Common use of Responsibilities of the Seller Clause in Contracts

Responsibilities of the Seller. Anything herein to the contrary notwithstanding: (a) The Seller agrees to deliver directly to the Servicer (for ARSC’s account), within one Business Day after receipt thereof, any Pool Collections that it receives, in the form so received, and agrees that all such Pool Collections shall be deemed to be received in trust for ARSC and its assignees and shall be maintained and segregated separate and apart from all other funds and moneys of the Seller until delivery of such Pool Collections to the Servicer; and (b) The Seller hereby grants to ARSC an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Seller all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Seller or transmitted or received by ARSC (whether or not from the Seller) in connection with any ARSC Purchased Asset (which power of attorney may be exercised by ARSC’s successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The Seller shall perform, or cause to be performed, all of its obligations hereunder and under the CFC Home Purchase Contracts and other Contracts related to the CFC Receivables to which it is a party to the same extent as if such CFC Receivables had not been sold hereunder, and the exercise by ARSC or its designee or assignee of ARSC’s rights hereunder or in connection herewith shall not relieve the Seller from any of its obligations under any such CFC Home Purchase Contracts or Contracts related to the CFC Receivables.

Responsibilities of the Seller. (a) Anything herein to the contrary notwithstanding: (a) The Seller agrees to deliver directly to the Servicer (for ARSC’s account), within one Business Day after receipt thereof, any Pool Collections that it receives, in the form so received, and agrees that all such Pool Collections shall be deemed to be received in trust for ARSC and its assignees and shall be maintained and segregated separate and apart from all other funds and moneys of the Seller until delivery of such Pool Collections to the Servicer; and shall: (bi) The Seller hereby grants to ARSC an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Seller all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Seller or transmitted or received by ARSC (whether or not from the Seller) in connection with any ARSC Purchased Asset (which power of attorney may be exercised by ARSC’s successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The Seller shall perform, or cause to be performed, perform all of its obligations hereunder and obligations, if any, under the CFC Home Purchase Contracts and other Contracts related to the CFC Pool Receivables to which it is a party to the same extent as if interests in such CFC Pool Receivables had not been sold transferred hereunder, and the exercise by ARSC the Administrative Agent, or its designee or assignee any other Purchaser Party of ARSC’s their respective rights hereunder or in connection herewith shall not relieve the Seller from such obligations, (ii) pay when due any material taxes, including any sales taxes, to the extent payable in connection with the Pool Receivables and their creation and satisfaction except to the extent that such taxes are being contested in good faith and appropriate reserves have been maintained in accordance with GAAP and (iii) timely file all material tax returns required to be filed by it with respect to the Pool Receivables. None of the Purchaser Parties shall have any obligation or liability with respect to any Support Assets, nor shall any of its them be obligated to perform any of the obligations under of the Seller, the Servicer or any Originator thereunder. (b) Media LLC hereby irrevocably agrees that if at any time it shall cease to be the Servicer hereunder, it shall act (if the then-current Servicer so requests) as the data-processing agent of the Servicer and, in such capacity, Media LLC shall conduct the data-processing functions of the administration of the Receivables and the Collections thereon in substantially the same way that Media LLC conducted such data-processing functions while it acted as the Servicer. In connection with any such CFC Home Purchase Contracts or Contracts related processing functions, the Seller shall pay to Media LLC its reasonable out-of-pocket costs and expenses from the Seller’s own funds (subject to the CFC Receivablespriority of payments set forth in Section 4.01).

