Common use of Investigation of Breach Clause in Contracts

Investigation of Breach. If a Responsible Person of the Servicer receives written notice from the Depositor, the Administrator or the Indenture Trustee that the Eligibility Representation was breached when made, then, in each case, the Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) will investigate the Receivable to confirm the breach and determine if the breach has a material adverse effect on the Issuer. The Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) will have the option to cure such breach. For the avoidance of doubt, the Indenture Trustee shall have no obligation to give the notice set forth in the first sentence of this Section unless a Responsible Person of the Indenture Trustee has actual knowledge of such breach or has received written notice identifying the specific Receivable or Receivables for which the Eligibility Representation was breached. None of the Depositor, the Owner Trustee, the Indenture Trustee (including in its capacity as Successor Servicer), the Parent Support Provider, the Marketing Agent or the Administrator will have an obligation to investigate whether a breach of the Eligibility Representation has occurred or whether any Receivable is required to be acquired under this Section 3.4. In addition, with respect to 60-Day Delinquent Receivables subject to an Asset Representations Review, the Servicer will have the sole ability to determine if there was non-compliance with the Eligibility Representation made by it with respect to those 60-Day Delinquent Receivables that constitutes a breach, and whether to reacquire or acquire, as applicable, those Receivables from the Issuer.

Investigation of Breach. If a Responsible Person of the Servicer an Originator receives written notice from the Depositor, the Servicer, the Administrator or the Indenture Trustee that the Eligibility Representation was breached when made, then, in each case, the Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) such Originator will investigate the Receivable to confirm the breach and determine if the breach has a material adverse effect on the Issuer. The Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) Such Originator will have the option to cure such breach. For the avoidance of doubt, the Indenture Trustee shall have no obligation to give the notice set forth in the first sentence of this Section unless a Responsible Person of the Indenture Trustee has actual knowledge of such breach or has received written notice identifying the specific Receivable or Receivables for which the Eligibility Representation was breached. None of the Depositor, the Servicer, the Owner Trustee, the Indenture Trustee (including in its capacity as Successor Servicer)Trustee, the Parent Support Provider, the Marketing Agent or the Administrator will have an obligation to investigate whether a breach of the Eligibility Representation has occurred or whether any Receivable is required to be acquired reacquired under this Section 3.4. In addition, with respect to 60-Day Delinquent Receivables subject to an Asset Representations Review, the Servicer related Originator will have the sole ability to determine if there was non-compliance with the Eligibility Representation made by it with respect to those 60-Day Delinquent Receivables that constitutes a breach, and whether to reacquire or acquire, as applicable, those Receivables from the Issuer.

Investigation of Breach. If a Responsible Person of the Servicer receives written notice from the Depositor, the Administrator Administrator, any Creditor Representative or the Indenture Trustee Master Collateral Agent that the Group Eligibility Representation was breached when made, then, in each case, the Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) will investigate the Receivable to confirm the breach and determine if the breach affects the ability of the Trust to receive and retain payment in full on such Receivable on the terms and conditions and within the timeframe set forth in the underlying device payment plan agreement and has a material adverse effect on the IssuerCredit Extensions related to the Group to which such Receivable has been designated. The Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) will have the option to cure such breach. For the avoidance of doubt, the Indenture Trustee Master Collateral Agent shall have no obligation to give the notice set forth in the first sentence of this Section 3.4 unless a Responsible Person of the Indenture Trustee Master Collateral Agent has actual knowledge of such breach or has received written notice identifying the specific Receivable or Receivables for which the Group Eligibility Representation was breached. None of the Depositor, the Owner Trustee, the Indenture Trustee (including in its capacity as Successor Servicer)Master Collateral Agent, the Parent Support Provider, the Marketing Agent or the Administrator will have an obligation to investigate whether a breach of the Group Eligibility Representation has occurred or whether any Receivable is required to be acquired under this Section 3.4. In addition, with respect to Group 60-Day Delinquent Receivables Receivable subject to an Asset Representations Review, the Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) will have the sole ability to determine if there was non-compliance with the applicable Group Eligibility Representation made by it with respect to those Group 60-Day Delinquent Receivables that constitutes a breach, and whether to reacquire or acquire, as applicable, acquire those Receivables from the IssuerTrust.

Investigation of Breach. If a Responsible Person of the Servicer an Originator receives written notice from the Depositor, the Administrator Servicer, the Administrator, any Creditor Representative or the Indenture Trustee Master Collateral Agent that the Group Eligibility Representation was breached when made, then, in each case, the Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) such Originator will investigate the Receivable to confirm the breach and determine if the breach affects the ability of the Trust to receive and retain payment in full on such Receivable on the terms and conditions and within the timeframe set forth in the underlying device payment plan agreement and has a material adverse effect on the IssuerCredit Extensions related to the Group to which such Receivable has been designated. The Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) Such Originator will have the option to cure such breach. For the avoidance of doubt, the Indenture Trustee Master Collateral Agent shall have no obligation to give the notice set forth in the first sentence of this Section 3.4 unless a Responsible Person of the Indenture Trustee Master Collateral Agent has actual knowledge of such breach or has received written notice identifying the specific Receivable or Receivables for which the Group Eligibility Representation was breached. None of the Depositor, the Servicer, the Owner Trustee, the Indenture Trustee (including in its capacity as Successor Servicer)Master Collateral Agent, the Parent Support Provider, the Marketing Agent or the Administrator will have an obligation to investigate whether a breach of the Group Eligibility Representation has occurred or whether any Receivable is required to be acquired reacquired under this Section 3.4. In addition, with respect to Group 60-Day Delinquent Receivables Receivable subject to an Asset Representations Review, the Servicer related Originator will have the sole ability to determine if there was non-compliance with the applicable Group Eligibility Representation made by it with respect to those Group 60-Day Delinquent Receivables that constitutes a breach, and whether to reacquire or acquire, as applicable, those Receivables from the IssuerTrust.

Investigation of Breach. If a Responsible Person of the Servicer an Originator receives written notice from the Depositor, the Servicer, the Administrator or the Indenture Trustee that the Eligibility Representation was breached when made, then, in each case, the Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) such Originator will investigate the Receivable to confirm the breach and determine if the breach has a material adverse effect on the Issuer. The Servicer (or if Cellco is no longer the Servicer, then Cellco in its individual capacity) Such Originator will have the option to cure such breach. For the avoidance of doubt, the Indenture Trustee shall have no obligation to give the notice set forth in the first sentence of this Section unless a Responsible Person of the Indenture Trustee has actual knowledge of such breach or has received written notice identifying the specific Receivable or Receivables for which the Eligibility Representation was breached. None of the Depositor, the Servicer, the Owner Trustee, the Indenture Trustee (including in its capacity as Successor Servicer)Trustee, the Parent Support Provider, the Marketing Agent or the Administrator will have an obligation to investigate whether a breach of the Eligibility Representation has occurred or whether any Receivable is required to be acquired reacquired under this Section 3.4. In addition, with respect to 60-Day Delinquent Receivables subject to an Asset Representations Review, the Servicer related Originator will have the sole ability to determine if there was non-compliance with the Eligibility Representation made by it with respect to those 60-Day Delinquent Receivables that constitutes a breach, and whether to reacquire or acquire, as applicable, those Receivables from the Issuer.those