Common use of Indemnities by the Servicer Clause in Contracts

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other Indemnified Parties may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the Indemnified Parties from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) (a) the failure of any information contained in any Servicer Report as of the specified date of such information to be true and correct as of the date of such Servicer Report, or the failure of any other information provided to any Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such information, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made, (c) the failure by the Servicer to comply with any applicable Law with respect to any Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable resulting from or related to the collection activities in respect of such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, rules or regulations, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Relevant Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information to be true and correct as of the date of such Servicer Report, representation or the failure of any other information provided to any Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such information, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made, (cb) the failure by the Servicer to comply with any applicable Law Laws, rule or regulation with respect to any Pool Receivable or the related Contract, (dc) any dispute, claim, offset or defense of the an Obligor (other than as a result of discharge in bankruptcy with respect to such Obligor) to the payment of any Pool Receivable to the extent resulting from or related the failure of the Servicer to the collection activities comply with its obligations hereunder in respect of such Receivable, Receivable or (ed) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, Receivable or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, any Purchasers, any Liquidity Banks, any Program Support Provider or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, the Issuer or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party the Issuer or the Administrator by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, the Issuer or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer a Monthly Report as of the specified date of such information to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party by, the Issuer or on behalf of, the Administrator by a Responsible Officer of the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by a Responsible Officer of the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct in all respects as of the date made or deemed made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law Legal Requirements with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in by the Servicer or its Affiliates with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party; PROVIDED THAT in each case such Indemnified Amounts arise out of, result from or relate to acts or omissions of such Servicer prior to the appointment of a successor to such Servicer pursuant to SECTION 4.1(C).

Indemnities by the Servicer. Without limiting any other rights which the Agent Agent, the Letter of Credit Bank or the Investors or the other Indemnified Parties may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the Indemnified Parties from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) (a) the failure of any information contained in any Servicer Report as of (to the specified date of such information extent provided by the Servicer) to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made, (c) the failure by the Servicer to comply with any applicable Law with respect to any Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable resulting from or related to the collection activities in respect of such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party, or (f) the Year 2000 Problem.

Indemnities by the Servicer. Without limiting any other rights which --------------------------- that the Agent Administrator, the Issuer or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party the Issuer or the Administrator by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, rules or regulations, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Information Package or Interim Report as of the specified date of such information to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor (other than as a result of discharge in bankruptcy with respect to such Obligor) to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, Receivable or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, the Issuer or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party the Issuer or the Administrator by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.,

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, any Conduit Purchaser or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party Conduit Purchaser or the Administrator by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense (other than as a result of discharge in bankruptcy with respect to the Obligor) of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other Indemnified Parties may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the Indemnified Parties from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) (a) the failure of any information contained in any Servicer Report as of (to the specified date of such information extent provided by the Servicer) to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made, (c) the failure by the Servicer to comply with any applicable Law with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Pool Receivable resulting directly arising from or related to the collection activities in respect of such Pool Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or Agent, the Class Agents, the Investors or the other Indemnified Parties may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the Indemnified Parties from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) (a) the failure of any information contained in any Servicer Report as of (to the specified date of such information extent provided by the Servicer) to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made, (c) the failure by the Servicer to comply with any applicable Law with respect to any Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable resulting from or related to the collection activities in respect of such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. 701648899 12403015 Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor (other than as a result of discharge in bankruptcy with respect to such Obligor) to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the Servicer’s collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, the Issuer or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, but subject to the exclusions set forth in clauses (a) through (c) of the first sentence of Section 3.1, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, rules or regulations, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor (other than as a result of discharge in bankruptcy with respect to such Obligor) to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.to

