Common use of SURVIVAL OF COVENANTS/SUPERSESSION Clause in Contracts

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Sale Agreement and each Additional Purchase Sale Agreement executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC VL Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC VL Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC VL Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC VL Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC VG Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC VG Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC VG Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC VG Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Town Center Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC Town Center Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Town Center Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC Town Center Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Town Hall Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC Town Hall Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Town Hall Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC Town Hall Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Bluemont Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC Bluemont Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Bluemont Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC Bluemont Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition purchase of the Purchased Loans provided for in the related each Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Xxxxxx Xxx shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC Xxxxxx Mae with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Xxxxxx Xxx or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC Xxxxxx Mae in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Blue Ridge Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC Blue Ridge Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Blue Ridge Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC Blue Ridge Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Navient CFC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC Navient CFC with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Navient CFC or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC Navient CFC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these this Master Terms Purchase Agreement shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC SLC shall bind and inure to the benefit of any successors or assigns of Funding SLC Receivables and the Interim Eligible Lender Trustee on behalf of Funding SLC Receivables and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding SLC Receivables and SLM ECFC SLC with respect to the subject matter thereof. These This Master Terms Purchase Agreement and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding SLC Receivables of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC SLC or the waiver by Funding SLC Receivables of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding SLC Receivables to insist upon the performance by SLM ECFC SLC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement any Sale Agreements executed pursuant to these this Master Terms Sale Agreement shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these this Master Terms Purchase Agreement shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC SLC shall bind and inure to the benefit of any successors or assigns of Funding SLC Receivables and the Interim Eligible Lender Trustee on behalf of Funding SLC Receivables and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding SLC Receivables and SLM ECFC SLC with respect to the subject matter thereof. These This Master Terms Purchase Agreement and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding SLC Receivables of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC SLC or the waiver by Funding SLC Receivables of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding SLC Receivables to insist upon the performance by SLM ECFC SLC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC National Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC National Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC National Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC National Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement any Sale Agreements executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC [SPE Seller] shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC [SPE Seller] with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC [SPE Seller] or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC [SPE Seller] in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement any Sale Agreements executed pursuant to these this Master Terms Sale Agreement shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Sale Agreement and each Additional Purchase Sale Agreement executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Sale Agreement Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Sale Agreement and each Additional Purchase Sale Agreement executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of Sale Agreement any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Red Wolf Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC Red Wolf Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Red Wolf Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC Red Wolf Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Contribution Agreement and each Additional Purchase Subsequent Contribution Agreement executed pursuant to these Master Terms this Contribution Agreement shall survive the consummation of the acquisition of the Purchased Acquired Loans provided for in the Initial Contribution Agreement or the related Purchase Subsequent Contribution Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC the Depositor shall bind and inure to the benefit of any successors or assigns of Funding the Trust and the Interim Eligible Lender Trustee on behalf of Funding the Trust and shall survive with respect to each Purchased Contributed Loan. Each Purchase of the Initial Contribution Agreement and the Subsequent Contribution Agreements supersedes all previous agreements and understandings between Funding the Trust and SLM ECFC the Depositor with respect to the subject matter thereof. These Master Terms This Contribution Agreement, the Initial Contribution Agreement and any Purchase Subsequent Contribution Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Trust of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Depositor or the waiver by Funding the Trust of any provision herein contained or contained in the Initial Contribution Agreement or any Purchase Subsequent Contribution Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of the Initial Contribution Agreement or any Purchase Subsequent Contribution Agreement, be construed to lessen the right of Funding the Trust to insist upon the performance by SLM ECFC the Depositor in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Transfer Agreement and each Additional Purchase Subsequent Transfer Agreement executed pursuant to these Master Terms this Purchase Agreement shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Transfer Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC WEF shall bind and inure to the benefit of any successors or assigns of Funding the Depositor and the Interim Eligible Lender Trustee on behalf of Funding the Depositor and shall survive with respect to each Purchased Loan. Each Purchase Transfer Agreement supersedes all previous agreements and understandings between Funding the Depositor and SLM ECFC WEF with respect to the subject matter thereof. These Master Terms This Purchase Agreement and any Purchase Transfer Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Depositor of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC WEF or the waiver by Funding the Depositor of any provision herein contained or contained in any Purchase Transfer Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Transfer Agreement, be construed to lessen the right of Funding the Depositor to insist upon the performance by SLM ECFC WEF in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC VG Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC VG Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC VG Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC VG Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Sale Agreement and each Additional Purchase Sale Agreement executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the Sale Agreement administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition purchase of the Purchased Loans provided for in the related each Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC ELC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC ELC with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC ELC or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC ELC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Transfer Agreement and each Additional Purchase Subsequent Transfer Agreement executed pursuant to these Master Terms this Purchase Agreement shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Transfer Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Wachovia Bank shall bind and inure to the benefit of any successors or assigns of Funding the Depositor and the Interim Eligible Lender Trustee on behalf of Funding the Depositor and shall survive with respect to each Purchased Loan. Each Purchase Transfer Agreement supersedes all previous agreements and understandings between Funding the Depositor and SLM ECFC Wachovia Bank with respect to the subject matter thereof. These Master Terms This Purchase Agreement and any Purchase Transfer Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Depositor of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Wachovia Bank or the waiver by Funding the Depositor of any provision herein contained or contained in any Purchase Transfer Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Transfer Agreement, be construed to lessen the right of Funding the Depositor to insist upon the performance by SLM ECFC Wachovia Bank in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial each Purchase Agreement and each Additional Purchase Agreement Agreement, executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC ELC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC ELC with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC ELC or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC ELC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Sale Agreement and each Additional Purchase Sale Agreement executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor Sale Agreement shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial each Purchase Agreement and each Additional Purchase Agreement Agreement, executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC SLMA shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC SLMA with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC SLMA or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC SLMA in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition purchase of the Purchased Loans provided for in the related each Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Education Credit shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC Education Credit with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Education Credit or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC Education Credit in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Purchase Agreement — Master (SLM ECFC) 20 Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Sale Agreement and each Additional Purchase Sale Agreement executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and Sale Agreement inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional any Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee for the benefit of and on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Purchase Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and or in or pursuant to the Initial any Subsequent Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related this Purchase Agreement or such Subsequent Purchase Agreement, as applicable. All covenants, agreements, representations and warranties made herein or furnished pursuant hereto in any Subsequent Purchase Agreement by or on behalf of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee for the benefit of and on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each This Purchase Agreement and each Subsequent Purchase Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms Noteholders holding a majority of the Outstanding Amount of the Controlling Class (or Certificateholders holding a majority of the aggregate Percentage Interests of the Certificates, in the case of any default which does not adversely affect the Indenture Trustee or the Controlling Class) may, on behalf of all Noteholders and the Certificateholders, waive, in writing, any default by the Seller or the Purchaser in the performance of its obligations hereunder and any Purchase Agreement may be changedconsequences thereof. Upon any such waiver of a past default, modified or dischargedsuch default shall cease to exist, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement default arising therefrom shall not be deemed to be a have been remedied for every purpose of this Agreement and the other Transaction Documents. No such waiver of shall extend to any breach of subsequent or other default or impair any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC in strict accordance with said termsconsequent thereto.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition purchase of the Purchased Loans provided for in the related each Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC Sallie Mae shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of axxxxxx xx Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC Sallie Mae with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Sallie Mae or the waiver by Funding of any provision herein contained or contained xx xxnxxxned in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC Sallie Mae in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC SLMA shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC SLMA with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC SLMA or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC SLMA in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC VG Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC VG Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC VG Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC VG Funding in strict accordance with said terms.. Purchase Agreement - Master (VG FUNDING)