Responsibilities of the Seller. Anything herein to the contrary notwithstanding: (a) The Seller agrees to deliver directly to the Servicer (for ARSC’s account), within one Business Day after receipt thereof, any Pool Collections that it receives, in the form so received, and agrees that all such Pool Collections shall be deemed to be received in trust for ARSC and its assignees and shall be maintained and segregated separate and apart from all other funds and moneys of the Seller until delivery of such Pool Collections to the Servicer; and (b) The Seller hereby grants to ARSC an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Seller all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Seller or transmitted or received by ARSC (whether or not from the Seller) in connection with any ARSC Purchased Asset (which power of attorney may be exercised by ARSC’s successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The Seller shall perform, or cause to be performed, all of its obligations hereunder and under the CFC CMF Home Purchase Contracts and other Contracts related to the CFC CMF Receivables to which it is a party to the same extent as if such CFC CMF Receivables had not been sold hereunder, and the exercise by ARSC or its designee or assignee of ARSC’s rights hereunder or in connection herewith shall not relieve the Seller from any of its obligations under any such CFC CMF Home Purchase Contracts or Contracts related to the CFC CMF Receivables.

Responsibilities of the Seller. (a) Anything herein to the contrary notwithstanding: (a) The , the Seller agrees to deliver directly to shall, and the Servicer (for ARSC’s account), within one Business Day after receipt if AAR or an Affiliate thereof, any Pool Collections that it receives, in the form so received, ) and agrees that all such Pool Collections Seller shall be deemed to be received in trust for ARSC and its assignees and shall be maintained and segregated separate and apart from all other funds and moneys cause each of the Seller until delivery of such Pool Collections to the Servicer; and Originators to: (bi) The Seller hereby grants to ARSC an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Seller all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Seller or transmitted or received by ARSC (whether or not from the Seller) in connection with any ARSC Purchased Asset (which power of attorney may be exercised by ARSC’s successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The Seller shall perform, or cause to be performed, perform all of its obligations hereunder and obligations, if any, under the CFC Home Purchase Contracts and other Contracts related to the CFC Pool Receivables to which it is a party to the same extent as if interests in such CFC Pool Receivables had not been sold transferred hereunder, and the exercise by ARSC the Agent or its designee or assignee the Purchasers of ARSC’s their respective rights hereunder or in connection herewith shall not relieve the Seller or the Originators from such obligations, and (ii) pay when due any taxes, including any sales taxes payable in connection with the Pool Receivables and their creation and satisfaction. The Agent and the Purchasers shall not have any obligation or liability with respect to any Pool Asset or any related Contract, nor shall either of them be obligated to perform any of its the obligations under of the Seller, AAR or any Originator thereunder. (b) AAR hereby irrevocably agrees that if at any time it shall cease to be the Servicer hereunder, it shall act (if the then-current Servicer so requests) as the data-processing agent of the Servicer and, in such capacity, AAR shall conduct the data-processing functions of the administration of the Receivables and the Collections thereon in substantially the same way that AAR conducted such data-processing functions while it acted as the Servicer. (c) Other than as set forth in this paragraph (c) and in the Sales Agreement, neither AAR, the Seller or any of the Originators shall be required to comply with the Assignment of Claims Act with respect to any Government Receivables. Each of AAR and the Seller shall, and shall cause each of the Originators to, fully cooperate and assist the Agent and the Servicer (if other than AAR or an Affiliate thereof) in the enforcement of any such CFC Home Purchase Contracts Receivable in the Seller’s, AAR’s or Contracts related such Originator’s, as applicable, own name for and on behalf of the Agent and the Purchasers, and shall take such actions in such enforcement of such Receivable as the Agent or the Servicer (if other than AAR or an Affiliate thereof) may reasonably request. Notwithstanding the foregoing, upon the appointment by the Agent of a new Servicer (other than an Affiliate of AAR) pursuant to Section 4.1(a), AAR and the CFC ReceivablesSeller shall, and shall cause each Originator to, at its own expense if requested by such new Servicer, comply with the Assignment of Claims Act with respect to specified Government Receivables identified by such new Servicer.

