REMEDIES UPON OCCURRENCE OF EVENT OF DEFAULT
9.1 If at any time an Event of Default with respect to a Defaulting Party has occurred and is then continuing, and (i) with respect to the Share Seller/Repurchaser if such event is an Event of Default specified in Section 8 hereof, then the Non-Defaulting Party shall have the right to immediately terminate this Agreement by giving written notice thereof to the Defaulting Party.
9.2 Event of default – Non-Recourse.EFH agrees, for itself, its representatives, successors and assigns that: (i) EFH shall not enforce the right and obligation of Seller/Repurchaser to perform and observe the obligations contained in the Agreement by any action or proceeding wherein a money judgment shall be sought against Seller/Repurchaser, or any representative, successor, assign or affiliate of the Borrower, and the Seller shall have no personal liability for the obligations; and (ii) EFH, and any such representative, successor or assignee, shall look only to the Shares identified in the Agreement for payment of the obligations and will not make any claim or institute any action or proceeding against the Seller/Repurchaser, or any representatives, successors, assigns or affiliate of the seller/Repurchaser, for any deficiency remaining after collection upon the Shares, except as provided below.
Provided, however, notwithstanding the foregoing, Seller is and will remain personally liable for deficiency remaining after collection of the Shares to the extent of any loss any remaining suffered EFH, its representatives, successor endorsees or assigns, is caused by Seller by or based in whole or in damages arising from any fraud, misrepresentations or the breach pan upon of any representation or warranty in this Agreement.