Common use of Utah Clause in Contracts

Utah. This Service Contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. The Contract purchase price is payable, in full, at the time of purchase. Within the “ADMINISTRATOR OBLIGOR” section of this Contract, the following sentence(s) is amended: “Obligations of the Provider under this Service Contract are guaranteed under a Service Contract reimbursement insurance policy. Should the provider fail to pay or provide service on any claim within 60 days after proof of loss has been filed, the Contract Holder is entitled to make a claim directly against the Insurance Company.” Within the “WHAT TO DO IF YOUR VEHICLE SUSTAINS A MECHANICAL BREAKDOWN” section of this Contract, the following sentence(s) is amended: “If emergency repairs covered by this Service Contract are required outside the Administrator’s business hours, You should deliver Your Vehicle to a Licensed Repair Facility and have the necessary repairs performed at a reasonable and customary charge. As soon as reasonably possible, You should report the repairs to the Administrator. Failure to notify the Administrator within the time specified herein does not invalidate Your claim if You can demonstrate that it was not reasonably possible to give the notice or file the proof of loss within the prescribed time and that notice was given or proof of loss was filed as soon as reasonably possible. If You cannot demonstrate that it was not reasonably possible to give notice or file the proof of loss within the prescribed time, reimbursement for repairs outside of the aforementioned parameter or timeframe will not be considered.” Within the “DEFINITIONS” section of this Contract, the following sentence(s) is deleted: “EMERGENCY REPAIRS: Repairs made outside of Administrator’s business hours, which, if not performed, would impair the future operation of Your Vehicle, or render Your Vehicle inoperable or unsafe to drive.” Within the “CANCELLATION AND RENEWAL” section of this Contract, the following sentence(s) is added: “Cancellation by the Administrator”, “The Administrator of this Service Contract may cancel this Contract with written notice to the Your last known address with at least thirty (30) days’ notice of such cancellation for the following reasons: (1) material misrepresentation related to the Vehicle; (2) substantial change in the risk assumed, unless the Administrator has reasonably foreseen the change or contemplated the risk when entering into this Service Contract; or (3) a substantial breach of contractual duties, conditions, or warranties by You relating to the Vehicle. A ten (10) day notice will be given for non- payment cancellations.”

Utah. Coverage provided under this Agreement is not guaranteed by the Property and Casualty Guarantee Association. This service Agreement or warranty is subject limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. If You are in need of emergency repairs and are unable to contact Us for prior authorization, then You may take Your Vehicle to any state licensed repair facility to have the repairs per- formed prior to authorization by Us. In such a case, You must contact Us as soon as possible to open a claim file. Failure to obtain prior authorization from Us prior to the performance of a repair will not invalidate a covered claim if You show that it was not reasonably possible to do so. Additionally, failure to furnish Us with copies of repair orders and other requested receipts or documents within thirty (30) days of the repair will not invalidate a covered claim if You show that it was not reasonably possible to do so. THIS AGREEMENT IS NOT AN INSURANCE POLICY. IT IS AN AGREEMENT BETWEEN YOU AND IDG FOR CERTAIN COVERED REPAIRS. YOU SHOULD OBTAIN YOUR OWN INSURANCE FOR DAMAGE TO YOUR VEHICLE, INCLUDING DAMAGE THAT MAY BE COVERED BY THIS AGREEMENT. ANY MATTER IN DISPUTE BETWEEN YOU AND THE COMPANY MAY BE SUBJECT TO ARBITRATION AS AN ALTERNATIVE TO COURT ACTION PURSUANT TO THE RULES OF (THE AMERICAN ARBITRATION ASSOCIATION OR OTHER RECOGNIZED ARBITRATOR), A COPY OF WHICH IS AVAILABLE ON REQUEST FROM THE COMPANY. ANY DECISION REACHED BY ARBITRATION SHALL BE BINDING UPON BOTH YOU AND THE COMPANY. THE ARBITRATION AWARD MAY IN- CLUDE ATTORNEY'S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGEMENT IN ANY COURT OF PROPER JURISDICTION This Service Contract Agreement or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance DepartmentDe- partment. Note: Coverage afforded under this Contract Agreement is not guaranteed by the Utah Property and Casualty Guaranty Guarantee Association. The Contract purchase price is payable, in full, at the time of purchase. Within the “ADMINISTRATOR OBLIGOR” section of this Contract, the following sentence(s) is amended: “Obligations of the Provider under this Service Contract are guaranteed under a Service Contract reimbursement insurance policy. Should the provider fail to pay or provide service on any claim within 60 days after proof of loss has been filed, the Contract Holder is entitled to make a claim directly against the Insurance Company.” Within the “WHAT TO DO IF YOUR VEHICLE SUSTAINS A MECHANICAL BREAKDOWN” section of this Contract, the following sentence(s) is amended: “If emergency repairs covered by this Service Contract are required outside the Administrator’s business hours, You should deliver Your Vehicle to a Licensed Repair Facility and have the necessary repairs performed at a reasonable and customary charge. As soon as reasonably possible, You should report the repairs to the Administrator. Failure to notify the Administrator within the time specified herein does not invalidate Your claim if You can demonstrate that it was not reasonably possible to give the notice or file the proof of loss within the prescribed time and that notice was given or proof of loss was filed as soon as reasonably possible. If You cannot demonstrate that it was not reasonably possible to give notice or file the proof of loss within the prescribed time, reimbursement for repairs outside of the aforementioned parameter or timeframe will not be considered.” Within the “DEFINITIONS” section of this Contract, the following sentence(s) is deleted: “EMERGENCY REPAIRS: Repairs made outside of Administrator’s business hours, which, if not performed, would impair the future operation of Your Vehicle, or render Your Vehicle inoperable or unsafe to drive.” Within the “CANCELLATION AND RENEWAL” section of this Contract, the following sentence(s) is added: “Cancellation by the Administrator”, “The Administrator of this Service Contract We may cancel this Contract with written Agreement for the following reasons by sending to You notice of cancellation and the reason for cancellation, via first class mail, to the Your last known address with at least thirty (30) days’ notice of such cancellation for the following reasons: (1) material misrepresentation related to the Vehicle; (2) substantial change in the risk assumed, unless the Administrator has reasonably foreseen the change or contemplated the risk when entering into this Service Contract; or (3) a substantial breach of contractual duties, conditions, or warranties by You relating to the Vehicle. A ten (10) day notice will be given for non- payment cancellations.”address:

Utah. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. This Service Contract Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under CANCELLATION, F., is amended as follows: This Agreement may only be canceled by Us on grounds of: (1) material misrepresentation; (2) substantial change in risk; or (3) substantial breaches of contractual duties, conditions or warranties. In general, If We cancel this Contract is not guaranteed Agreement, We will mail to You written notice of cancellation at least thirty (30) days before the cancellation date. However, if We cancel this Agreement within the first sixty (60) days after the Agreement Purchase Date or if We cancel this Agreement because You have defaulted in Your obligation to repay the amount financed by the Utah Property and Casualty Guaranty Associationlienholder, We will mail to You written notice of cancellation at least ten (10) days before the cancellation date. The Contract purchase price is payable, If You are in full, at the time need of purchase. Within the “ADMINISTRATOR OBLIGOR” section of this Contract, the following sentence(s) is amended: “Obligations of the Provider under this Service Contract are guaranteed under a Service Contract reimbursement insurance policy. Should the provider fail to pay or provide service on any claim within 60 days after proof of loss has been filed, the Contract Holder is entitled to make a claim directly against the Insurance Company.” Within the “WHAT TO DO IF YOUR VEHICLE SUSTAINS A MECHANICAL BREAKDOWN” section of this Contract, the following sentence(s) is amended: “If emergency repairs covered by this Service Contract and are required outside the Administrator’s business hoursunable to contact Us for prior authorization, then You should deliver may take Your Vehicle to a Licensed any state licensed Repair Facility and to have the necessary repairs performed at prior to authorization by Us. In such a reasonable and customary charge. As case, You must contact Us as soon as reasonably possible, You should report the repairs possible to the Administratoropen a claim file. Failure to notify obtain prior authorization from Us prior to the Administrator within the time specified herein does performance of a repair will not invalidate Your a covered claim if You can demonstrate show that it was not reasonably possible to give do so. Additionally, failure to furnish Us with copies of repair orders and other requested receipts or documents within thirty (30) days of the notice or file the proof of loss within the prescribed time and that notice was given or proof of loss was filed as soon as reasonably possible. If repair will not invalidate a covered claim if You cannot demonstrate show that it was not reasonably possible to give notice do so. INSURANCE STATEMENT is amended as follows: In the event the Obligor fails to pay a claim within sixty (60) days, or if the Obligor becomes insolvent or ceases to conduct business during the Term of this Agreement, You may file a direct claim with the proof insurer as designated in the INSURANCE STATEMENT section. To do so, please all the following number for instructions: (000) 000-0000. DISPUTE RESOLUTION/ARBITRATION CONTRACT AND CLASS ACTION WAIVER is amended as follows: Any matter in dispute between consumer and Obligor may be subject to arbitration as an alternative to court action pursuant to the rules of loss within (The American Arbitration Association or other recognized arbitrator), a copy of which is available on request from Obligor. Any decision reached by arbitration shall be binding upon both consumer and Obligor. The arbitration award may include attorney’s fees, if allowed by state law, and may be entered as a judgment in any court of proper jurisdiction. The arbitrator shall be prohibited from awarding punitive, consequential, special, incidental, and exemplary damages. The arbitrator may award a party only its actual damages and the prescribed time, reimbursement for repairs outside of the aforementioned parameter or timeframe will arbitrator may award equitable relief including injunctive relief. An arbitration award may not be considered.” Within set aside in later litigation except upon the “DEFINITIONS” section of this Contract, the following sentence(s) is deleted: “EMERGENCY REPAIRS: Repairs made outside of Administrator’s business hours, which, if not performed, would impair the future operation of Your Vehicle, or render Your Vehicle inoperable or unsafe to drive.” Within the “CANCELLATION AND RENEWAL” section of this Contract, the following sentence(s) is added: “Cancellation by the Administrator”, “The Administrator of this Service Contract may cancel this Contract with written notice to the Your last known address with at least thirty (30) days’ notice of such cancellation for the following reasons: (1) material misrepresentation related to the Vehicle; (2) substantial change limited circumstances set forth in the risk assumedFederal Arbitration Act, unless the Administrator has reasonably foreseen the change or contemplated the risk when entering into this Service Contract; or (3) a substantial breach of contractual duties, conditions, or warranties by You relating to the Vehicle9 U.S.C. §1 et Seq. A ten (10) day notice An award in arbitration will be given for non- payment cancellationsenforceable under the Federal Arbitration Act by any court having jurisdiction.”