Responsibilities of the Seller. Anything herein (a) Seller shall be entitled to appoint an agent for purposes of servicing and administration of the Loans, and the Participant irrevocably authorizes each such agent, in such capacity, to take such action on its behalf under the Loan Documents and to exercise such powers and perform such duties as are expressly delegated to such agent, together with such other powers as are reasonably incidental thereto. As to any matter not provided for herein, the Seller or its agent so appointed shall be fully protected in exercising any discretion or taking any action consistent with this Agreement. Notwithstanding any provision to the contrary notwithstanding: (a) The elsewhere in this Agreement, neither the Seller agrees to deliver directly to nor its agent shall have any duties or responsibilities except those expressly set forth herein, nor any fiduciary relationship with the Servicer (for ARSC’s account), within one Business Day after receipt thereof, any Pool Collections that it receives, in the form so receivedParticipant, and agrees that all such Pool Collections no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be deemed to be received in trust for ARSC and its assignees and read into this Agreement or shall be maintained and segregated separate and apart from all other funds and moneys of otherwise exist against the Seller until delivery of such Pool Collections to the Servicer; andor its agent. (b) The Seller hereby grants to ARSC an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in shall have the name following specific powers and duties: (i) The Seller shall hold all of the Loan Documents in its possession for the benefit of the Participant. The Seller all steps necessary or advisable shall furnish to endorsethe Participant (A) copies of the Loan Documents, negotiate or otherwise realize on as amended from time to time, and any writing or other right of any kind held or transmitted by agreements between the Seller and the Obligor or transmitted or received by ARSC (whether or not from the Seller) any other obligor executed and delivered in connection with the Loan Documents, (B) copies of all notices delivered to the Seller as required by the Loan Documents, and (C) copies of all financial statements required to be furnished by the Obligor pursuant to the Loan Documents which are received by the Seller. (ii) The Seller shall have the right to collect the entire interest due and all payments of principal, together with any ARSC Purchased Asset and all other amounts due on or in connection with the Loans. With respect to items of interest, principal and fees, the Seller shall promptly account for and pay to the Participant, as and when the Seller shall receive the same, the Participant’s Pro Rata Share thereof (but in no event later than one Business Day following receipt). (iii) The Seller shall use due diligence to recover from the Obligor or any other party liable therefore all expenses properly incurred which power are reimbursable from the Obligor or such other party under the Loan Documents, and is hereby authorized to retain legal counsel, and the services of attorney accountants and other professionals. In addition to its indemnification obligations under Section 6 with respect to the enforcement and collection of the Loans, the Participant shall indemnify and hold harmless (to the extent of its Pro Rata Share of the Loan Amount) the Seller from and against all losses, damages, liabilities, reasonable costs and expenses as incurred (including without limitation, attorneys’ fees) which the Seller incurs in connection with the administration of the Loans (except for such losses, liabilities, costs and expenses which have been arisen out of Seller’s actual bad faith, willful misconduct or gross negligence). (iv) The Seller shall keep at all times proper books of account and records reflecting the respective interests of the Participant and the Seller in the Loans, which records shall be made accessible for inspection by the Participant at reasonable times during normal business hours. (v) The Seller agrees, to the extent that the Seller has actual knowledge thereof, to give the Participant prompt written notification, by certified mail return receipt requested, of the occurrence of any (a) default under the Loans or (b) Event of Default under the Loan Documents. (vi) All payments made by either party hereto shall be made by wire transfer in immediately available federal funds, unless otherwise agreed by the parties hereto. The Seller shall notify the Participant of any amendment, modifications, extensions or renewals to any of the Loan Documents for which the prior written consent of the Participant is not required under this Agreement. (vii) Except as otherwise provided in Section 16 below, the Seller shall have the exclusive right, in its sole discretion, without prior notice to the Participant, to: (a) agree to any modification of any of the terms of the Loan Documents or any other agreement or instrument evidencing or securing the Obligations; (b) waive