Dealer Liability Sample Clauses

Dealer Liability. Dealer liability under the retail program will be on a non-recourse basis.
Sample 1Sample 2
AutoNDA by SimpleDocs
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.
Sample 1Sample 2
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.
Sample 1
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.
Sample 1
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.
Sample 1
Dealer Liability. (a) If any Dealer representation, warranty or covenant made in this Agreement to XxxXx is breached or untrue or XxxXx reasonably believes is breached or untrue prior to purchasing the Contract, XxxXx may choose not to purchase such Financing Contract. Dealer will indemnify and hold XxxXx harmless from any claim, suit, loss, liability or expense, including court costs and attorneys' fees, incurred by XxxXx in connection with such Financing Contract which XxxXx 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 XxxXx 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 XxxXx relating to a Financing Contract, Dealer shall pay XxxXx upon demand all losses and expenses incurred by XxxXx as a result thereof, including attorney's fees and costs of litigation.
Sample 1
Dealer Liability 
Sample 1Sample 2Sample 3See All (8)
AutoNDA by SimpleDocs

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;

  • 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 or draft. 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 (a) The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority. (b) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of energy, its quality, fitness for purpose or safety, other than those set out in this contract. (c) Unless we have acted in bad faith or negligently, the National Energy Retail Law excludes our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to your premises, which includes any loss or damage you suffer as a result of the defective supply of energy.

  • Member Liability You are responsible for all transfers you authorize using your Card under this Agreement. If you permit other persons to use your Card or your PIN, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your PIN or accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. For Visa Debit Card purchase transactions, if you notify us of your lost or stolen card within twenty-four (24) hours of discovery and meet certain conditions, you may not be liable for any losses. This zero liability will apply only if: (i) you can demonstrate that you exercised reasonable care in safekeeping your Card from risk of loss or theft; (ii) you have not reported two or more incidents of unauthorized use to us within the preceding 12 months; and (iii) your account is in good standing. If you notify us of your lost or stolen Card after twenty-four (24) hours of discovery or do not satisfy the conditions set forth above, your maximum liability for losses to your account may be up to $50. These liability limits will apply, provided you did not receive a benefit or the unauthorized use of your Card was by someone without actual, implied, or apparent authority, otherwise the liability limits set forth below may apply. For all other EFT transactions, including ATM Card transactions, if you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or Card, and we can prove that we could have stopped someone from accessing our account without your permission if you had told us, you could lose as much as $500. Your liability for unauthorized loan transactions through an EFT service is $50. Also, if your statement shows EFT transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for the following amounts if we can prove that we could have stopped someone from making the transfers if you had told us in time: (i) for unauthorized Visa Debit Card purchase transactions - up to the limits set forth above and (ii) for all other unauthorized ATM transactions - up to the full amount of the loss. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe your Card or PIN have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: (000) 000-0000 or write: Alaska Air Group Credit Union 00000 Xxxxxxxxxxxxx Xxxx X, Xxx 000 XxxXxx, XX 00000

  • Your Liability The following determines your liability for any unauthorized EFT or any series of related unauthorized EFTs: 1. If you notify the Credit Union within two (2) business days after your password was lost or stolen, your liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less. 2. If you fail to notify the Credit Union within two (2) business days after your password was lost or stolen, your liability will not exceed the lesser of $500.00or the total of: • $50.00 or the amount of unauthorized EFTs that occur within the two (2) business days; and • The total of authorized EFTs which occur during the two (2) days before notification to the Credit Union, provided the Credit Union establishes that these EFTs would not have occurred had the Credit Union been notified within that two-day period. 3. You must report an unauthorized EFT that appears on your periodic statement, no later than 60 days of transmittal of the statement to avoid liability for subsequent transfers; your liability will not exceed the amount of the unauthorized EFTs that occurred within the 60-day period. You may also be liable for the amounts as described in sections 1 and 2 above. 4. If the report is made orally, we will require that you send the complaint or question in writing within 20 business days. We will notify you with the results of the investigation within 10 business days and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If this occurs, we will credit your account within 10 business days for the amount you think is in error. This will allow you to use the money during the time it takes us to complete out investigation. If your complaint or question is not received in writing within 10 business days, we may not credit your account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United Stated, the applicable time periods for action by us are 20 business days (instead of 10) and 90 calendar days (instead of 45). If we determine that no error occurred, we will send you a written explanation within three business days after the investigation is complete. You may request copies of the documents that were used in the investigation. 5. You may notify the Credit Union by telephone, writing, or by email using the guest book provided in our online banking site. Notification by general e-mail to report an unauthorized transaction is not secure and therefore not advised.

