Common use of Transfer Warranties Clause in Contracts

Transfer Warranties. A transferor who Transfers an eContract warrants to the transferee, and to any subsequent transferee, that: (i) the transferor is a Person entitled to enforce the eContract; (ii) the eContract was maintained by the transferor or its designated custodian in accordance with these System Rules; (iii) the eContract is not subject to a defense or claim in recoupment of any party which can be asserted against the transferor; and (iv) the transferor has no knowledge of any insolvency proceeding commenced with the debtor under the eContract. In no event shall Dealertrack be liable for the transferor’s breach of any of these warranties.

Appears in 2 contracts

Samples: System Rules for Digital Contracting and Vaulting Services for Three Party Contracts, System Rules for Digital Contracting and Vaulting Services for Three Party Contracts

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Transfer Warranties. A transferor who Transfers transfers an eContract warrants to the transferee, and to any subsequent transferee, that: (i) the transferor is a Person entitled to enforce the eContract; (ii) the eContract was maintained by the transferor or its designated custodian in accordance with these System Rules; (iii) the eContract is not subject to a defense or claim in recoupment of any party which can be asserted against the transferor; and (iv) the transferor has no knowledge of any insolvency proceeding commenced with the respect to any debtor under the eContract. In no event shall Dealertrack be liable for the transferor’s 's breach of any of these warranties.

Appears in 2 contracts

Samples: System Rules for Econtracting and Vaulting Services, System Rules for Digital Contracting and Vaulting Services for Three Party Contracts

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Transfer Warranties. A transferor who Transfers transfers an eContract warrants to the transferee, and to any subsequent transferee, that: (i) the transferor is a Person entitled to enforce the eContract; (ii) the eContract was maintained by the transferor or its designated custodian in accordance with these System Rules; (iii) the eContract is not subject to a defense or claim in recoupment of any party which can be asserted against the transferor; and (iv) the transferor has no knowledge of any insolvency proceeding commenced with the debtor under the eContract. In no event shall Dealertrack be liable for the transferor’s breach of any of these warranties.

Appears in 2 contracts

Samples: System Rules for Econtracting and Vaulting Services, System Rules for Digital Contracting and Vaulting Services for Three Party Contracts

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