Damages; Repurchase Sample Clauses

Damages; Repurchase. Lender shall be liable to the Authority, Trustee and Servicer for any damages, including, without limitation, costs and attorneys' fees, suffered by the Authority, Trustee or Servicer by reason of lack of truthfulness of any representation or the breach of any covenant or warranty made by Lender or a Mortgagor herein or in connection with the transactions hereby contemplated. In addition, with respect to any Mortgage Loan, in the event that any representation by Lender or a Mortgagor shall prove to be untrue when made, or in the event of any breach of covenant or warranty, or in the event Lender fails to deliver all documentation within the required time period, Lender shall, at the option of and upon the demand of the Authority, Trustee or Servicer, repurchase promptly any such Mortgage Loan for an amount equal to the sum of (i) one hundred percent (100%) of the unpaid principal balance of the Mortgage Loan at the time of repurchase with adjustment for accrued interest at the time of repurchase, (ii) the aggregate amount of any advances and interest thereon, and (iii) the amount of any attorneys' fees, legal expenses, court costs or other expenses incurred by Trustee, the Authority and/or Servicer in connection with such Mortgage Loan and the repurchase thereof. Each Mortgage Loan shall contain the applicable Mortgage Addendum (Exhibit D).
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Damages; Repurchase. The Lender shall be liable to the Corporation and the Servicer for any damages, including, without limitation, costs and reasonable attorneys' fees, suffered by the Corporation or the Servicer by reason of the untruth of any representation or the breach of any covenant or warranty made by the Lender herein or in connection with the transactions hereby contemplated. In addition, with respect to any Mortgage Loan, in the event that any representation by the Lender shall prove to be untrue when made, or in the event of any breach of covenant or warranty, or in the event the Lender fails to deliver all documentation within the required time period, the Lender shall, at the option of and upon the demand of the Corporation or the Servicer, repurchase promptly any such Mortgage Loan for an amount equal to the sum of
Sample 1
Damages; Repurchase. (a) Seller shall be liable to SONYMA for any damages, including, without limitation, costs and attorney's fees, suffered by SONYMA by reason of the untruth of any representation or the breach of any covenant or warranty made by Seller herein or in connection with the transaction hereby contemplated. In addition, with respect to any Mortgage Loan, in the event that any representation of Seller shall prove to be untrue when made or in the event of any breach of covenant or warranty, or in the event Seller fails to deliver all required documents in the form and within the time period established in the Seller's Guide and the applicable Availability of Funds and Notice of Terms Bulletin, Seller shall, at the option of and upon the demand of SONYMA, repurchase, within five business days, any such Mortgage Loan for an amount equal to the unpaid principal balance of the Mortgage Loan with an adjustment for accrued interest at the time of repurchase, plus the aggregate amount of any advances and interest thereon, plus an amount equal to any attorneys' fees, legal expenses, court costs, SONYMA origination fees, or other expenses incurred by SONYMA in connection with such Mortgage Loan and the repurchase thereof.
Sample 1

Related to Damages; Repurchase

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Our Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance: * If, through no fault of ours, you do not have enough money in your account to make the transfer. * If the money in your account is subject to legal process or other claim restricting such transfer. * If the transfer would go over the credit limit on your overdraft line. * If the ATM where you are making the transfer does not have enough cash. * If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. * If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (000) 000-0000, or write us at R BANK,0000 X Xxxx Xxxxxx Xxxx, Xxxxx Xxxx, XX 00000 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty days after we sent the FIRST statement on which the problem or error appeared. * Tell us your name and account number (if any). * Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. * Tell us the dollar amount of the suspected error. * If you tell us orally, we may request that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point ofsale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM;

  • Violation; liability for unpaid wages; liquidated damages In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

  • Withholding for unpaid wages and liquidated damages The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

  • Liability for Failure to Make Transfers If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Our Liability for Failing to Make Transfers If we do not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • Liquidated Damages - MWBE Participation A. Where the Department determines that the Contractor is not in compliance with the requirements of this Appendix and the Contractor refuses to comply with such requirements, or if the Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Department liquidated damages.

  • Breach of Contract and Liquidated Damages A. Where OGS determines that the Contractor is not in compliance with the requirements of this Contract, and the Contractor refuses to comply with such requirements, or if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, the Contractor shall be obligated to pay liquidated damages to OGS.

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

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