Administrative Responsibilities. Xxxxxxx Mac shall hold and administer, or supervise the administration of, the Pass-Through Pools in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as it holds and administers other pools of the same or similar type held for its own account. In performing its responsibilities hereunder, Xxxxxxx Mac may employ agents or independent contractors. Except as provided in Articles V and VI and Section 7.05 of this Agreement, 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 3.05, Xxxxxxx Mac shall have no liability to any Holder other than for any direct damage resulting from Xxxxxxx Mac's failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own aÅairs. Xxxxxxx Mac shall have no liability of whatever nature for consequential damages.
Appears in 3 contracts
Samples: Certificates Agreement, Through Certificates Agreement, Through Certificates Agreement
Administrative Responsibilities. Xxxxxxx Mac shall hold and administer, or supervise the administration of, the Pass-Through 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 it holds and administers other pools assets of the same or similar type held for its own account. In performing its responsibilities hereunder, Xxxxxxx Mac may employ agents or independent contractors. Except as provided in Articles V and VI and Section 7.05 VII of this Agreement, 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 3.054.06 or pursuant to its indemnities under Sections 2.05 and 8.01, Xxxxxxx Mac shall have no liability to any Holder other than for any direct damage resulting from Xxxxxxx Mac's failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own aÅairsaffairs. Xxxxxxx Mac shall have no liability of whatever any nature for consequential damages.
Appears in 3 contracts
Samples: Multiclass Certificates Agreement, Multiclass Certificates Agreement, Multiclass Certificates Agreement
Administrative Responsibilities. Xxxxxxx Mac shall hold and administer, or supervise the administration of, the Pass-Through Pools in a manner consistent with and to the extent required by standards of prudence and in substantially the same manner as it holds and administers other pools of the same or similar type held for its own account. In performing its responsibilities hereunder, Xxxxxxx Mac may employ agents or independent contractors. Except as provided in Articles V and VI and Section 7.05 of this Agreement, 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 3.05, Xxxxxxx Mac shall have no liability to any Holder other than for any direct damage resulting from Xxxxxxx Mac's failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own aÅairsaffairs. Xxxxxxx Mac shall have no liability of whatever nature for consequential damages.
Appears in 3 contracts
Samples: Through Certificates Agreement, Through Certificates Agreement, Certificates Agreement
Administrative Responsibilities. Xxxxxxx Mac shall hold and administer, or supervise the administration of, the Pass-Through 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 it holds and administers other pools assets of the same or similar type held for its own account. In performing its responsibilities hereunder, Xxxxxxx Mac may employ agents or independent contractors. Except as provided in Articles V and VI and Section 7.05 VII of this Agreement, 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 3.054.06 or pursuant to its indemnities under Sections 2.05 and 8.01, Xxxxxxx Mac shall have no liability to any Holder other than for any direct damage resulting from Xxxxxxx Mac's failure to exercise that degree of ordinary care which it exercises in the conduct and management of its own aÅairs. Xxxxxxx Mac shall have no liability of whatever any nature for consequential damages.
Appears in 2 contracts
Samples: Multiclass Certificates Agreement, Multiclass Certificates Agreement