Acknowledgement of Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association acting in the multiple capacities of Backup Servicer and Trustee. The parties agree that Xxxxx Fargo Bank, National Association in such multiple capacities shall not be subject to any claim, defense or liability arising from its performance in any such capacity based on conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of any other such capacity or capacities in accordance with this Agreement or any other Basic Documents to which it is a party.
Acknowledgement of Roles. 2.1 The partieshereby acknowledge the following:
2.1.1 the Client shall be a controller in respect of Client Personal Data;
2.1.2 Really B2B shall be a processor of Client Personal Data in respect of providing the Services;
2.1.3 Really B2B shall, without prejudice to Paragraph 2.1.1, be a controller in re spect of Clie nt Personal Data provided to it by the Client by virtue of the further processing carried out b y Really B 2B, including enriching and enhancing the Client Personal Data;
2.1.4 Really B2B shall be a controller in respect of Really B2B Personal Data; and
2.1.5 the Client shall be a controller in respect of any Really B2B Personal Data provi ded to it b y Really B2B by virtue of the indication of interest in the Client's goods and services by the individuals to which such Really B2B Personal Data relates.
2.2 The parties acknowledge that, upon the completion of the Services, each party shall be entitled to re tain and process any Client Personal Data and Really B2B Personal Data of which it is a controller.
2.3 The parties shall not be joint controllers (as described in Article 26 of the GDPR) in re spect of e ither Client Personal Data or Really B2B Personal Data.
Acknowledgement of Roles. The parties acknowledge Customer is the controller and Prosperoware is the processor with respect to Personal Data.
Acknowledgement of Roles. 66 SECTION 11.19. Termination...............................................................66 TABLE OF CONTENTS (CONTINUED) SCHEDULES --------- Schedule A - Schedule of Receivables Schedule B - Location for Delivery of Receivable Files EXHIBITS -------- Exhibit A - Form of Servicer's Certificate Exhibit B - Form of Trust Receipt Exhibit C - Form of Servicing Officer's Certificate Exhibit D - Form of Monthly Servicer's Statement Exhibit E - Form of Independent Accountant's Report Exhibit F - Form of Assignment Exhibit G - Form of Addition Notice SALE AND SERVICING AGREEMENT (this "AGREEMENT") dated as of March 7, 2002, among CPS WAREHOUSE TRUST, a Delaware business trust (the "PURCHASER"), CONSUMER PORTFOLIO SERVICES, INC., a California corporation (in its capacities as Seller, the "SELLER" and as Servicer, the "SERVICER," respectively), SYSTEMS & SERVICES TECHNOLOGIES, INC., a Delaware corporation ("SST"), as Backup Servicer, and BANK ONE TRUST COMPANY, N.A., a national banking association, (in its capacities as Standby Servicer, the "STANDBY SERVICER" and as Trustee, the "TRUSTEE," respectively).
Acknowledgement of Roles. 45 SECTION 11.19. TERMINATION....................................................................................46 SECTION 11.20.
Acknowledgement of Roles. The parties expressly acknowledge and consent to Bank One Trust Company, N.A. acting in the multiple capacities of Standby Servicer and Trustee. The parties agree that Bank One Trust Company, N.A. in such multiple capacities shall not be subject to any claim, defense or liability arising from its performance in any such capacity based on conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Bank One Trust Company, N.A. of any other such capacity or capacities in accordance with this Agreement or any other Basic Documents to which it is a party.
Acknowledgement of Roles. The parties expressly acknowledge and consent to Wells Fargo Bank, National Association acting in the multiple capacities ox Xxxkup Servicer and Trustee. The parties agree that Wells Fargo Bank, National Association in such multiple capacities shall nxx xx subject to any claim, defense or liability arising from its performance in any such capacity based on conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Wells Fargo Bank, National Association of any other such capacity or capacxxxxx in accordance with this Agreement or any other Basic Documents to which it is a party.
Acknowledgement of Roles. The parties expressly acknowledge and consent to Bank One acting in the possible multiple capacities of Standby Servicer, Collateral Agent and as Trustee. Bank One may, in each such capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Bank One of express duties set forth in this Agreement in any such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) bad faith or willful misconduct by Bank One.
Acknowledgement of Roles. The parties hereby acknowledge that the Company is the Processor and the Business Introducer is the Sub-processor in respect of the End Client Data processed pursuant to the Agreement The Company processes personal data in accordance with the written instructions of the Controller which is Key Way Markets Ltd of which the registered office is Office 15-103, 15- 132, floor 15, Al Khatem Tower, Adgm Square, Al Xxxxxx Xxxxxx, Xxx Xxxxx, Xxxxxx Xxxx Xxxxxxxx, under license No. 190005 and JME Financial Services (Pty) Ltd of which the registered address is Xxxxx 00, 00 Xxxxxxxxxx Xx 201 Beacon Rock, Umhlanga Rocks, Kwa- Zulu Natal, 4320, South Africa, under license No. 37166. The Company is fully liable to the Controller for the performance of the sub-processors’ obligations as these derive from Personal Data Legislation.
Acknowledgement of Roles. The parties acknowledge Jitterbit is the processor and service provider with respect to Personal Data.