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable lawApplicable Law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Applicable Law with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in of the Servicer, its Affiliates and designees, including any sub-servicers, with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors Lenders or the other Indemnified Parties may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the Indemnified Parties and the Purchaser from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) (a) the failure of any information contained in any Servicer Report as of or Receivables Balance Report (in each case to the specified date of such information extent provided by the Servicer) to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made, (c) the failure by the Servicer to comply with any applicable Law with respect to any Receivable or the any Contract related Contractthereto, (d) any dispute, claim, offset or defense defence of the Obligor to the payment of any Receivable resulting from or related to the collection activities in respect of such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, by the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation, including with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable resulting from or related to the collection activities in respect of such ReceivableContracts, or (ed) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party; excluding, however, Indemnified Amounts (i) to the extent determined by a court of competent jurisdiction to have resulted from gross negligence or willfull misconduct on the part of such Indemnified Party and (ii) to the extent constituting recourse for Receivables which are uncollectible due to the bankruptcy, insolvency or financial inability to pay of the relevant Obligor.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Collateral Agent, the Funding Agents, the Purchasers or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer a Monthly Report as of the specified date of such information to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to the Collateral Agent, any Indemnified Party Funding Agent or any Purchaser by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct in all respects as of the date made or deemed made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Facility Agent, the Collateral Agent, the Banks or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Settlement Statement or Daily Report as of the specified date of such information to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party Bank or the Facility Agent by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in respect of such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.the

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, any Purchasers, any Liquidity Provider, any other Program Support Provider or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, rules or regulations, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party.

Indemnities by the Servicer. Without limiting any other rights which that the Agent or the Investors Purchaser or the other any of their respective affiliates, employees, officers, directors, counsel, successors, transferees or assigns (each, an "Indemnified Parties Party") may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts claims, damages, expenses, costs, losses and liabilities (including reasonable attorney costs) arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information to be true and correct as of the date of such Servicer Report, or the failure of any other information provided to any Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such information, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made in all respects when made, (cb) the failure by the Servicer to comply with any material applicable Law law, rule or regulation with respect to any Receivable Account or the related Contract, (dc) any dispute, claim, offset or defense of the Obligor related account party to the payment of any Receivable Account resulting from or related to the collection activities in with respect of to such ReceivableAccount, or (ed) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or under the Contracts or (e) the commingling of Collections at any time with other funds.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, the Issuer or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party the Issuer or the Administrator by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which the Agent or the Investors or the other that any Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, (e) the commingling of Collections at any time with other funds or (ef) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, the Issuer or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer a Monthly Report as of the specified date of such information to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any Indemnified Party the Issuer or the Administrator by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct in all respects as of the date made or deemed made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which --------------------------- that the Agent Administrator, the Issuer or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other written information provided to any Indemnified Party the Issuer or the Administrator by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement to have been true and correct as of the date made or deemed made in all respects when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereof.

Indemnities by the Servicer. Without limiting any other rights which that the Agent Administrator, any Purchasers, any Liquidity Provider, any Program Support Provider or the Investors or the any other Indemnified Parties Party may have hereunder or under applicable law, the Servicer hereby agrees to indemnify the each Indemnified Parties Party from and against any and all Indemnified Amounts arising out of or resulting from (whether directly or indirectly) ): (a) the failure of any information contained in any Servicer Report as of the specified date of such information an Information Package to be true and correct as of the date of such Servicer Reportcorrect, or the failure of any other information provided to any such Indemnified Party by, or on behalf of, the Servicer to be true and correct as of the specified date of such informationcorrect, (b) the failure of any representation, warranty or statement made or deemed made by the Servicer (or any of its officers) under or in connection with this Agreement or any other Transaction Document to which it is a party to have been true and correct as of the date made or deemed made when made, (c) the failure by the Servicer to comply with any applicable Law law, rule or regulation with respect to any Pool Receivable or the related Contract, (d) any dispute, claim, offset or defense of the Obligor to the payment of any Receivable in, or purporting to be in, the Receivables Pool resulting from or related to the collection activities in with respect of to such Receivable, or (e) any failure of the Servicer to perform its duties or obligations in accordance with the provisions hereofhereof or any other Transaction Document to which it is a party.