Administrative Responsibilities. With respect to each Trust Fund, the Administrator (on behalf of the Trustee) shall hold and administer, or supervise the administration of, the REMIC Pools and MACR Pools in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as the Administrator holds and administers assets of the same or similar type held for its own account. In performing its responsibilities hereunder, the Administrator may employ independent contractors or agents. Except as provided in Articles VI, VII and VIII and Sections 9.05 and 9.06 of this Agreement, the Administrator shall not be subject to the control of Holders in any manner whatsoever in the discharge of its responsibilities pursuant to this Agreement. Except with regard to its indemnities under Sections 2.05 and 9.01, the Administrator shall have no liability to any Holder other than for any direct damage resulting from the Administrator’s failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own affairs. In no event shall the Administrator have any liability of any nature for consequential damages. Nothing in this Section shall relieve Xxxxxxx Mac, in its capacity as Guarantor, of its guarantee obligation pursuant to Section 4.06.
Appears in 5 contracts
Samples: Multiclass Certificates Master Trust Agreement, Multiclass Certificates Master Trust Agreement, Multiclass Certificates Master Trust Agreement
Administrative Responsibilities. With respect to each Trust FundPass-Through Pool, the Administrator (on behalf of the Trustee) shall hold hold, and administer, or supervise the administration of, the REMIC Pools and MACR Pools related Assets in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as the Administrator holds and administers other assets of the same or similar type held for its own account. In performing its responsibilities hereunder, the Administrator may employ independent contractors or agents. Except as provided in Articles VIV, VI and VII and VIII Sections 8.05 and Sections 9.05 and 9.06 8.06 of this Agreement, the Administrator shall not be subject to the control of Holders in any manner whatsoever in the discharge of its responsibilities pursuant to this Agreement. Except with regard to its indemnities under Sections 2.05 and 9.01, the The Administrator shall have no liability to any Holder other than for any direct damage resulting from the Administrator’s failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own affairs. In no event shall the Administrator have any liability of any whatever nature for consequential damages. Nothing in this Section shall relieve Xxxxxxx Mac, in its capacity as Guarantor, of its guarantee obligation pursuant to Section 4.063.05.
Appears in 3 contracts
Samples: Master Trust Agreement, Pass Through Certificates Master Trust Agreement, Pass Through Certificates Master Trust Agreement
Administrative Responsibilities. With respect to each Trust Fund, the Administrator (on behalf of the Trustee) Xxxxxxx Mac shall hold and administer, or supervise the administration of, the REMIC Pools and MACR Pools in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as the Administrator it holds and administers assets of the same or similar type held for its own account. In performing its responsibilities hereunder, the Administrator Xxxxxxx Mac may employ agents or independent contractors or agentscontractors. Except as provided in Articles VI, VI and VII and VIII and Sections 9.05 and 9.06 of this Agreement, the Administrator Xxxxxxx Mac shall not be subject to the control of Holders in any manner whatsoever in the discharge of its responsibilities pursuant to this Agreement. Except with regard to its guarantee obligation pursuant to Section 4.06 or pursuant to its indemnities under Sections 2.05 and 9.018.01, the Administrator Xxxxxxx Mac shall have no liability to any Holder other than for any direct damage resulting from the Administrator’s Xxxxxxx Mac's failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own affairs. In Xxxxxxx Mac shall have no event shall the Administrator have any liability of any nature for consequential damages. Nothing in this Section shall relieve Xxxxxxx Mac, in its capacity as Guarantor, of its guarantee obligation pursuant to Section 4.06.
Appears in 2 contracts
Samples: Multiclass Certificates Agreement, Multiclass Certificates Agreement
Administrative Responsibilities. With respect to each Trust Fund, the Administrator (on behalf of the Trustee) shall hold and administer, or supervise the administration of, the REMIC Pools and MACR Pools in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as the Administrator holds and administers assets of the same or similar type held for its own account. In performing its responsibilities hereunder, the Administrator may employ independent contractors or agents. Except as provided in Articles VI, VII and VIII and Sections 9.05 and 9.06 of this Agreement, the Administrator shall not be subject to the control of Holders in any manner whatsoever in the discharge of its responsibilities pursuant to this Agreement. Except with regard to its indemnities under Sections 2.05 and 9.01, the Administrator shall have no liability to any Holder other than for any direct damage resulting from the Administrator’s failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own affairs. In no event shall the Administrator have any liability of any nature for consequential damages. Nothing in this Section shall relieve Xxxxxxx Mac, in its capacity as Guarantor, of its guarantee obligation pursuant to Section 4.06.consequential
Appears in 2 contracts
Samples: Multiclass Certificates Master Trust Agreement, Multiclass Certificates Master Trust Agreement
Administrative Responsibilities. With respect to each Trust FundPass-Through Pool, the Administrator (on behalf of the Trustee) shall hold hold, and administer, or supervise the administration of, the REMIC Pools and MACR Pools related Assets in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as the Administrator holds and administers other assets of the same or similar type held for its own account. In performing its responsibilities hereunder, the Administrator may employ independent contractors or agents. Except as provided in Articles VIV, VI and VII and VIII Sections 8.05 and Sections 9.05 and 9.06 8.06 of this Agreement, the Administrator shall not be subject to the control of Holders in any manner whatsoever in the discharge of its responsibilities pursuant to this Agreement. Except with regard to its indemnities under Sections 2.05 and 9.01, the The Administrator shall have no liability to any Holder other than for any direct damage resulting from the Administrator’s failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own affairs. In no event shall the Administrator have any liability of any whatever nature for consequential damages. Nothing in this Section shall relieve Xxxxxxx Freddie Mac, in its capacity as Guarantor, of its guarantee obligation pursuant to Section 4.063.05.
