Common use of Notice To Be Given Clause in Contracts

Notice To Be Given. (a) Except as provided in Section 7 below with respect to contribution, the indemnification provided herein by the Indemnifying Party shall be the exclusive remedy of each Indemnified Party for the Losses resulting from the Indemnifying Party's breach of a representation, warranty or agreement hereunder; provided, however, that each Indemnified Party shall be entitled to pursue any other remedy at law or in equity for any such breach so long as the damages sought to be recovered shall not exceed the Losses incurred thereby resulting from such breach.

Appears in 11 contracts

Samples: Indemnification Agreement (Advanta Mortgage Loan Trust 1997-3), Indemnification Agreement (Greenpoint Mortgage Securities Inc/), Indemnification Agreement (Long Beach Acceptance Corp)

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Notice To Be Given. (a) Except as provided in Section 7 below with respect to contribution, the indemnification provided herein by the Indemnifying Party shall be the exclusive remedy of each Indemnified Party for the Losses resulting from the Indemnifying Party's ’s breach of a representation, warranty or agreement hereunder; provided, however, that each Indemnified Party shall be entitled to pursue any other remedy at law or in equity for any such breach so long as the damages sought to be recovered shall not exceed the Losses incurred thereby resulting from such breach.

Appears in 9 contracts

Samples: Indemnification Agreement (AFS SenSub Corp.), Indemnification Agreement (Americredit Automobile Receivables Trust 2004-B-M), Indemnification Agreement (AFS SenSub Corp.)

Notice To Be Given. (a) Except as provided in Section 7 below with respect to contributioncontribution and Section 10 of this Agreement, the indemnification provided herein by the Indemnifying Party shall be the exclusive remedy of each Indemnified Party for the Losses resulting from the Indemnifying Party's breach of a representation, warranty or agreement hereunder; provided, however, that each Indemnified Party shall be entitled to pursue any other remedy at law or in equity for any such breach so long as the damages sought to be recovered shall not exceed the Losses incurred thereby resulting from such breach.

Appears in 2 contracts

Samples: Indemnification Agreement (Americredit Automobile Receivables Trust 2003-B-X), Indemnification Agreement (AmeriCredit Automobile Receivables Trust 2007-a-X)

Notice To Be Given. (a) Except as provided in Section 7 9 below with respect to contribution, the indemnification provided herein by the Indemnifying Party shall be the exclusive remedy of each Indemnified Party for the Losses resulting from the Indemnifying Party's breach of a representation, warranty or agreement hereunder; provided, however, that each Indemnified Party shall be entitled to pursue any other remedy at law or in equity for any such breach so long as the damages sought to be recovered shall not exceed the Losses incurred thereby resulting from such breach.

Appears in 2 contracts

Samples: Indemnification Agreement (Residential Asset Funding Corp), Indemnification Agreement (Residential Asset Funding Corp)

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Notice To Be Given. (a) Except as provided in Section 7 below with respect to contribution, the indemnification provided herein by the Indemnifying Party shall be the exclusive remedy of each Indemnified Party for the Losses resulting from the Indemnifying Party's breach of a representation, warranty or agreement hereunder; , provided, however, that each Indemnified Party shall be entitled to pursue any other remedy at law or in equity for any such breach so long as the damages sought to be recovered shall not exceed the Losses incurred thereby resulting from such breach.the

Appears in 1 contract

Samples: Capital One Auto Receivables LLC

Notice To Be Given. (a) Except as provided in Section 7 below with respect to contributioncontribution and Section 10 of this Agreement, the indemnification provided herein by the Indemnifying Party shall be the exclusive remedy of each Indemnified Party for the Losses resulting from the Indemnifying Party's ’s breach of a representation, warranty or agreement hereunder; provided, however, that each Indemnified Party shall be entitled to pursue any other remedy at law or in equity for any such breach so long as the damages sought to be recovered shall not exceed the Losses incurred thereby resulting from such breach.

Appears in 1 contract

Samples: Indemnification Agreement (AmeriCredit Automobile Receivables Trust 2005-a-X)

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