Product Switches Sample Clauses

Product Switches. (a) The Seller may accept applications from, or make offers to, a Borrower for a Product Switch. (b) The Seller undertakes to the Issuer that it is and shall at all times remain solely responsible for documenting any relevant offer or, accepting any application, for a Product Switch made to or, received from, a Borrower with respect to any relevant Loan. (c) The Issuer shall not itself accept any application from, or make offers to, relevant Borrowers for Product Switches. (d) The Seller shall notify (by a notice in the form of Schedule 9 (Further Advance, Product Switch and/or Underpayment Option Notice) hereto) the Issuer on the Monthly Pool Date following the Monthly Period in which any Product Switch was made of any such Product Switches made during the previous Monthly Period. This notice can be combined with the notice specified in Clause 5.1(f) above. (e) In the event that the Seller makes a Product Switch in respect of any relevant Loan in the Portfolio under the terms of this Clause 5.2, the relevant Loan in respect of which a Product Switch is made will remain in the Portfolio provided that it satisfies the Asset Conditions and it is a Permitted Product Switch. (f) If the Servicer determines on the Monthly Test Date immediately following the Monthly Period in which the Product Switch was made that any of the relevant Asset Conditions have not been met as at the last day of the Monthly Period in which such Product Switch was made or the Product Switch was not a Permitted Product Switch as at the last day of the Monthly Period in which such Product Switch was made (or such breach was subsequently discovered in respect of such date) then the Seller will have an obligation to remedy such breach within ninety (90) days after receiving written notice of such breach from the Servicer and if such breach is not capable of remedy, or, if capable of remedy, is not remedied within the ninety (90) day period, the relevant Loan and its Related Security must be repurchased by the Seller at its then Current Balance on the day before the Monthly Pool Date immediately following the receipt of a Loan Repurchase Notice in accordance with Clause 9 (Warranties and Repurchase by the Seller) below.
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Product Switches. (a) The Seller may accept applications from, or make offers to, a Borrower for a Product Switch. (b) The Seller undertakes to the Issuer that it is and shall at all times remain solely responsible for documenting any relevant offer or, accepting any application, for a Product Switch made to or, received from, a Borrower with respect to any relevant Loan. (c) The Issuer shall not itself accept any application from, or make offers to, relevant Borrowers for Product Switches. (d) In the event that the Seller makes a Product Switch in respect of any Loan in the Portfolio under the terms of this Clause 4.2, the Seller shall repurchase the relevant Loan and its Related Security in accordance with Clauses 8.12 and 8.13.
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Product Switches. (a) In the event that the Seller accepts a request from a Borrower for a Product Switch, then if such Product Switch results in any of the Loan Representations and Warranties not being satisfied in respect of the relevant Loan on the next Calculation Date, or if subsequent to the sale of a First STEP Loan to the Guarantor, the origination of any related Additional STEP Loan by the Seller results in any of the Loan Representations and Warranties not being satisfied in respect of any related STEP Loan owned by the Guarantor, or if any Product Switch would give rise to an increased tax liability to the Guarantor, the Guarantor will be entitled to rectify such breach of the Loan Representations and Warranties or avoid such increased tax liability by requiring the Seller to repurchase such Loan and its Related Security to which the Product Switch relates (and any other Loan secured or intended to be secured by that Related Security or any part of it whether or not there has been any breach of a Loan Representation and Warranty in respect of such other Loan) from the Guarantor in accordance with Section 8.3 (Breach of Loan Representations and Warranties, Additional Loan Advances and Product Switch) of the Mortgage Sale Agreement. (b) The Servicer will notify the Seller (if other than itself) and the Guarantor (or the Cash Manager on its behalf) following acceptance by the Servicer of any application for a Product Switch.
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Product Switches. 4.1.1 The Issuer acknowledges that the Administrator may, subject to the terms of the Administration Agreement, agree to a request by a Borrower for a Product Switch. 4.1.2 The Issuer shall not itself accept any application from, or make elections to, relevant Borrowers for Product Switches. 4.1.3 Any Mortgage Loan which has been subject to a Product Switch will remain in the Mortgage Portfolio. The Seller will be under no obligation to reacquire any Mortgage Loan which is the subject of a Product Switch save in respect of a breach of any Mortgage Loan Warranties as at the Closing Date. 4.1.4 The Issuer acknowledges that the Administrator may agree to amendments to the terms of a Mortgage Loan (including, inter alia amendments to the repayment terms of a Mortgage Loan) where the amendment has been agreed to by the Administrator: (a) acting pursuant to any law, regulation or regulatory guidelines of Ireland, or on an instruction of a regulatory authority to which the Administrator is subject including, for the avoidance of doubt, pursuant to the Tracker Mortgage Examination; or (b) otherwise acting as a Prudent Mortgage Lender for the purpose of managing a Mortgage Loan in, or facing, arrears or in pre-arrears, provided that, following the amendment, the relevant Mortgage Loan constitutes an Eligible Product. 4.1.5 Any amendment to the terms of a Mortgage Loan in accordance with clause 4.1.4(a) or 4.1.4(b) shall not constitute a Product Switch.
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Product Switches. 4.2.1 Subject to clause 4.4, and until termination pursuant to clause 23 (Termination), the Administrator hereby undertakes that it will administer and service the Mortgage Loans and their Related Security in connection with any Product Switches, including (without limitation) accepting applications from the relevant Borrowers for Product Switches and performing all associated functions and the Seller's duties in connection with any Product Switch. The Administrator hereby agrees that its obligations by virtue of this clause 4.2.1 shall be on the terms and subject to the conditions of this Agreement and the Mortgage Sale Agreement. 4.2.2 The Administrator covenants with the Issuer that it shall not agree to any requests from any Borrower for a Product Switch unless it is required to do so in accordance with the Seller's Policies, Applicable Laws or a contractual entitlement on the part of the Borrower or offers open to acceptance by Borrowers, in each case as at the Closing Date or the Cut-Off Date, as applicable. 4.2.3 The Administrator shall be permitted to agree to amendments to the terms of a Mortgage Loan (including, inter alia, amendments to the repayment terms of a Mortgage Loan) where the Administrator is: (a) acting pursuant to any law, regulation or regulatory guidelines of Ireland, or on an instruction of a regulatory authority to which the Administrator is subject including, for the avoidance of doubt, pursuant to the Tracker Mortgage Examination; or (b) otherwise acting as a Prudent Mortgage Lender for the purpose of managing a Mortgage Loan in, or facing, arrears or in pre-arrears, provided that, following the amendment, the relevant Mortgage Loan constitutes one of the following loan types: (c) a Fixed Rate Mortgage Loan; (d) a Variable Rate Mortgage Loan; or (e) any other type of Mortgage Loan offered by Bank of Ireland or BOIMB as applicable other than a Mortgage Loan which is a flexible repayment loan or current account mortgage loan. 4.2.4 For the avoidance of doubt, any amendment made to the terms of a Mortgage Loan in accordance with clause (a) or (b) above shall not constitute a Product Switch.
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Product Switches 
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Related to Product Switches

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Recycled Products The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. References: 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873 (More than $10,000)

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Third Party Products 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

  • Manufacturer A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

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