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 1998-3), Indemnification Agreement (Capital One Auto Finance Trust 2002-A), Indemnification Agreement (Capital One Auto Receivables Trust 2001-B)
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 (UPFC Auto Receivables Trust 2006-A), Indemnification Agreement (Americredit Automobile Receivables Trust 2004-B-M)
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)
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 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)