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

Anti-Fraud Cooperation. Supplier acknowledges that it will make best efforts to cause the Property to ensure that the identification presented by any End User is valid and matches the booking information provided to Supplier by Expedia-. If a Party believes a Standalone Booking or Package Booking may be or is fraudulent, or certain data provided by an End User and/or Representative Property cannot be verified, then the Parties will work together in good faith to address such fraudulent or potentially fraudulent Standalone Booking or Package Booking and such co-operation shall include, but not be limited to, the Supplier obtaining any information that Expedia reasonably requires from the Property. In the event of a fraudulent or potentially fraudulent Standalone Booking or Package Booking according to Expedia´s assessment, Expedia may cancel such Standalone Booking or Package Booking at any time. If such circumstance arises, Expedia agrees to share the information of the transaction with Decolar. The Supplier shall provide a dedicated and staffed email address and telephone number twenty-four (24) hours a day to allow Expedia to cancel a Standalone Booking or Package Booking for fraudulent or potentially fraudulent activity (“Cancellation Notice”). On receipt of a Cancellation Notice, the Supplier shall make its best efforts to cause the Property to process any cancellation of such Standalone Booking or Package Booking that Expedia requests through a Cancellation Notice. If cancellation of a fraudulent or potentially fraudulent Standalone Booking or Package Booking occurs prior to or within two (2) hours after check-in, Decolar will make its best efforts to communicate with the Property so that neither Expedia nor any of its Affiliates shall be obligated to pay any cancellation fee or penalty. If the cancellation of a fraudulent or potentially fraudulent Standalone Booking or Package Booking occurs after such two (2) hour period following check-in, Decolar will make its best efforts to communicate with the Property so that the maximum penalty that may be charged to Expedia will be the relevant EC Remittance for the room, up to and including the date the Standalone Booking or Package Booking was cancelled, plus any applicable Taxes. The Supplier agrees that it will make its best efforts to recover any costs, expenses or fees incurred by Expedia as a result of the lack of fraud cooperation by a Property. The Supplier shall be solely responsible for any costs, expenses or fees incurred by Expedia, a guest or a third party associated or related to any failure to comply with its obligations set out in this [Section E.5.b], including but not limited to chargeback amounts, interchange fees or merchant processing costs, penalties, fines, and fees (collectively “Refund Fees”). Expedia shall provide the Supplier with a statement from time to time of the Refund Fees incurred by Expedia which amount shall either, as determined by Expedia in its sole discretion: # be offset by Expedia against any amounts due to the Supplier; or # paid by the Supplier within thirty (30) days of the date of Expedia’s request.

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.

However, such monitoring must begin no later than one year after you or a family member first report an identity fraud occurrence to us.

“Fraud” means actual common-law fraud.

•monitor for up to one year the effectiveness of the fraud mitigation and to detect additional identity fraud activity after the first identify fraud occurrence.

Limitations on Liability. No member of the Board and no officer or employee of the Company shall be liable to any person for any action taken or omitted in connection with the administration of the Plan unless attributable to his own fraud or willful misconduct, and the Company shall not be liable to any person for any such action unless attributable to fraud or willful misconduct on the part of a Director, officer or employee of the Company.

“Fraud” means common law fraud, including the element of scienter, or an intentional misrepresentation with respect to the representations and warranties contained in this Agreement or an Ancillary Agreement. For avoidance of doubt, “Fraud” shall not include any type of constructive or equitable fraud.

Employee is convicted, pleads guilty to, or pleads no contest to a felony crime or any crime involving dishonesty, fraud or violence in any state or federal court within the United States; or

“Fraud” shall mean intentional fraud in the making of a representation or warranty contained in Article II or Article III and requires that: (a) the party to be charged with such fraud made a false representation of material fact in Article II or Article III (including any “bringdown” or other confirmation with respect to any such representation or warranty); (b) such party had actual knowledge that such representation was false when made and acted with scienter; (c) the false representation caused the party to whom it was made, in reasonable reliance upon such false representation and with ignorance as to the falsity of such representation, to take or refrain from taking action; and (d) the party to whom the false representation was made suffered any Loss by reason of such reliance. “Fraud” expressly excludes any other claim of fraud that does not include the elements set forth in this definition, including equitable fraud, promissory fraud, unfair dealings fraud, negligent or reckless misrepresentation or any similar theory.