Common use of Electronic Signatures and Transmission Clause in Contracts

Electronic Signatures and Transmission. (a) For purposes of this Indenture, any reference to “written” or “in writing” means any form of written communication, including, without limitation, electronic signatures, and any such written communication may be transmitted by Electronic Transmission. “Electronic Transmission” means any form of communication not directly involving the physical transmission of paper, including the use of, or participation in, one or more electronic networks or databases (including one or more distributed electronic networks or databases), that creates a record that may be retained, retrieved and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process. The Indenture Trustee is authorized to accept written instructions, directions, reports, notices or other communications delivered by Electronic Transmission that is reasonably believed by it to have been presented by the proper person. The Indenture Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information to the Indenture Trustee reasonably believed by it to have been presented by the proper person, including, without limitation, the risk of interception and misuse by third parties.

Appears in 13 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2024-B), Indenture (Harley-Davidson Motorcycle Trust 2024-B), Indenture (Harley-Davidson Motorcycle Trust 2024-A)

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Electronic Signatures and Transmission. (a) For purposes of this Indenture, any reference to “written” or “in writing” means any form of written communication, including, without limitation, electronic signatures, and any such written communication may be transmitted by Electronic Transmission. “Electronic Transmission” means any form of communication not directly involving the physical transmission of paper, including the use of, or participation in, one or more electronic networks or databases (including one or more distributed electronic networks or databases), that creates a record that may be retained, retrieved and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process. The Indenture Trustee is authorized to accept written instructions, directions, reports, notices or other communications delivered by Electronic Transmission that is reasonably believed by it to have been presented by the proper person. The Indenture Trustee shall not have any liability for any losses, liabilities, costs or expenses incurred or sustained by any party as a result of such reliance upon or compliance with such instructions, directions, reports, notices or other communications or information to the Indenture Trustee reasonably believed by it to have been presented by the proper person, including, without limitation, the risk of interception and misuse by third parties.

Appears in 2 contracts

Samples: Indenture (Harley-Davidson Motorcycle Trust 2021-A), Indenture (Harley-Davidson Motorcycle Trust 2021-A)

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