any fees and costs suffered by Lender as a result of whether the Buyer has defaultedsuch breach. To repurchase such Contract, Dealer will shall pay to Company Lender the Repurchase Price. Company will Lender shall provide Dealer notice and demand for a Contract repurchase within thirty (30) days of discovering or having notice of the breach giving rise to such right of repurchase. Such notice and demand will shall identify the Contract and alleged breach. Company In the event that Xxxxxx fails to give Dealer notice and demand for repurchase within thirty (30) days of the discovery or notice of such breach, whichever occurs first, Dealer shall not be obligated to repurchase such Contract nor otherwise be liable to Lender or any other third party with regard to such Contract. Lender has no duty to repossess the covered Vehicle or to return such Vehicle to Dealer as a condition to requiring any Contract repurchase. Upon Dealer's payment of the Repurchase Price, Company will Lender shall sell, assign and endorse such Contract to Dealer. Such sale, assignment and endorsement will shall be “AS IS”"As Is", without any representation or warranty whatsoever as to condition, fitness for any particular purpose, merchantability, or any other warranty, express or implied, concerning the Contract, the Vehicle or Additional Product. Any such assignment will shall be without recourse against Company and without warranties of any kind. The repurchase of a Contract(s) by Dealer will not be Company’s sole and exclusive remedy for any breach by Dealer of any representations, warranties, covenants or provisions of this Agreement. Notwithstanding any such Repurchase, Dealer will continue to indemnify Company in the manner provided in this Agreement. Knowledge of any breach of a representation, warranty or covenant will not be imputed to Company by reason of its receipt and review of any documentation under this Agreement, and any actual knowledge by Company of any breach of any representation, warranty or covenant hereunder will not be deemed to constitute a consent thereto, or waiver therein, and no provision hereof will be deemed to be modified or amended except in writing. Company will Lender shall not be bound to exhaust its remedies against any security or any Buyer, co-signer or obligor before being entitled to payment by Dealer. This In the event that a Purchase Program includes a term, condition or other provision for the repurchase of, or regarding other recourse with respect to a Contract,· Dealer shall, if required and demanded by Xxxxxx (i) comply with such terms, condition or other provision for repurchase or other recourse; and (ii) reimburse Lender for any fees and costs suffered by Finance Company as a result of the triggering of such repurchase or recourse. Dealer shall pay to Lender and act in accordance with the term, condition or other provision set forth in the Purchase Program. Lender shall provide Dealer notice and demand for such repurchase or recourse within ·thirty (30) days of discovering or having notice of such repurchase or recourse. Such notice and demand shall identify the Contract and the Purchase Program. If Lender fails to give Dealer notice and demand within 30 days of discovery, Dealer shall not be obligated to repurchase or be subject to the recourse. As applicable, Lender has no duty to repossess the covered Vehicle or to return such Vehicle to Dealer to exercise its right to repurchase or recourse under the Purchase Program. In the event a repurchase of the Contract applies, upon Dealer's payment of the required amount, Lender shall sell, assign and endorse such Contract to Dealer. Such sale, assignment and endorsement shall be "As Is", without any representation or warranty whatsoever as to condition, fitness for any particular purpose, merchantability, or any other warranty, express or implied, concerning the Contract, the Vehicle or Additional Product. Any such assignment shall be without recourse and without warranties of any kind. Lender shall not be bound to exhaust its remedies against any security or any Buyer, co-signer or obligor before being entitled to relief under the Purchase Program. The provisions, agreements and obligations of this Section 15 will shall survive the execution, delivery, expiration or termination of this Agreement.