Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time appoint a successor Sub-Servicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicer; provided further that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the Sub-Servicer shall be as agreed between the Servicer and its Sub-Servicer from time-to-time and none of the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder or the Noteholders shall have any responsibility therefor. If at any time the Sub-Servicer shall fail to comply with any of its obligations under Section 4.16 of this Agreement during the period that the Seller is required to file Exchange Act Reports with respect to the Trust and such failure is not remedied within the lesser of ten calendar days and the period of time in which the related Exchange Act Report is required to be filed (without taking into account any extensions), then the Seller may remove the Sub-Servicer.
Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time appoint a successor Sub-Servicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicer; provided further that the Servicer shall remain obligated and be liable to the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the Sub-Servicer shall be as agreed between the Servicer and its Sub-Servicer from time to time and none of the Issuer, the Owner Trustee, the Indenture Trustee, the Certificateholder or the Noteholders shall have any responsibility therefor.
Appointment of Sub-Servicer. The Servicer may at any time appoint a sub-servicer to perform all or any portion of its obligations as Servicer hereunder; provided however, that the Servicer shall remain obligated and be liable to the Trustee and the Certificateholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such sub-servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables. The fees and expenses of the sub-servicer shall be as agreed between the Servicer and its sub-servicer from time to time and neither the Trust, the Trustee nor the Certificateholders shall have any responsibility therefor.
Appointment of Sub-Servicer. The Servicer may at any time appoint a Sub-servicer to perform any of the duties or obligations of the Servicer hereunder; provided, however, that such appointment shall not relieve the Servicer of its responsibility with respect to such duties and obligations. All Sub-servicing arrangements will be upon such terms and conditions as are not inconsistent with this Agreement. The fees and expenses of the Sub-servicer shall be as agreed between the Servicer and its Sub-servicer from time to time and FIACC shall have no responsibility therefor.
Appointment of Sub-Servicer. Servicer hereby revocably appoints Sub-Servicer as its agent to sub-service the Serviced Receivables (such Serviced Receivables may be referred to collectively as the “Sub-Serviced Assets”). Sub-Servicer hereby accepts such appointment and agrees to perform the duties and obligations set forth herein on the terms and subject to the conditions set forth herein. Sub-Servicer may not delegate, assign or transfer any of its duties or obligations hereunder, without the express prior written consent of Servicer (which Servicer may withhold in its sole and absolute discretion).
Appointment of Sub-Servicer. The German Servicer may not without the prior written consent of the Purchaser, such consent not to be unreasonably withheld, appoint any person as its sub-agent, sub-contractor or representative to carry out all or any material part of the services to be provided by it under this Agreement.
Appointment of Sub-Servicer. The Servicer hereby appoints Deere Credit Services, Inc. as Sub-Servicer and may at any time appoint a successor Sub-Servicer to perform all or any portion of its obligations as Servicer hereunder; provided, however, that the Rating Agency Condition shall have been satisfied in connection with the appointment of a successor Sub-Servicer; provided further that the Servicer shall remain obligated and be liable to the Issuing Entity, the Owner Trustee, the Indenture Trustee, the Certificateholder and the Noteholders for the servicing and administering of the Receivables in accordance with the provisions hereof without diminution of such obligation and liability by virtue of the appointment of such Sub-Servicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Receivables.
Appointment of Sub-Servicer. Master Servicer hereby appoints Sub- --------------------------- Servicer to perform Master Servicer's servicing obligations under the Pooling Agreement with respect to the Mortgage Loans, which appointment Sub-Servicer hereby accepts. Sub-Servicer agrees to perform in accordance with the servicing standards set forth in the Pooling Agreement and to perform all of the duties of Master Servicer under the Pooling Agreement with respect to the Mortgage Loans and to be bound by all of the obligations of the Master Servicer thereunder except that the Sub-Servicer does not (i) assume any responsibility to indemnify nor make any of the Seller's representations and warranties under the Mortgage Loan Purchase Agreement or the Depositor's or the Seller's or the Master Servicer's representations and warranties under including, without limitation, (a) the Pooling Agreement, (b) the Insurance Agreement, and the Indemnification Agreement dated as of February 27, 1997 by and among the Certificate Insurer, the Depositor and the Master Servicer and (c) the Certificate Insurance Policy, (ii) assume any obligation to pay a termination fee to any Sub-Servicer pursuant to the Pooling Agreement, (iii) assume any obligations to purchase Mortgage Loans pursuant to any agreement including, without limitation, Sections 2.03 and 3.16 (c) of the Pooling Agreement or under the Mortgage Loan Purchase Agreement nor assume any obligation to record the Mortgage Loans or (iv) assume the obligations of the Master Servicer set forth in Section 8.05 and Article XI of the Pooling Agreement.
Appointment of Sub-Servicer. (a) New Century hereby appoints Comerica, as its agent, to perform certain of New Century's servicing obligations under the Pooling Agreements and Servicing Agreements with respect to the mortgage loans (individually, a "Mortgage Loan" and collectively, the "Mortgage Loans") identified by New Century. Comerica accepts such appointment and agrees to perform the servicing duties identified in the list of servicing duties attached hereto as Addendum "B" (the "Servicing Duties"). The Servicing Duties may be updated or supplemented from time to time by New Century and Comerica only by a writing signed by both parties. The Servicing Duties shall be performed by Comerica with the same care and according to the same standards Comerica uses in servicing its own mortgage loans.
(b) The Servicing Duties to be performed by Comerica generally include functions related to cashiering, customer service, taxes, insurance and investor reporting. Comerica shall not be responsible for functions related to bankruptcies, default management (including collections) or other non- delinquency work-out management, foreclosure and management of real estate acquired through foreclosure or deed in lieu of foreclosure ("REO"), which servicing functions shall continue to be the obligation of the New Century. Comerica's subservicing duties under this Agreement shall be limited to the Servicing Duties and Comerica shall have no duty or obligation to determine any servicer or sub-servicer duties set forth in the Pooling Agreements or Servicing Agreements, and shall not be bound by the representations, warranties and obligations of New Century thereunder with respect to such duties.
(c) Comerica shall be New Century's exclusive agent with respect to sub- servicing of the Mortgage Loans, except that:
(i) New Century shall not be required to terminate sub-servicing arrangements it has respecting mortgage loans existing on the date of this Agreement;
(ii) New Century shall not be required to use Comerica for sub- servicing Mortgage Loans covered by a Pooling Agreement or Servicing Agreement if, under the terms of such Pooling Agreement or Servicing Agreement, Comerica is not approved to provide such services; and
(iii) Comerica shall not be required to sub-service Mortgage Loan which are of a type which cannot be processed on its then current servicing system unless New Century and Comerica mutually agree to the modification of Comerica's servicing system to accommodate such loans.
Appointment of Sub-Servicer. Seller shall agree to the appointment of any subservicer under a related Servicing Agreement upon written direction from Buyer, on commercially reasonable terms. aa. [reserved].