  • Borrower Liability Any Borrower may, acting singly, request Credit Extensions hereunder. Each Borrower hereby appoints each other as agent for the other for all purposes hereunder, including with respect to requesting Credit Extensions hereunder. Each Borrower hereunder shall be jointly and severally obligated to repay all Credit Extensions made hereunder, regardless of which Borrower actually receives said Credit Extension, as if each Borrower hereunder directly received all Credit Extensions. Each Borrower waives (a) any suretyship defenses available to it under the Code or any other applicable law, including, without limitation, the benefit of California Civil Code Section 2815 permitting revocation as to future transactions and the benefit of California Civil Code Sections 1432, 2809, 2810, 2819, 2839, 2845, 2847, 2848, 2849, 2850, and 2899 and 3433, and (b) any right to require Bank to: (i) proceed against any Borrower or any other person; (ii) proceed against or exhaust any security; or (iii) pursue any other remedy. Bank may exercise or not exercise any right or remedy it has against any Borrower or any security it holds (including the right to foreclose by judicial or non-judicial sale) without affecting any Borrower’s liability. Notwithstanding any other provision of this Agreement or other related document, each Borrower irrevocably waives all rights that it may have at law or in equity (including, without limitation, any law subrogating Borrower to the rights of Bank under this Agreement) to seek contribution, indemnification or any other form of reimbursement from any other Borrower, or any other Person now or hereafter primarily or secondarily liable for any of the Obligations, for any payment made by Borrower with respect to the Obligations in connection with this Agreement or otherwise and all rights that it might have to benefit from, or to participate in, any security for the Obligations as a result of any payment made by Borrower with respect to the Obligations in connection with this Agreement or otherwise. Any agreement providing for indemnification, reimbursement or any other arrangement prohibited under this Section 9.8 shall be null and void. If any payment is made to a Borrower in contravention of this Section 9.8, such Borrower shall hold such payment in trust for Bank and such payment shall be promptly delivered to Bank for application to the Obligations, whether matured or unmatured.

  • Product Liability Claims As soon as it becomes aware, each party will give the other prompt written notice of any defect or alleged defect in a Product, any injury alleged to have occurred as a result of the use or application of a Product, and any circumstances that may give rise to litigation or recall of a Product or regulatory action that may affect the sale or manufacture of a Product, specifying, to the extent the party has such information, the time, place and circumstances thereof and the names and addresses of the persons involved. Each party will also furnish promptly to the other copies of all papers received in respect of any claim, action or suit arising out of such alleged defect, injury or regulatory action.

  • Other Liabilities Local Church represents and warrants that is has no loans, leases or other debts secured by the Real Property or Personal Property, except those matters set out Schedule 3.2, and that if any debts exist, secured or unsecured, it shall either satisfy all of its debts, loans, and liabilities, or assign or transfer such obligations to its new operating entity prior to or simultaneous with Closing, and solely bear the cost thereof. Local Church must provide sufficient documentation of the same to Annual Conference.

  • Cross-Liability All required liability policies shall provide cross-liability coverage as would be achieve under the standard ISO separation of insureds clause.

  • Joint Account Owner Liability If an item deposited in a joint account is returned unpaid, a joint account is overdrawn, or if we do not receive final payment on a transaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If any account owner is indebted to us, we may enforce our rights against any account of the indebted owner, including all funds in the joint account, regardless of who contributed the funds.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!