Common use of Georgia Clause in Contracts

Georgia. Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Service Contract, exclusion (A) is removed and replaced with: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE CONTRACT AND/OR ANY PREVIOUSLY DAMAGED PRODUCT. CANCELLATION section is deleted in its entirety and replaced with the following: You may cancel this Service Contract for any reason at any time. If You cancel Your Service Contract within ninety (90) days of receipt of Your Service Contract You will receive a full refund of the price of this Service Contract. If You cancel after ninety (90) days of receipt of Your Service Contract, You will receive a pro rata refund of the Service Contract price. We may not cancel this Service Contract except for fraud, material misrepresentation, or non-payment by You. If We cancel, the refundable portion of the purchase price of this Service Contract is based upon one-hundred percent (100%) of the unearned pro-rata amount of the purchase price of this Service Contract on the date of its cancellation. In the event of cancellation by Us, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. Any cancellation, expiration, or termination of this Service Contract, including by You or by Us, shall not cancel, expire or terminate the Arbitration Agreement and Class Action Waiver, which shall remain in effect (unless You opted out of the Arbitration Agreement and Class Action Waiver in a timely and proper manner). Pursuant to O.C.G.A. 33-7-6 (c) (2), nothing contained in the Arbitration Agreement provision shall affect your right to file a direct claim under the terms of this contract against Insurance Company of the South. Mississippi: Section 4 of this Service Contract is amended to add:

Georgia. Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Service Contract, exclusion (A) is removed and replaced with: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE CONTRACT AND/OR ANY PREVIOUSLY DAMAGED PRODUCT. CANCELLATION section is deleted in its entirety and replaced with the following: You may cancel this Service Contract for any reason at any time. If You cancel Your Service Contract within ninety (90) days of receipt of Your Service Contract You will receive a full refund of the price of this Service Contract. If You cancel after ninety (90) days of receipt of Your Service Contract, You will receive a pro rata refund of the Service Contract price. We may not cancel this Service Contract except for fraud, material misrepresentation, or non-payment by You. If We cancel, the refundable portion of the purchase price of this Service Contract is based upon one-hundred percent (100%) of the unearned pro-rata amount of the purchase price of this Service Contract on the date of its cancellation. In the event of cancellation by Us, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. Any cancellation, expiration, or termination of this Service Contract, including by You or by Us, shall not cancel, expire or terminate the Arbitration Agreement and Class Action Waiver, which shall remain in effect (unless You opted out of the Arbitration Agreement and Class Action Waiver in a timely and proper manner). Pursuant to O.C.G.A. 33-7-6 (c) (2), nothing contained in the Arbitration Agreement provision shall affect your right to file a direct claim under the terms of this contract against Insurance Company of the South. Mississippi: Section 4 of this Service Contract is amended to add:

Georgia. Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Service Contract, exclusion (A) is removed and replaced with: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE CONTRACT AND/OR ANY PREVIOUSLY DAMAGED PRODUCT. CANCELLATION section is deleted in its entirety and replaced with the followingamended as follows: You may cancel this Service Contract for any reason at any time. If You cancel Your Service Contract within ninety after thirty (9030) days of receipt of Your Service Contract You will receive a full refund of the price of this Service Contract. If You cancel after ninety (90) days of receipt of Your Service ContractAgreement, You will receive a pro rata refund of the Service Contract Agreement price. We may not cancel this Service Contract except for fraud, material misrepresentation, or non-payment by You. If We cancel, the refundable portion of the purchase price of this Service Contract is based upon one-hundred percent (100%) of the unearned pro-rata amount of the purchase price of this Service Contract on the date of its cancellation. In the event of cancellation by UsUS, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. Any cancellationWe may not cancel this Agreement except for fraud, expirationmaterial misrepresentation, or termination non-payment by You. ARBITRATION section of this Service Contract, including by You or by Us, shall not cancel, expire or terminate Agreement is removed. In the Arbitration Agreement and Class Action Waiver, which shall remain in effect (unless You opted out of the Arbitration Agreement and Class Action Waiver in a timely and proper manner). Pursuant to O.C.G.A. 33-7-6 (c) (2), nothing contained in the Arbitration Agreement provision shall affect your right to file a direct claim under the terms “WHAT IS NOT COVERED” section of this contract against Insurance Company of the SouthAgreement, exclusion (C) is removed and replaced with: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT AND/OR ANY PRODUCT SOLD USED, DAMAGED OR “AS-IS”. MississippiHawaii: Section 4 of this Service Contract CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to add:refunds not paid or credited within forty-five (45) days of receipt of returned Service Agreement.