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC VG Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC VG Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC VG Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC VG Funding in strict accordance with said terms.. Purchase Agreement – Master (VG FUNDING)

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial each Purchase Agreement and each Additional Purchase Agreement Agreement, executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC VG Funding shall bind and inure to the benefit of any successors or assigns of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Interim Eligible Lender Trustee on behalf Servicer shall bind and inure to the benefit of any successors or assigns of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC VG Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC VG Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC VG Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. Section 13.01. Survival of Covenants/Suppression. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement any Sale Agreements executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition purchase of the Purchased Loans provided for in the related Purchase each Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC Seller shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding Purchaser and SLM ECFC Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC Seller or the waiver by Funding Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding Purchaser to insist upon the performance by SLM ECFC Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC VG Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and the Interim Eligible Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC VG Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC VG Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC VG Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The Purchase Agreement – Master (SLM ECFC) 20 waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC or the 4the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Purchase Agreement — Master (VG FUNDING) Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC VG Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC VG Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC VG Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC VG Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of [SLM ECFC or VG Funding] shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and [SLM ECFC or VG Funding] with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by [SLM ECFC or VG Funding] or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by [SLM ECFC or VG Funding] in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC VG Funding shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. All covenants, agreements, representations and warranties made or furnished pursuant hereto by the Servicer shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings Purchase Agreement No. 1 (VG Funding) 23 between Funding and SLM ECFC VG Funding with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC VG Funding or the Servicer or the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC VG Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Sale Agreement and each Additional Purchase Sale Agreement executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Sale Agreement -21- Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase any Sale Agreement executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee for the benefit of and on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Sale Terms and any Purchase Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these this Master Terms Purchase Agreement shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC SLC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding SLC Receivables and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding SLC Receivables and SLM ECFC SLC with respect to the subject matter thereof. These This Master Terms Purchase Agreement and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding SLC Receivables of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC SLC or the waiver by Funding SLC Receivables of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding SLC Receivables to insist upon the performance by SLM ECFC SLC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Agreement and each Additional Purchase Agreement any Sale Agreements executed pursuant to these this Master Terms Sale Agreement shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against gainst whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial any Purchase Agreement and each Additional Purchase Agreement Agreements executed pursuant to these Master Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf of SLM ECFC shall bind and inure to the benefit of any successors or assigns of Funding and the Interim Eligible Lender Trustee on behalf of Funding and shall survive with respect to each Purchased Loan. Each Purchase Agreement supersedes all previous agreements and understandings between Funding and SLM ECFC with respect to the subject matter thereof. These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC or 4 the waiver by Funding of any provision herein contained or contained in any Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Agreement, be construed to lessen the right of Funding to insist upon the performance by SLM ECFC in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to the Initial Purchase Sale Agreement and each Additional Purchase Sale Agreement executed pursuant to these Master Sale Terms shall survive the consummation of the acquisition of the Purchased Loans provided for in the related Purchase Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or on behalf for the benefit of SLM ECFC the Seller shall bind and inure to the benefit of any successors or assigns of Funding the Purchaser and the Interim Eligible Lender Trustee on behalf of Funding the Purchaser and shall survive with respect to each Purchased Loan. Each Purchase Sale Agreement supersedes all previous agreements and understandings between Funding the Purchaser and SLM ECFC the Seller with respect to the subject matter thereof. These Master Terms and any Purchase A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Funding the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by SLM ECFC the Seller or the waiver by Funding the Purchaser of any provision herein contained or contained in any Purchase Sale Sale Agreement Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein containedcontained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Purchase Sale Agreement, be construed to lessen the right of Funding the Purchaser to insist upon the performance by SLM ECFC the Seller in strict accordance with said terms.