Common use of SERVICER PAYMENT IN RESPECT OF CERTAIN LEASES AND LEASED VEHICLES Clause in Contracts

SERVICER PAYMENT IN RESPECT OF CERTAIN LEASES AND LEASED VEHICLES. (a) The representation and warranty of the Servicer set forth in Section 8.01(c), and the certifications of the Servicer pursuant to Section 8.02(b)(i), with respect to each 1999-A Lease shall survive delivery of the related Lease Documents to the Servicer and shall continue so long as such 1999-A Lease remains outstanding, or until the termination of the Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Origination Trustee, the Owner Trustee, the Indenture Trustee or the Servicer that any such representation or warranty was incorrect as of the time effective and materially and adversely affects such 1999-A Lease, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which the representation or warranty was incorrect as of the time effective. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit (or cause to be deposited) into the 1999-A SUBI Collection Account an amount equal to the then Discounted Principal Balance of such Lease as of the Deposit Date related to the Collection Period in which the 60-day cure period ended, plus an amount equal to the imputed interest, or lease charge, portion of any Monthly Lease Payments with respect thereto at the related Lease Rate that was delinquent as of that Collection Period, (ii) reallocate such Lease and the related Leased Vehicle from the 1999-A SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of any 1999-A SUBI Certificate (including without limitation the Owner Trustee on behalf of the Certificateholder and the Indenture Trustee on behalf of the Noteholders) and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such Lease or Leased Vehicle (including without limitation the reasonable fees and expenses of counsel). Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 1999-A SUBI Collection Account an amount so that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.

SERVICER PAYMENT IN RESPECT OF CERTAIN LEASES AND LEASED VEHICLES. (a) The representation and warranty of the Servicer set forth in Section 8.01(c), and the certifications of the Servicer pursuant to Section 8.02(b)(i), with respect to each 19991997-A B Lease shall survive delivery of the related Lease Documents to the Servicer and shall continue so long as such 19991997-A B Lease remains outstanding, or until the termination of the Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Origination Trustee, the Owner Trustee, the Indenture Trustee or the Servicer that any such representation or warranty was incorrect as of the time effective and materially and adversely affects such 19991997-A B Lease, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which the representation or warranty was incorrect as of the time effective. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit (or cause to be deposited) into the 19991997-A B SUBI Collection Account an amount equal to the then Discounted Principal Balance of such Lease as of the Deposit Date related to the Collection Period in which the 60-day cure period ended, plus an amount equal to the imputed interest, or lease charge, portion of any Monthly Lease Payments with respect thereto at the related Lease Rate that was delinquent as of that Collection Period, (ii) reallocate such Lease and the related Leased Vehicle from the 19991997-A B SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of any 19991997-A B SUBI Certificate (including without limitation the Owner Trustee on behalf of the Certificateholder and the Indenture Trustee on behalf of the Noteholders) and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such Lease or Leased Vehicle (including without limitation the reasonable fees and expenses of counsel). Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 19991997-A B SUBI Collection Account an amount so that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.

SERVICER PAYMENT IN RESPECT OF CERTAIN LEASES AND LEASED VEHICLES. (a) The representation and warranty of the Servicer set forth in Section 8.01(c), and the certifications of the Servicer pursuant to Section 8.02(b)(i), with respect to each 19991996-A B Lease shall survive delivery of the related Lease Documents to the Servicer and shall continue so long as such 19991996-A B Lease remains outstanding, or until the termination of the Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Origination Trustee, the Owner Trustee, the Indenture Securitization Trustee or the Servicer that any such representation or warranty was incorrect as of the time effective and materially and adversely affects such 19991996-A B Lease, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which the representation or warranty was incorrect as of the time effective. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit (or cause to be deposited) into the 19991996-A B SUBI Collection Account an amount equal to the then Discounted Principal Balance of such Lease as of the Deposit Date related to the Collection Period in which the 60-day cure period ended, plus an amount equal to the imputed interest, or lease charge, portion of any Monthly Lease Payments with respect thereto at the related Lease Rate that was delinquent as of that Collection Period, (ii) reallocate such Lease and the related Leased Vehicle from the 19991996-A B SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of any 19991996-A B SUBI Certificate (including without limitation the Owner Securitization Trustee on behalf of the Certificateholder Securitization Trust and the Indenture Trustee on behalf of the NoteholdersCertificateholders) and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such Lease or Leased Vehicle (including without limitation the reasonable fees and expenses of counsel). Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Seller Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 19991996-A B SUBI Collection Account an amount so that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.Seller

