No Fraud or Misrepresentation. To the best of the Borrower’s knowledge, such Receivable was originated without fraud or misrepresentation.

Special Rules for Fraud and Intentional Misrepresentation. Notwithstanding anything in this Article VI to the contrary, in the event of any breach of a representation, warranty, covenant or agreement by any Seller that results from intentional misrepresentation or constitutes fraud, then, solely with respect to such Seller responsible for such intentional misrepresentation or fraud # such representation or warranty will survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby and will continue in full force and effect without regard to any survival period set forth in Section 6.1, and # the limitations to indemnification set forth in Section 6.2(c) shall not apply to any Loss that the Buyer Indemnified Parties may suffer, sustain or become subject to, as a result of, arising out of, relating to or in connection with any such breach.

“Fraud” means any knowing and intentional misrepresentation with such misrepresentation being made with the intent to defraud, but not including negligent misrepresentation.

MISREPRESENTATION AND/OR NON-DISCLOSURE.

Misrepresentation. We may cancel this policy or any part of it with 30 days notice if the coverage was obtained through misrepresentation, fraudulent statements, or omissions or concealment of a fact that is relevant to the acceptance of the risk or to the hazard we assumed.

any seller of Registered Securities who was not guilty of such fraudulent misrepresentation; and # contribution by

intentional fraud, misrepresentation, or embezzlement by the Executive in the course of his employment; and/or

any breach or misrepresentation in any of the representations and warranties made by Seller in this Agreement;

a misrepresentation by the Borrower to the Lender for the purpose of obtaining or extending credit; or

resulting from any misrepresentation, breach of warranty or failure to perform any covenant or agreement of BUTTE contained in this Agreement; and