Common use of Registration of Subject Vehicles Clause in Contracts

Registration of Subject Vehicles. Each Certification Form (Appendix D-3) must state, for the benefit of the parties to the Consent Decree (including the Defendants) and the owners from time-to-time of Subject Vehicles, that the Certifying Entity: (a) Shall not deny registration to any Subject Vehicle based solely on: i. The presence of a defeat device or AECD covered by the resolution of claims in the Consent Decree; or ii. Emissions resulting from such a defeat device or AECD; or iii. The availability of an Approved Emissions Modification, an Emissions Compliant Recall, or the Buyback, Lease Termination, and Owner/Lessee Payment Program. (b) Shall not deny registration to any Subject Vehicle that has been modified in accordance with an Approved Emissions Modification or Emissions Compliant Recall based solely on: i. The fact that the vehicle has been modified in accordance with the Approved Emissions Modification or the Emissions Compliant Recall; or ii. Emissions resulting from the modification (including, but not limited to, the anticipated emissions described in Appendix B to the First Partial Consent Decree and Appendix B to the Second Partial Consent Decree); or iii. Other emissions-related vehicle characteristics that result from the modification; or iv. The availability of an Approved Emissions Modification, an Emissions Compliant Recall, or the Buyback, Lease Termination, and Owner/Lessee Payment Program. (c) May identify Subject Vehicles as having been modified, or not modified, in accordance with the Approved Emissions Modification or the Emissions Compliant Recall on the basis of VIN-specific information provided to the Certifying Entity by the Defendants. (d) Notwithstanding the foregoing, a Certifying Entity may deny registration to any Subject Vehicle on the basis that the Subject Vehicle fails to meet EPA’s or the Certifying Entity’s failure criteria for the onboard diagnostic (“OBD”) inspection; or on other grounds authorized or required under applicable federal regulations (including an approved State Implementation Plan) or under Section 209 or 177 of the Clean Air Act, 42 U.S.C. §§ 7543, 7507, and not explicitly excluded in subparagraphs 4.2.9(a)-(b).

Registration of Subject Vehicles. Each Certification Form (Appendix D-3) must stateThe Beneficiary certifies, for the benefit of the parties Parties (including the Settling Defendants) to the Partial Consent Decree and the Parties to the Second Partial Consent Decree (including the Defendants) and the owners from time-to-time of Subject Vehicles, that upon becoming a Beneficiary, the Certifying EntityBeneficiary: (a) Shall not deny registration to any Subject Vehicle based solely on: i. The presence of a defeat device or AECD covered by the resolution of claims in the Partial Consent Decree or in the Second Partial Consent Decree; or ii. Emissions resulting from such a defeat device or AECD; or iii. The availability of an Approved Emissions Modification, an Emissions Compliant Recall, Recall or the Buyback, Lease Termination, and Owner/Lessee Payment Program. (b) Shall not deny registration to any Subject Vehicle that has been modified in accordance with an Approved Emissions Modification or an Emissions Compliant Recall based solely on: i. The fact that the vehicle has been modified in accordance with the Approved Emissions Modification or the Emissions Compliant Recall; or ii. Emissions resulting from the modification (including, but not limited to, the anticipated emissions described in Appendix B to the First Partial Consent Decree and Appendix B to the Second Partial Consent Decree); or iii. Other emissions-related vehicle characteristics that result from the modification; or iv. The availability of an Approved Emissions Modification, an Emissions Compliant Recall, Recall or the Buyback, Lease Termination, and Owner/Lessee Payment Program. (c) May identify Subject Vehicles as having been modified, or not modified, in accordance with the Approved Emissions Modification or the Emissions Compliant Recall on the basis of VIN-specific information provided to the Certifying Entity Beneficiary by the Defendants. (d) Notwithstanding the foregoing, a Certifying Entity the Beneficiary may deny registration to any Subject Vehicle on the basis that the Subject Vehicle fails to meet EPA’s or the Certifying EntityBeneficiary’s failure criteria for the onboard diagnostic (“OBD”) inspection; or on other grounds authorized or required under applicable federal regulations (including an approved State Implementation Plan) or under Section 209 or 177 of the Clean Air Act, 42 U.S.C. §§ 7543, 7507, Act and not explicitly excluded in subparagraphs 4.2.9(a)-(b9(a)-(b).

Registration of Subject Vehicles. Each Beneficiary Status Certification Form (Appendix D-3) must state, for the benefit of the parties to the Consent Decree (including the Defendants) and the owners from time-to-time of Subject Vehicles, that the Certifying Entity: (a) Shall not deny registration to any Subject Vehicle based solely on: i. The presence of a defeat device or AECD covered by the resolution of claims in the Consent Decree; or ii. Emissions resulting from such a defeat device or AECD; or iii. The availability of an Approved Emissions Modification, an Emissions Compliant Recall, or the Buyback, Lease Termination, and Owner/Lessee Payment Program. (b) Shall not deny registration to any Subject Vehicle that has been modified in accordance with an Approved Emissions Modification or Emissions Compliant Recall based solely on: i. The fact that the vehicle has been modified in accordance with the Approved Emissions Modification or the Emissions Compliant Recall; or ii. Emissions resulting from the modification (including, but not limited to, the anticipated emissions described in Appendix B to the First Partial Consent Decree and Appendix B to the Second Partial Consent Decree); or iii. Other emissions-related vehicle characteristics that result from the modification; or iv. The availability of an Approved Emissions Modification, an Emissions Compliant Recall, or the Buyback, Lease Termination, and Owner/Lessee Payment Program. (c) May identify Subject Vehicles as having been modified, or not modified, in accordance with the Approved Emissions Modification or the Emissions Compliant Recall on the basis of VIN-specific information provided to the Certifying Entity by the Defendants. (d) Notwithstanding the foregoing, a Certifying Entity may deny registration to any Subject Vehicle on the basis that the Subject Vehicle fails to meet EPA’s or the Certifying Entity’s failure criteria for the onboard diagnostic (“OBD”) inspection; or on other grounds authorized or required under applicable federal regulations (including an approved State Implementation Plan) or under Section 209 or 177 of the Clean Air Act, 42 U.S.C. §§ 7543, 7507, and not explicitly excluded in subparagraphs 4.2.9(a)-(b).