Rights of the Backup Servicer. (a) Anything herein to the contrary notwithstanding, in no event shall the Backup Servicer be liable for special, indirect, incidental, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), whether or not any such damages were foreseeable or contemplated, even if the Backup Servicer has been advised of the likelihood of such loss or damage and regardless of the form of action.
Appears in 36 contracts
Samples: Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-4), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-4), Sale and Servicing Agreement (Exeter Automobile Receivables Trust 2024-3)
Rights of the Backup Servicer. (a) [Anything herein to the contrary notwithstanding, in no event shall the Backup Servicer be liable for special, indirect, incidental, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), whether or not any such damages were foreseeable or contemplated, even if the Backup Servicer has been advised of the likelihood of such loss or damage and regardless of the form of action.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Efcar, LLC), Sale and Servicing (Efcar, LLC), Sale and Servicing (Efcar, LLC)
