Common use of REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATIONS Clause in Contracts

REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATIONS. a. If any Dealer representation, warranty or covenant made in connection with a Contract is breached or is untrue, or if Dealer has failed to perform any obligation it may have under a Contract or this Agreement, or if the Buyer asserts any claim arising out of the purchase of a Boat from Dealer under a Contract sold to NationsCredit, then Dealer shall promptly pay NationsCredit any or all of the following amounts at the election of NationsCredit: (i) the unpaid balance, as determined by NationsCredit, of all Contracts affected by such breach or misrepresentation or claim; (ii) Dealer's portion of any unearned finance charges; (iii) all losses and expenses incurred by NationsCredit as a result of such breach or misrepresentation or claim; and (iv) all out-of-pocket expenses (including, but not limited to, attorney's fees and costs) paid or incurred by NationsCredit in connection with the collection of any amount due under any such Contract. If Dealer breaches this Agreement in any other respect, Dealer shall reimburse NationsCredit for all losses and expenses incurred by NationsCredit as a result of such breach. In addition, Dealer shall indemnify and hold NationsCredit harmless for all losses or expenses, including reasonable attorneys' fees and legal costs, suffered or incurred by NationsCredit in any judicial, administrative, or any other proceeding because of any claim or defense asserted against NationsCredit as a result of any act or omission on the part of Dealer, including, at the election of NationsCredit, the unpaid balance of the Contract, as determined by NationsCredit. b. Notwithstanding anything to the contrary set forth herein, Dealer hereby guarantees to NationsCredit the payment in full of all amounts owing to NationsCredit from time to time under any Contract purchased by NationsCredit from Dealer in respect of which the Buyer was, at the time of such purchase, an officer, director, partner or employee of Dealer (or a member of the immediate family of any such person associated with the Dealership.)

REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATIONS. a. If any Dealer representation, warranty or covenant made in connection with a Contract is breached or is untrue, or if Dealer has failed to perform any obligation it may have under a Contract or this Agreement, or if the Buyer asserts any claim arising out of the purchase of a Boat Vehicle from Dealer under a Contract sold to NationsCredit, then Dealer shall promptly pay NationsCredit any or all of the following amounts at the election of NationsCredit: (i) the unpaid balance, as determined by NationsCredit, of all Contracts affected by such breach or misrepresentation or claim; (ii) Dealer's portion of any unearned finance charges; (iii) all losses and expenses incurred by NationsCredit as a result of such breach or misrepresentation or claim; and (iv) all out-of-pocket expenses (including, but not limited to, attorney's attorneys' fees and costs) paid or incurred by NationsCredit in connection with the collection of any amount due under any such Contract. If Dealer breaches this Agreement in any other respect, Dealer shall reimburse NationsCredit for all losses and expenses incurred by NationsCredit as a result of such breach. In addition, Dealer shall indemnify and hold NationsCredit harmless for all losses or expenses, including reasonable attorneys' fees and legal costs, suffered or incurred by NationsCredit in any judicial, administrative, or any other proceeding because of any claim or defense asserted against NationsCredit as a result of any act or omission on the part of Dealer, including, at the election of NationsCredit, the unpaid balance of the Contract, as determined by NationsCredit. b. Notwithstanding anything to the contrary set forth herein, Dealer hereby guarantees to NationsCredit the payment in full of all amounts owing to NationsCredit from time to time under any Contract purchased by NationsCredit from Dealer in respect of which the Buyer was, at the time of such purchase, an officer, director, partner or employee of Dealer (or a member of the immediate family of any such person associated with the Dealership.)