Appears in 2 contracts
Samples: Pass Through Certificates Master Trust Agreement, Pass Through Certificates Master Trust Agreement
Administrative Responsibilities. With respect to each Trust Fund, the Administrator (on behalf of the Trustee) shall hold and administer, or supervise the administration of, the REMIC Pools and MACR Pools in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as the Administrator holds and administers assets of the same or similar type held for its own account. In performing its responsibilities hereunder, the Administrator may employ independent contractors or agents. Except as provided in Articles VI, VII and VIII and Sections 9.05 and 9.06 of this Agreement, the Administrator shall not be subject to the control of Holders in any manner whatsoever in the discharge of its responsibilities pursuant to this Agreement. Except with regard to its indemnities under Sections 2.05 and 9.01, the Administrator shall have no liability to any Holder other than for any direct damage resulting from the Administrator’s failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own affairs. In no event shall the Administrator have any liability of any nature for consequential damages. Nothing in this Section shall relieve Xxxxxxx Freddie Mac, in its capacity as Guarantor, of its guarantee obligation pursuant to Section 4.06.
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Administrative Responsibilities. With respect to each Trust FundAsset Pool, the Administrator (on behalf of the Trustee) shall hold hold, and administer, or supervise the administration of, the REMIC Pools and MACR Pools related Assets in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as the Administrator holds and administers other assets of the same or similar type held for its own account. In performing its responsibilities hereunder, the Administrator may employ independent contractors or agents. Except as provided in Articles VI, VII V and VIII VI and Sections 9.05 7.05 and 9.06 of this Agreement7.06, the Administrator shall not be subject to the control of Holders in any manner whatsoever in the discharge of its responsibilities pursuant to this Agreement. Except with regard to its indemnities under Sections 2.05 and 9.01, the The Administrator shall have no liability to any Holder other than for any direct damage resulting from the Administrator’s failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own affairs. In no event shall the Administrator have any liability of any whatever nature for consequential damages. Nothing in this Section shall relieve Xxxxxxx Mac, in its capacity as Guarantor, of its guarantee obligation pursuant to Section 4.063.05.
Appears in 1 contract
Samples: Master Trust Agreement
Administrative Responsibilities. With respect to each Trust FundMirror Pass-Through Pool, the Administrator (on behalf of the Trustee) shall hold hold, and administer, or supervise the administration of, the REMIC Pools and MACR Pools related Eligible Security in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as the Administrator holds and administers other assets of the same or similar type held for its own account. In performing its responsibilities hereunder, the Administrator may employ independent contractors or agents. Except as provided in Articles VIV, VI and VII and VIII Sections 8.05 and Sections 9.05 and 9.06 8.06 of this Agreement, the Administrator shall not be subject to the control of Holders in any manner whatsoever in the discharge of its responsibilities pursuant to this Agreement. Except with regard to its indemnities under Sections 2.05 and 9.01, the The Administrator shall have no liability to any Holder other than for any direct damage resulting from the Administrator’s failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own affairs. In no event shall the Administrator have any liability of any whatever nature for consequential damages. Nothing in this Section shall relieve Xxxxxxx Mac, in its capacity as Guarantor, of its guarantee obligation pursuant to Section 4.063.05.
Appears in 1 contract
Administrative Responsibilities. With respect to each Trust Fund, the Administrator (on behalf of the Trustee) shall hold and administer, or supervise the administration of, the REMIC Pools and MACR Pools in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as the Administrator holds and administers assets of the same or similar type held for its own account. In performing its responsibilities hereunder, the Administrator may employ independent contractors or agents. Except as provided in Articles VI, VII and VIII and Sections 9.05 and 9.06 of this Agreement, the Administrator shall not be subject to the control of Holders in any manner whatsoever in the discharge of its responsibilities pursuant to this Agreement. Except with regard to its indemnities under Sections 2.05 and 9.01, the Administrator shall have no liability to any Holder other than for any direct damage resulting from the Administrator’s failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own affairs. In no event shall the Administrator have any liability of any nature for consequential damages. Nothing in this Section shall relieve Xxxxxxx Mac, in its capacity as Guarantor, of its guarantee obligation pursuant to Section 4.06.
Appears in 1 contract
Samples: Master Trust Agreement