Common use of Indemnities by Servicer Clause in Contracts

Indemnities by Servicer. Without limiting any other rights which ----------------------- any such Person may have hereunder or under applicable law, Servicer hereby agrees to indemnify each of the Indemnified Parties, forthwith on demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out or related to: (i) the fact that any representation or warranty made by the Servicer (or any of its officers) under or in connection with this Agreement, any Periodic Report or any other information or report delivered by the Servicer pursuant hereto shall have been false or incorrect in any material respect when made or deemed made; (ii) the failure by the Servicer to comply with any applicable law, rule or regulation with respect to the servicing or collection of any Pool Receivable or the related Contract; (iii) the failure of the Servicer or any subservicer to perform its duties or obligations in accordance with the provisions of this Agreement; and (iv) any dispute, claim, offset or defense of the Obligor to the payment of any Pool Receivable by reason of the action or inaction of the Servicer or any subservicer of the Servicer.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Alco Standard Corp)

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Indemnities by Servicer. Without limiting any other rights ----------------------- which ----------------------- any such Person may have hereunder or under applicable law, Servicer hereby agrees to indemnify each of the Indemnified Parties, forthwith on demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out or related to: (i) the fact that any representation or warranty made by the Servicer (or any of its officers) under or in connection with this Agreement, any Periodic Report or any other information or report delivered by the Servicer pursuant hereto shall have been false or incorrect in any material respect when made or deemed made; (ii) the failure by the Servicer to comply with any applicable law, rule or regulation with respect to the servicing or collection of any Pool Receivable or the related Contract; (iii) the failure of the Servicer or any subservicer to perform its duties or obligations in accordance with the provisions of this Agreement; and (iv) any dispute, claim, offset or defense of the Obligor to the payment of any Pool Receivable by reason of the action or inaction of the Servicer or any subservicer of the Servicer.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Ikon Office Solutions Inc)

Indemnities by Servicer. Without limiting any other rights which ----------------------- any such Person may have hereunder or under applicable law, Servicer hereby agrees to indemnify each of the Indemnified Parties, forthwith on demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out or related to: (i) the fact that any representation or warranty made by the such Servicer (or any of its officers) under or in connection with this Agreement, any Periodic Report or any other information or report delivered by the such Servicer pursuant hereto shall have been false or incorrect in any material respect when made or deemed made; (ii) the failure by the such Servicer to comply with any applicable law, rule or regulation with respect to the servicing or collection of any Pool Receivable or the related Contract; (iii) the failure of the such Servicer or any subservicer to perform its duties or obligations in accordance with the provisions of this Agreement; and (iv) any dispute, claim, offset or defense of the Obligor to the payment of any Pool Receivable by reason of the action or inaction of the such Servicer or any subservicer of the such Servicer.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Sci Systems Inc)

Indemnities by Servicer. Without limiting any other rights which ----------------------- any such Person Indemnified Party may have hereunder or under applicable law, Servicer hereby agrees to indemnify each of the Indemnified PartiesParty, forthwith on demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out of or related to: to (i) the fact that any representation or warranty made by the Servicer (or any of its officers) under or in connection with this Agreement, any Periodic Report or any other information or report delivered by the Servicer pursuant hereto shall have been false or incorrect in any material respect when made or deemed made; ; (ii) the failure by the Servicer to comply with any applicable law, rule or regulation with respect to the servicing or collection of any Pool Receivable or the related Contract; , or the collection or servicing thereof; (iii) the any failure of the Servicer or any subservicer to perform its duties or obligations in accordance with the provisions of this AgreementArticle VIII or any other provision hereof; and or (iv) any dispute, claim, offset or defense of the Obligor to the payment commingling of any Pool Receivable by reason Collections with other funds of the action or inaction of the Servicer or any subservicer of the Servicer.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Applied Power Inc)

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Indemnities by Servicer. Without limiting any other rights which ----------------------- any such Person may have hereunder or under applicable law, Servicer hereby agrees to indemnify each of the Indemnified Parties, forthwith on demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out or related to: (i) the fact that any representation or warranty made by the such Servicer (or any of its officers) under or in connection with this Agreement, any Periodic Report or any other information or report delivered by the such Servicer pursuant hereto shall have been false or incorrect in any material respect when made or deemed made; (ii) the failure by the such Servicer to comply with any applicable law, rule or regulation with respect to the servicing or collection of any Pool Receivable or the related Contract; (iii) the failure of the such Servicer or any subservicer to perform its duties or obligations in accordance with the provisions of this Agreement; andor (iv) any dispute, claim, offset or defense of the Obligor to the payment of any Pool Receivable by reason of the action or inaction of the such Servicer or any subservicer of the such Servicer.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Sci Systems Inc)

Indemnities by Servicer. Without limiting any other rights which ----------------------- any such Person may have hereunder or under applicable law, Servicer hereby agrees to indemnify each of the Indemnified Parties, forthwith on demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out or related to: (i) the fact that any representation or warranty made by the Servicer such Servicer, in its capacity as Servicer, (or any of its officers) under or in connection with this Agreement, any Periodic Report or any other information or report delivered by the such Servicer pursuant hereto shall have been false or incorrect in any material respect when made or deemed made; (ii) the failure by the such Servicer to comply with any applicable law, rule or regulation with respect to the servicing or collection of any Pool Receivable or the related Contract; (iii) the failure of the such Servicer or any subservicer thereof to perform its duties or obligations as Servicer in accordance with the provisions of this Agreement; andor (iv) any dispute, claim, offset or defense of the Obligor to the payment of any Pool Receivable by reason of the action or inaction of the such Servicer or any subservicer of the such Servicer.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Sanmina-Sci Corp)

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