Common use of Indemnity by Servicer Clause in Contracts

Indemnity by Servicer. Without limiting any other rights which any such Person may have hereunder or under applicable law, Servicer hereby agrees to indemnify each Indemnified Party, forthwith on demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out of or relating to (i) any representation or warranty made by Servicer under or in connection with any Transaction Document, any Servicer Report or any other information or report delivered by or on behalf of Servicer pursuant hereto, which shall have been false, incorrect or misleading in any material respect when made or deemed made, (ii) the failure by Servicer to comply with any Applicable Law, (iii) the failure of Servicer to perform its duties or obligations in accordance with this Agreement or (iv) the commingling of any Collections with other funds.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (D & K Healthcare Resources Inc), Receivables Purchase Agreement (Maxtor Corp)

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Indemnity by Servicer. Without limiting any other rights which that any such Person may have hereunder or under applicable lawApplicable Law, Servicer hereby agrees to indemnify each Indemnified Party, forthwith on within thirty (30) days after demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out of or relating to (i) any representation or warranty made by Servicer under or in connection with any Transaction Document, any Servicer Report, any Weekly Report or any other information or report delivered by or on behalf of Servicer pursuant hereto, which shall have been false, incorrect or misleading in any material respect when made or deemed made, (ii) the failure by Servicer to comply with any Applicable Law, (iii) the failure of Servicer to perform its duties or obligations in accordance with this Agreement or any Transaction Document or (iv) the commingling by Servicer or any Sub-Servicer of any Collections with other funds.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Land O Lakes Inc), Receivables Purchase Agreement (Land O Lakes Inc)

Indemnity by Servicer. Without limiting any other rights which that any such Person may have hereunder or under applicable lawApplicable Law, Servicer hereby agrees to indemnify each Indemnified Party, forthwith on within thirty (30) days after demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out of or relating to (i) any representation or warranty made by Servicer under or in connection with any Transaction Document, any Servicer Report, any Monthly Report or any other information or report delivered by or on behalf of Servicer pursuant hereto, which shall have been false, incorrect or misleading in any material respect when made or deemed made, (ii) the failure by Servicer to comply with any Applicable Law, (iii) the failure of Servicer to perform its duties or obligations in accordance with this Agreement or any Transaction Document or (iv) the commingling by Servicer or any Sub-Servicer of any Collections with other funds.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Land O Lakes Inc), Receivables Purchase Agreement (Land O Lakes Inc)

Indemnity by Servicer. Without limiting any other rights which any such Person may have hereunder or under applicable law, Servicer hereby agrees to indemnify each Indemnified Party, forthwith on within five (5) Business Days of demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out of or relating to (i) any representation or warranty made by Servicer under or in connection with any Transaction Document, any Servicer Report, any Mid-Month Report or any other information or report delivered by or on behalf of Servicer pursuant hereto, which shall have been false, incorrect or misleading in any material respect when made or deemed made, (ii) the failure by Servicer to comply with any Applicable Law, (iii) the failure any breach by Servicer of Servicer to perform any of its duties covenants or obligations in accordance with agreements under this Agreement or any other (iva) to the commingling extent determined by a court of any Collections with other fundscompetent jurisdiction to have resulted from gross negligence or willful misconduct on the part of such Indemnified Party or (b) for recourse for Defaulted Receivables.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Avista Corp)

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Indemnity by Servicer. Without limiting any other rights which any such Person may have hereunder or under applicable law, Servicer hereby agrees to indemnify each Indemnified Party, forthwith on demand, from and against any and all Indemnified Amounts awarded against or incurred by any of them arising out of or relating to (i) any representation or warranty made by Servicer under or in connection with any Transaction Document, any Servicer Report, any Weekly Servicer Report, any Daily Report or any other information or report delivered by or on behalf of Servicer pursuant hereto, which shall have been false, incorrect or misleading in any material respect when made or deemed made, (ii) the failure by Servicer to comply with any Applicable Law, (iii) the failure of Servicer to perform its duties or obligations in accordance with this Agreement or (iv) the commingling of any Collections with other funds.

Appears in 1 contract

Samples: Receivables Purchase Agreement (D & K Healthcare Resources Inc)

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