Georgia. Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Service Contract, exclusion (ASection 5(E) is removed and replaced with: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE CONTRACT AND/OR ANY PREVIOUSLY DAMAGED PRODUCT. CANCELLATION section is deleted in its entirety and replaced with the following: You may cancel this Service Contract for any reason at any time. “ANY AND ALL PRE-EXISTING CONDITIONS KNOWN TO YOU OR REASONABLY SHOULD BE KNOW TO YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.” Section 6(E)(3) is deleted in its entirety and replaced with the following: “If You cancel Your Service Contract within ninety (90) days of receipt of Your Service Contract You this Agreement during the Free Look Period after making a claim or cancel this Agreement after the Free Look Period, We will receive a full refund the excess of the price of this Service Contract. If You cancel after ninety (90) days of receipt of Your Service Contractconsideration paid for the Agreement, You will receive a pro rata refund above the customary short rate for the expired term of the Service Contract price. Agreement.” Section 6(E)(4) is deleted in its entirety and replaced with the following: “We may not only cancel this Service Contract except Agreement for fraud, material misrepresentation, or non-payment by Youfailure to pay any amounts due. If We cancel, the refundable portion of the purchase price of this Service Contract is based upon one-hundred percent (100%) of the unearned pro-rata amount of the purchase price of this Service Contract on the date of its cancellation. In the event of cancellation by Us, will provide You with written notice of such cancellation cancellation, which will be in writing and given effective at least thirty (30) days prior to cancellationfrom date of mailing such notice. Cancellation If We cancel this Agreement, We will comply with Section 33-24-44 refund any unearned portion of the Code of GeorgiaAgreement price on a pro rata basis. Claims paid shall will not be deducted from any refund owed as a result due under this Agreement.” The following paragraph is added to Section 6(E) of cancellation. the Agreement: “Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) % of the refund owed and interest of eighteen percent (18%) % per year until paid; however, such penalty shall not exceed fifty percent (50%) % of the amount of the refund. Any cancellationCancellations will comply with Section 33-24-44 of the Code of Georgia.” If a claim covered by this Agreement is also covered by another service contract, expirationthen the claim will be paid on a pro-rata basis with such other service contract. If a claim covered by this Agreement is covered by an insurance policy, manufacturer’s warranty, or termination recall, or is the subject of this Service Contractany legal action, including by You We shall pay only for the amount of the cost to repair or by Usreplace such covered product in excess of the amount due from that other insurance policy, manufacturer’s warranty, recall, or legal action. In no event, however, shall not cancel, expire or terminate We pay more than the Arbitration Agreement and Class Action Waiver, which shall remain in effect (unless You opted out applicable Limit of the Arbitration Agreement and Class Action Waiver in a timely and proper manner). Pursuant to O.C.G.A. 33-7-6 (c) (2), nothing contained in the Arbitration Agreement provision shall affect your right to file a direct claim under the terms of this contract against Insurance Company of the South. Mississippi: Section 4 of this Service Contract is amended to add:Liability.

Georgia. Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Service Contract, exclusion (A) is removed and replaced with: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE CONTRACT AND/OR ANY PREVIOUSLY DAMAGED PRODUCT. CANCELLATION section is deleted in its entirety and replaced with the followingamended as follows: You may cancel this Service Contract for any reason at any time. If You cancel Your Service Contract within ninety after thirty (9030) days of receipt of Your Service Contract You will receive a full refund of the price of this Service Contract. If You cancel after ninety (90) days of receipt of Your Service ContractAgreement, You will receive a pro rata refund of the Service Contract Agreement price. We may not cancel this Service Contract except for fraud, material misrepresentation, or non-payment by You. If We cancel, the refundable portion of the purchase price of this Service Contract is based upon one-hundred percent (100%) of the unearned pro-rata amount of the purchase price of this Service Contract on the date of its cancellation. In the event of cancellation by UsUS, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. Any cancellationWe may not cancel this Agreement except for fraud, expirationmaterial misrepresentation, or termination non- payment by You. ARBITRATION section of this Service Contract, including by You or by Us, shall not cancel, expire or terminate Agreement is removed. In the Arbitration Agreement and Class Action Waiver, which shall remain in effect (unless You opted out of the Arbitration Agreement and Class Action Waiver in a timely and proper manner). Pursuant to O.C.G.A. 33-7-6 (c) (2), nothing contained in the Arbitration Agreement provision shall affect your right to file a direct claim under the terms “WHAT IS NOT COVERED” section of this contract against Insurance Company of the SouthAgreement, exclusion (C) is removed and replaced with: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT AND/OR ANY PREVIOUSLY DAMAGED PRODUCT. MississippiXXX-WSB (03/16) Hawaii: Section 4 of this Service Contract CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to add:refunds not paid or credited within forty-five (45) days of receipt of returned Service Agreement.

Georgia. Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Service Contract, exclusion (A) is removed and replaced with: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE CONTRACT AND/OR ANY PREVIOUSLY DAMAGED PRODUCT. CANCELLATION section is deleted in its entirety and replaced with the followingamended as follows: You may cancel this Service Contract for any reason at any time. If You cancel Your Service Contract within ninety after thirty (9030) days of receipt of Your Service Contract You will receive a full refund of the price of this Service Contract. If You cancel after ninety (90) days of receipt of Your Service ContractAgreement, You will receive a pro rata refund of the Service Contract Agreement price. We may not cancel this Service Contract except for fraud, material misrepresentation, or non-payment by You. If We cancel, the refundable portion of the purchase price of this Service Contract is based upon one-hundred percent (100%) of the unearned pro-rata amount of the purchase price of this Service Contract on the date of its cancellation. In the event of cancellation by UsUS, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. Any cancellationWe may not cancel this Agreement except for fraud, expirationmaterial misrepresentation, or termination non-payment by You. ARBITRATION section of this Service Contract, including by You or by Us, shall not cancel, expire or terminate Agreement is removed. In the Arbitration Agreement and Class Action Waiver, which shall remain in effect (unless You opted out of the Arbitration Agreement and Class Action Waiver in a timely and proper manner). Pursuant to O.C.G.A. 33-7-6 (c) (2), nothing contained in the Arbitration Agreement provision shall affect your right to file a direct claim under the terms “WHAT IS NOT COVERED” section of this contract against Insurance Company of the SouthAgreement, exclusion (C) is removed and replaced with: ANY AND ALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THIS CONTRACT AND LOSS OR DAMAGE TO ANY PRODUCT SOLD USED, DAMAGED OR “AS-IS”. MississippiHawaii: Section 4 of this Service Contract CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to add:refunds not paid or credited within forty-five (45) days of receipt of returned Service Agreement.