SERVICER PAYMENT IN RESPECT OF CERTAIN LEASES AND LEASED VEHICLES. (a) The representation representations and warranty warranties of the Servicer set forth in Section 8.01(c), and the certifications of the Servicer pursuant to Section 8.02(b)(i), ) with respect to each 1999-A Lease Contract shall survive delivery of the related Lease Documents 1999-A Contract to the Servicer 1999-A SUBI Portfolio and the 1999-A SUBI Sub-Trust and shall continue so long as each such 1999-A Lease Contract remains outstanding, or until the termination of the 1999-A Securitization Trust Agreement pursuant to Section 7.01 Article Seven thereof, whichever occurs earlier. Upon discovery by the Origination Trustee, the 1999-A Owner Trustee, the 1999-A Indenture Trustee or the Servicer that any such representation or warranty was incorrect as of the time effective and such incorrectness materially and adversely affects the interests of HTC LP, HTD LP, the Certificateholders or the Noteholders in such 1999-A LeaseContract, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its the Servicer's discovery of such incorrectness or receipt of notice to such effect to the Servicereffect, the Servicer shall cure in all material respects the circumstances or condition in respect of which the representation or warranty was incorrect as of the time effectiveincorrect. If the Servicer is unable or unwilling to do so timelyin a timely manner, it shall, as the sole remedy for such breach, promptly (i) deposit (or cause to be deposited) into the 1999-A SUBI Collection Account an amount equal to the then Discounted Principal Balance of such Lease 1999-A Contract as of the Deposit Date related to the Collection Period in which the 60-day cure period ended, plus an amount equal to the imputed interest, or lease charge, portion of any Monthly Lease Payments with respect thereto at the related Lease Rate that was were delinquent as of that Collection Period, (ii) reallocate such Lease 1999-A Contract and the related 1999-A Leased Vehicle and other related Trust Assets from the 1999-A SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of any 1999-A SUBI Certificate (including without limitation the 1999-A Owner Trustee Trustee, on behalf of the Certificateholder Certificateholders, and the 1999-A Indenture Trustee Trustee, on behalf of the Noteholders) or Retained 1999-A SUBI Certificate and any subsequent servicer (if other than the current Servicer) from and against, against any and all loss or liability with respect to or resulting from any such Lease or Leased Vehicle (including without limitation the reasonable fees and expenses of counsel). Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 1999-A SUBI Collection Account an amount so that Contract or the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been maderelated 1999-A Leased Vehicle.

SERVICER PAYMENT IN RESPECT OF CERTAIN LEASES AND LEASED VEHICLES. (a) The representation representations and warranty warranties of the Servicer set forth in Section 8.01(c), and the certifications of the Servicer pursuant to Section 8.02(b)(i), ) with respect to each 1999-A Lease Contract shall survive delivery of the related Lease Documents 1999-A Contract to the Servicer 1999-A SUBI Portfolio and the 1999-A SUBI Sub-Trust and shall continue so long as each such 1999-A Lease Contract remains outstanding, or until the termination of the 1999-A Securitization Trust Agreement pursuant to Section 7.01 Article Seven thereof, whichever occurs earlier. Upon discovery by the Origination Trustee, the 1999-A Owner Trustee, the 1999-A Indenture Trustee or the Servicer that any such representation or warranty was incorrect as of the time effective and such incorrectness materially and adversely affects the interests of HTC LP, HTD LP, the Certificateholders or the Noteholders in such 1999-A LeaseContract, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its the Servicer's discovery of such incorrectness or receipt of notice to such effect to the Servicereffect, the Servicer shall cure in all material respects the circumstances or condition in respect of which the representation or warranty was incorrect as of the time effectiveincorrect. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit (or cause to be deposited) into the 1999-A SUBI Collection Account an amount equal to the then Discounted Principal Balance of such Lease 1999-A Contract as of the Deposit Date related to the Collection Period in which the 60-day cure period ended, plus an amount equal to the imputed interest, or lease charge, portion of any Monthly Lease Payments with respect thereto at the related Lease Rate that was delinquent as of that Collection Period, (ii) reallocate such Lease 1999-A Contract and the related 1999-A Leased Vehicle and other related Trust Assets from the 1999-A SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of any 1999-A SUBI Certificate (including without limitation the 1999-A Owner Trustee Trustee, on behalf of the Certificateholder Certificateholders, and the 1999-A Indenture Trustee Trustee, on behalf of the Noteholders) or Retained 1999-A SUBI Certificate and any subsequent servicer (if other than the current Servicer) from and against, against any and all loss or liability with respect to or resulting from any such Lease or Leased Vehicle (including without limitation the reasonable fees and expenses of counsel). Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 1999-A SUBI Collection Account an amount so that Contract or the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been maderelated 1999-A Leased Vehicle.

SERVICER PAYMENT IN RESPECT OF CERTAIN LEASES AND LEASED VEHICLES. (a) The representation and warranty of the Servicer set forth in Section 8.01(c), and the certifications of the Servicer pursuant to Section 8.02(b)(i), with respect to each 19991998-A Lease shall survive delivery of the related Lease Documents to the Servicer and shall continue so long as such 19991998-A Lease remains outstanding, or until the termination of the Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Origination Trustee, the Owner Trustee, the Indenture Trustee or the Servicer that any such representation or warranty was incorrect as of the time effective and materially and adversely affects such 19991998-A Lease, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which the representation or warranty was incorrect as of the time effective. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit (or cause to be deposited) into the 19991998-A SUBI Collection Account an amount equal to the then Discounted Principal Balance of such Lease as of the Deposit Date related to the Collection Period in which the 60-day cure period ended, plus an amount equal to the imputed interest, or lease charge, portion of any Monthly Lease Payments with respect thereto at the related Lease Rate that was delinquent as of that Collection Period, (ii) reallocate such Lease and the related Leased Vehicle from the 19991998-A SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of any 19991998-A SUBI Certificate (including without limitation the Owner Trustee on behalf of the Certificateholder and the Indenture Trustee on behalf of the Noteholders) and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such Lease or Leased Vehicle (including without limitation the reasonable fees and expenses of counsel). Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 19991998-A SUBI Collection Account an amount so that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.