any such terms (including without limitation, waive any default or event of default or waive any claim against the Obligor) or give or withhold consents or approvals to any actions or failure to act by the Obligor; (c) exercise or refrain from exercising, or waive, any rights or powers that Seller may be exercised by ARSC’s successors have in respect thereof; (d) agree to release or permit substitutions of collateral in respect of the Obligations; (e) bring suit for collection or exercise of any other remedies under the Loan Documents, (f) exercise or refrain from exercising any powers or rights which it may have under the Loan Documents and assigns (g) otherwise administer the Loans in accordance with its reasonable judgment. (viii) The Seller shall have the right to: (a) direct the Obligor to make payment of all amounts due or to become due to Seller directly to any agent appointed pursuant to Section 8.4 9(a); and Section 11.12(b))(b) notify such agent to maintain a lockbox or similar arrangement to which Obligor has been directed to make payment to such lockbox or other arrangement, maintained under the sole dominion and control of such agent, directly to such agent. The Seller may exercise any of its powers and perform any of its duties hereunder by or through its agent. As soon as reasonably practicable after the appointment of any agent, the Seller shall provide the Participant with notice of such appointment and the name and relevant contact information of such agent. (c) The Seller agrees that it will exercise the same degree of care and skill in administering, collecting and enforcing the Loans that a reasonably prudent investor would exercise under the circumstances in the conduct of his own affairs. Neither the Seller nor its officers, directors, agents, attorneys or employees shall performbe liable to the Participant for any acts or omissions in making, administering, collecting or enforcing the Loans unless such acts or omissions constitute gross negligence or willful misconduct. Without limiting the foregoing, the Seller (i) may rely on legal counsel, independent public accountants and other experts selected or accepted by the Seller and the Seller shall not be liable for any action taken or omitted to be taken in good faith by the Seller in accordance with the advice of such counsel, accountants or experts, (ii) other than as set forth herein, makes no warranty or representation (express or implied) and shall not be responsible for any statement, warranty or representation made in connection with the Loan Documents or any related document or for the financial condition of the Obligor, (iii) shall not be responsible for the performance or observance by any other party of any of the terms, covenants or conditions of the Loan Documents or any related document, and shall not have any duty to inspect the property (including the books and records) of the Obligor, (iv) makes no warranty or representation as to, and shall not be responsible for, the due execution, legality, validity, enforceability, genuineness, sufficiency, payment priority or collectibility of, or cause for the filing or recording or otherwise perfecting a security interest in or the priority of any such security interest, or taking of any actions with respect to the Loan Documents, any collateral for the Loans or any related document, (v) shall incur no liability under, or in respect of, the Loan Documents or any related document by acting upon any notice, consent, certificate or other instrument or writing reasonably believed by the Seller to be performedgenuine and signed by the proper party, all of its (vi) shall have no obligation to make any claim, or assert any lien upon, any property held by the Seller or assert any offset in respect thereto, (vii) shall not be deemed to be a trustee for the Participant, (viii) shall have no duties or obligations hereunder other than those expressly provided for herein and under (ix) shall have no obligation to take any action which the CFC Home Purchase Contracts Seller determines in good faith could violate applicable law, the Loan Documents or any related document, or, unless and other Contracts related until it shall have been provided with adequate security and indemnity therefor, expose the Seller to any material obligation, liability or expense. (d) The Seller will not, without the prior written consent of the Participant, agree to the CFC Receivables to which it is a party alteration, amendment or revision of any of the Loan Documents in any material respect if such alteration, amendment or revision adversely affects any Loan, except to the same extent as if that the Required Participants are permitted to give such CFC Receivables had not been sold hereunder, consent pursuant to Section 16 and the exercise by ARSC or its designee or assignee of ARSC’s rights hereunder or in connection herewith shall not relieve the Seller from any of its obligations under any Required Participants have provided such CFC Home Purchase Contracts or Contracts related to the CFC Receivablesconsent.