Utah. CANCELLATION, Service Agreement Provider section is amended as follows: This Service Contract Agreement may only be canceled by Us on grounds of: (1) material misrepresentation; (2) substantial change in risk; or (3) substantial breaches of contractual duties, conditions, or warranties. In general, if We cancel this Agreement, We will mail to You written notice of cancellation at least thirty (30) days before the cancellation date. However, if We cancel this Agreement within the first sixty (60) days after the Agreement Purchase Date or if We cancel this Agreement because You have defaulted in Your obligation to repay the amount financed by the lienholder, We will mail to You written notice of cancellation at least ten (10) days before the cancellation date. Coverage provided under this Agreement is not guaranteed by the Property and Casualty Guarantee Association. This Agreement or warranty is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. The Contract purchase price is payable, in full, at the time of purchase. Within the “ADMINISTRATOR OBLIGOR” section of this Contract, the following sentence(s) is amended: “Obligations of the Provider under this Service Contract are guaranteed under a Service Contract reimbursement insurance policy. Should the provider fail to pay or provide service on any claim within 60 days after proof of loss has been filed, the Contract Holder is entitled to make a claim directly against the Insurance Company.” Within the “WHAT TO DO IF YOUR VEHICLE SUSTAINS A MECHANICAL BREAKDOWN” section of this Contract, the following sentence(s) is amended: “If You need emergency repairs covered by this Service Contract and are required outside the Administrator’s business hoursunable to contact Us for prior authorization, then You should deliver may take Your Vehicle to a Licensed any state licensed Repair Facility and to have the necessary repairs performed at prior to authorization by Us. In such a reasonable and customary charge. As case, You must contact Us as soon as reasonably possible, You should report the repairs possible to the Administratoropen a claim file. Failure to notify obtain prior authorization from Us prior to the Administrator within the time specified herein does performance of a repair will not invalidate Your a covered claim if You can demonstrate show that it was not reasonably possible to give do so. Additionally, failure to furnish Us with copies of repair orders and other requested receipts or documents within thirty (30) days of the notice or file the proof of loss within the prescribed time and that notice was given or proof of loss was filed as soon as reasonably possible. If repair will not invalidate a covered claim if You cannot demonstrate show that it was not reasonably possible to give notice do so. OBLIGATIONS is revised as follows: In the event the Obligor fails to pay an any claim within sixty (60) days, or if the Obligor becomes insolvent or ceases to conduct business during the Term of this Agreement, You may file a direct claim with the proof insurer as designated above. To do so, please call the following number for instructions: (800) 331‐3780. The DISPUTE RESOLUTION/ARBITRATION AGREEMENT AND CLASS ACTION WAIVER section is amended as follows: Any matter in dispute between You and Obligor may be subject to arbitration as an alternative to court action pursuant to the rules of loss within (The American Arbitration Association or other recognized arbitrator), a copy of which is available on request from Obligor. Any decision reached by arbitration shall be binding upon both You and Obligor. The arbitration award may include attorney’s fees, if allowed by state law, and may be entered as a judgment in any court of proper jurisdiction. The arbitrator shall be prohibited from awarding punitive, consequential, special, incidental, and exemplary damages. The arbitrator may award a party only its actual damages and the prescribed time, reimbursement for repairs outside of the aforementioned parameter or timeframe will arbitrator may award equitable relief including injunctive relief. An arbitration award may not be considered.” Within set aside in later litigation except upon the “DEFINITIONS” section of this Contract, the following sentence(s) is deleted: “EMERGENCY REPAIRS: Repairs made outside of Administrator’s business hours, which, if not performed, would impair the future operation of Your Vehicle, or render Your Vehicle inoperable or unsafe to drive.” Within the “CANCELLATION AND RENEWAL” section of this Contract, the following sentence(s) is added: “Cancellation by the Administrator”, “The Administrator of this Service Contract may cancel this Contract with written notice to the Your last known address with at least thirty (30) days’ notice of such cancellation for the following reasons: (1) material misrepresentation related to the Vehicle; (2) substantial change limited circumstances set forth in the risk assumedFederal Arbitration Act, unless the Administrator has reasonably foreseen the change or contemplated the risk when entering into this Service Contract; or (3) a substantial breach of contractual duties, conditions, or warranties by You relating to the Vehicle9 U.S.C. §1 et Seq. A ten (10) day notice An award in arbitration will be given for non- payment cancellationsenforceable under the Federal Arbitration Act by any court having jurisdiction.”