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Silicon Valley Bank and Financial Engines Inc. Plaintiff, however, the proximate cause of her injury was her reliance on a false or incorrect representation from Defendant Homeward that the foreclosure sale, although legally permitted to go forward, would not be held pending her application to modify her loan.

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LIBOR Rate for such LIBOR Rate Loan by a matching deposit or other borrowing in the interbank eurodollar market for a comparable amount and for a comparable period, whether or not such LIBOR Rate Loan is in fact so funded. Plaintiff alleges Defendants breached its duty when it affirmatively, but inaccurately, represented that the foreclosure sale would not go forward.

Affiliates of the Borrower, in such amounts, with such deductibles and covering such risks as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where the Borrower or such Subsidiary operates.

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The borrower shall then be converted by Servicer to a permanent modification upon execution of the final modification documents, consistent with applicable program guidelines, absent evidence of fraud.

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The Board of Directors may provide, in proper cases on a specified occasion and for a specified transaction or transactions, for the use of a printed or engraved facsimile seal of the Company.

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Defendants have moved to dismiss this count on the grounds that it does not identify or allege any conduct that would constitute a violation of the DCCPPA.

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Nor does Respondent consent to the use of the Offer or this Order, or the findings or conclusions in this Order consented to in the Offer, by any other party in any other proceeding.

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Subject to Section I, below, in the event that a dispute cannot be resolved, Servicer, the Monitor, or the Monitoring Committee may petition the Court for resolution of the dispute.

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