Common use of Additional Indemnification by the Seller and the Servicer Clause in Contracts

Additional Indemnification by the Seller and the Servicer. In addition to the indemnification provided in Subsection 7.03, the Seller or the Servicer, as applicable, shall indemnify the Initial Purchaser and any subsequent Purchaser and hold them harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Initial Purchaser and any subsequent Purchaser may sustain that arise out of or are based upon the failure of the Seller or the Servicer, as applicable, to perform its obligations under this Agreement including but not limited to the Servicer’s obligation to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution Agreement entered into pursuant to Section 12.

Additional Indemnification by the Seller and the Servicer. In addition to the indemnification provided in Subsection 7.03, the Seller or and the Servicer, as applicable, Servicer shall indemnify the Initial Purchaser and any subsequent Purchaser and hold them harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Initial Purchaser and any subsequent Purchaser may sustain that arise out of or are based upon in any way related to the failure of the Seller or the Servicer, as applicable, Servicer to perform its obligations under this Agreement including but not limited to the Servicer’s its obligation to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution Agreement entered into pursuant to Section 12.