Responsibilities of the Seller. Anything herein to the contrary notwithstanding: (a) The Seller agrees to deliver directly to the Servicer (for ARSCthe Issuer’s account), within one Business Day after receipt thereof, any Pool Collections that it receives, in the form so received, and agrees that all such Pool Collections shall will be deemed to be received in trust for ARSC the Issuer and its assignees and shall be maintained and segregated separate and apart from all other funds and moneys of the Seller until delivery of such Pool Collections to the Servicer; and (b) The Seller hereby grants to ARSC the Issuer an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Seller all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Seller or transmitted or received by ARSC the Issuer (whether or not from the Seller) in connection with any ARSC KF Purchased Asset (which power of attorney may be exercised by ARSCthe Issuer’s successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The Seller shall perform, or cause to be performed, all of its obligations hereunder and under the CFC CMGFSC Home Purchase Contracts and other Contracts related to the CFC CMGFSC Receivables to which it is a party to the same extent as if such CFC CMGFSC Receivables had not been sold hereunder, and the exercise by ARSC the Issuer or its designee or assignee of ARSCthe Issuer’s rights hereunder or in connection herewith shall not relieve the Seller from any of its obligations under any such CFC CMGFSC Home Purchase Contracts or Contracts related to the CFC CMGFSC Receivables. Notwithstanding the foregoing, the Seller acknowledges that the Issuer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.

Responsibilities of the Seller. Anything herein to the contrary notwithstanding: (a) The Seller agrees to deliver directly to the Servicer (for ARSCthe Issuer’s account), within one Business Day after receipt thereof, any Pool Collections that it receives, in the form so received, and agrees that all such Pool Collections shall will be deemed to be received in trust for ARSC the Issuer and its assignees and shall be maintained and segregated separate and apart from all other funds and moneys of the Seller until delivery of such Pool Collections to the Servicer; and (b) The Seller hereby grants to ARSC the Issuer an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Seller all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Seller or transmitted or received by ARSC the Issuer (whether or not from the Seller) in connection with any ARSC KF Purchased Asset (which power of attorney may be exercised by ARSCthe Issuer’s successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The Seller shall perform, or cause to be performed, all of its obligations hereunder and under the CFC CRC Home Purchase Contracts and other Contracts related to the CFC CRC Receivables to which it is a party to the same extent as if such CFC CRC Receivables had not been sold hereunder, and the exercise by ARSC the Issuer or its designee or assignee of ARSCthe Issuer’s rights hereunder or in connection herewith shall not relieve the Seller from any of its obligations under any such CFC CRC Home Purchase Contracts or Contracts related to the CFC CRC Receivables. Notwithstanding the foregoing, the Seller acknowledges that the Issuer or its designees are entitled to perform such obligations to the extent permitted under the Transaction Documents.

Responsibilities of the Seller. Anything herein to the contrary notwithstanding: (a) The Seller agrees to deliver directly to the Servicer (for ARSC’s 's account), within one Business Day after receipt thereof, any Pool Collections that it receives, in the form so received, and agrees that all such Pool Collections shall be deemed to be received in trust for ARSC and its assignees and shall be maintained and segregated separate and apart from all other funds and moneys of the Seller until delivery of such Pool Collections to the Servicer; and (b) The Seller hereby grants to ARSC an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Seller all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Seller or transmitted or received by ARSC (whether or not from the Seller) in connection with any ARSC Purchased Asset (which power of attorney may be exercised by ARSC’s 's successors and assigns in accordance with Section 8.4 and Section 11.12(b)). (c) The Seller shall perform, or cause to be performed, all of its obligations hereunder and under the CFC CMF Home Purchase Contracts and other Contracts related to the CFC CMF Receivables to which it is a party to the same extent as if such CFC CMF Receivables had not been sold hereunder, and the exercise by ARSC or its designee or assignee of ARSC’s 's rights hereunder or in connection herewith shall not relieve the Seller from any of its obligations under any such CFC CMF Home Purchase Contracts or Contracts related to the CFC CMF Receivables.

