EMC. EMC Mortgage Corporation, a Delaware corporation, and its successors and assigns, in its capacity as a seller of the Mortgage Loans to the Depositor.
EMC. (in its capacity as Seller) hereby represents and warrants to the Depositor and the Trustee as follows, as of the Closing Date:
EMC. (in its capacity as a Sponsor) hereby represents and warrants to the Master Servicer, the Depositor, the Securities Administrator and the Trustee as follows, as of the Closing Date:
EMC. Re shall also cede, and EMCC shall accept as premium, Ten and One-Half Percent (10.5%) of all “Net Written Premium” on the Contracts.
EMC. 7.5.4.1. The engine retrofit system shall be compliant with Regulation No. 10.
EMC. The Port agrees that the City may withhold permits and administrative approvals pending compliance. For any disputes arising under this Agreement not subject to the above-cited provisions of the Everett Municipal Code, the parties retain all rights available under the law to resolve such disputes through negotiation and, if negotiation fails, through legal action. The venue for such action shall be in Snohomish County Superior Court. In any such action, each party shall have all rights and remedies provided by law to enforce this Agreement including, without limitation, damages, specific performance or writs to compel performance or require action consistent with this agreement.
EMC. 7. This Agreement and Conditional Certificate of Tax Exemption shall terminate upon (a) the issuance of a Final Certificate of Tax Exemption by the City and acceptance thereof by the Snohomish County Assessor, (b) as set forth in Section 1 above, or (c) three years from the Effective Date, except that this Agreement and Conditional Certificate of Tax Exemption may be extended at the discretion of the City pursuant to Chapter 84.14 RCW and EMC 3.78.
EMC entrusts the undersigned to comply with the confidentiality requirements governing the use of patient information as defined by the California Confidentiality of Medical Information Act and the HIPAA Privacy and Security Rules.
EMC. Notwithstanding anything to the contrary contained in these Bylaws, until such time as EMC ceases to be the beneficial owner of shares representing at least a majority of the votes entitled to be cast by the holders of Class A Common Stock and the holders of Class B Common Stock, voting together as a single class, EMC shall be entitled to nominate persons for election to the Board of Directors and propose business to be considered by the stockholders at any meeting of stockholders without compliance with the notice requirements and procedures of this Section 2.8.