Responsibilities of the Seller. Anything herein to the contrary notwithstanding:: US-DOCS\149440763.13 (a) The Seller agrees to deliver directly to the Servicer (for ARSC’s account), within one Business Day after receipt thereof, any Pool Collections that it receives, in the form so receivedshall perform its obligations hereunder, and agrees that all the exercise by the Buyer or its designee of its rights hereunder shall not relieve the Seller from such Pool Collections obligations. (b) None of the Buyer, the Lenders or the Administrative Agent shall have any obligation or liability to any Account Debtor or any other third Person with respect to any Subject Receivables, Contracts related thereto or any other related agreements, nor shall the Buyer, the Lenders or the Administrative Agent be deemed obligated to be received in trust for ARSC and its assignees and shall be maintained and segregated separate and apart from all other funds and moneys perform any of the obligations of the Seller until delivery of such Pool Collections to the Servicer; andthereunder. (bc) The Seller hereby grants to ARSC the Buyer and the Administrative Agent (as assignee of the Buyer for the benefit of the Secured Parties under the ABL Credit Agreement) an irrevocable power of power-of-attorney, with full power of substitution, coupled with an interest, during the occurrence and continuation of an Event of Default under the ABL Credit Agreement to take in the name of the Seller all steps necessary or advisable to endorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Seller or transmitted or received by ARSC the Buyer or the Administrative Agent (as assignee of Buyer for the benefit of the Secured Parties under the ABL Credit Agreement) (whether or not from the Seller) in connection with any ARSC Purchased Asset (which power of attorney Subject Receivable sold or otherwise conveyed or purported to be conveyed by it hereunder or Related Right provided that any such action may only be exercised by ARSC’s successors taken to the extent permitted by, and assigns in accordance with Section 8.4 and Section 11.12(b))with, applicable law or regulation. (c) The Seller shall perform, or cause to be performed, all of its obligations hereunder and under the CFC Home Purchase Contracts and other Contracts related to the CFC Receivables to which it is a party to the same extent as if such CFC Receivables had not been sold hereunder, and the exercise by ARSC or its designee or assignee of ARSC’s rights hereunder or in connection herewith shall not relieve the Seller from any of its obligations under any such CFC Home Purchase Contracts or Contracts related to the CFC Receivables.

Responsibilities of the Seller. Anything herein to the contrary notwithstanding: (a) The Seller agrees to deliver (A) direct, and hereby grants to each of the Company and the Agent the authority to direct, all Obligors of Receivables purchased by the Seller to make payments of such Receivables directly to the Servicer Collection Account or to post office boxes to which only the Collection Account Bank has access, and (for ARSC’s account), within one Business Day after receipt thereof, B) to transfer any Pool Collections that it receivesreceives directly, in into the form so receivedCollection Account within two Business Days of receipt thereof, and agrees that all such Pool Collections shall be deemed to be received in trust for ARSC and its assignees and shall be maintained and segregated separate and apart from all other funds and moneys of the Seller until delivery of such Pool Collections to the Servicer; andCompany. (b) The Seller shall perform its obligations hereunder, and the exercise by the Company or its designee of its rights hereunder shall not relieve the Seller from such obligations. (c) None of the Company, the Servicer, the Issuers, the Agent or Co-Agent shall have any obligation or liability to any Obligor or any other third Person with respect to any Receivables, Contracts related thereto or any other related agreements, nor shall the Company, the Servicer, the Investors, the Agent or the Co-Agent be obligated to perform any of the obligations of the Seller thereunder. (d) The Seller hereby grants to ARSC the Company, the Servicer and the Agent an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take in the name of the Seller all steps necessary or advisable to endorseindorse, negotiate or otherwise realize on any writing or other right of any kind held or transmitted by the Seller or transmitted or received by ARSC the Company (whether or not from the Seller) in connection with any ARSC Purchased Asset (which power of attorney may be exercised by ARSC’s successors and assigns in accordance with Section 8.4 and Section 11.12(b))Receivable or Related Right. (c) The Seller shall perform, or cause to be performed, all of its obligations hereunder and under the CFC Home Purchase Contracts and other Contracts related to the CFC Receivables to which it is a party to the same extent as if such CFC Receivables had not been sold hereunder, and the exercise by ARSC or its designee or assignee of ARSC’s rights hereunder or in connection herewith shall not relieve the Seller from any of its obligations under any such CFC Home Purchase Contracts or Contracts related to the CFC Receivables.