Consequences of Breach. Without prejudice to Clauses 7 and 8, each of the parties to this Agreement acknowledges and agrees that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or the service of a Note Acceleration Notice on the Issuer shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 4 contracts
Samples: Mortgage Sale Agreement, Mortgage Sale Agreement, Mortgage Sale Agreement
Consequences of Breach. Without prejudice to Clauses 7 and 8, each of Funding 1, the parties Mortgages Trustee and the Security Trustee severally acknowledge to this Agreement and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious or delictualtortious, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding Companies and/or 1 Security constituted by the Funding Security Trustees 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees 1 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or enforcement of the service Funding 1 Security contributed by the Funding 1 Deed of a Note Acceleration Notice on the Issuer Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 4 contracts
Samples: Mortgage Sale Agreement (Permanent Mortgages Trustee LTD), Mortgage Sale Agreement (Permanent Mortgages Trustee LTD), Mortgage Sale Agreement (Permanent Mortgages Trustee LTD)
Consequences of Breach. Without prejudice to Clauses 7 and Clause 8, each of Funding and the parties Mortgages Trustee and the Security Trustee severally acknowledge to this Agreement and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious contractual, tortious, or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding or the assets comprised in the security constituted by the Funding Companies and/or the Funding Security Trustees Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees as a result of or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also having been or given rise to an Intercompany Loan Event of Default or enforcement of the service security constituted by the Funding Deed of a Note Acceleration Notice on the Issuer Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omissiondamage.
Appears in 3 contracts
Samples: Mortgage Sale Agreement (HOLMES FINANCING (No. 9) PLC), Mortgage Sale Agreement (Holmes Financing No 8 PLC), Mortgage Sale Agreement (Holmes Financing No 7 PLC)
Consequences of Breach. Without prejudice to Clauses 7 (Undertakings) and 8, each of 8 (Warranties and Repurchase by the parties Seller),
(a) the Issuer and the Security Trustee severally acknowledge to this Agreement and agree with the Seller; and
(b) the Security Trustee acknowledges to and agrees with the Issuer, that the Seller shall not have no any liability or responsibility (whether, in either case, contractual or tortious or delictualtortious, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees Issuer by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees Issuer or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or enforcement of the service Security created by the Deed of a Note Acceleration Notice on the Issuer Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT damage, provided that this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 3 contracts
Samples: Mortgage Sale Agreement, Mortgage Sale Agreement, Mortgage Sale Agreement
Consequences of Breach. Without prejudice to Clauses 7 Clause 8 (Warranties and 8Repurchase by the Seller), the Mortgages Trustee, each of the parties Funding Beneficiary and each Funding Security Trustee severally acknowledges to this Agreement acknowledges and agrees with the Seller, and each Funding Security Trustee severally acknowledges to and agrees with each Funding Beneficiary and the Mortgages Trustee (and with each other Funding Security Trustee), that the Seller shall have no liability or responsibility (whether, in either case, contractual or contractual, tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by by:
(a) the Mortgages Trustee and/or Trustee; and/or
(b) Funding or the Funding Companies and/or assets comprised in the Funding Security Trustees constituted by the Funding Deed of Charge; and/or
(c) Funding 2 or the assets comprised in the Funding 2 Security constituted by the Funding 2 Deed of Charge, by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the any Funding Companies and/or the Funding Security Trustees as a result of Beneficiary or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also having been or given rise to an Intercompany Loan Event of Default or enforcement of the service security constituted by the Funding Deed of a Note Acceleration Notice on Charge or enforcement of the Issuer security constituted by the Funding 2 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omissiondamage.
Appears in 3 contracts
Samples: Mortgage Sale Agreement (Granite Finance Funding 2 LTD), Mortgage Sale Agreement (Granite Finance Trustees LTD), Mortgage Sale Agreement (Granite Finance Trustees LTD)
Consequences of Breach. Without prejudice to Clauses 7 and Clause 8, each of Funding, the parties Mortgages Trustee and the Security Trustee severally acknowledge to this Agreement and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious contractual, tortious, or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding or the assets comprised in the security constituted by the Funding Companies and/or the Funding Security Trustees Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees as a result of or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also having been or given rise to an Intercompany Loan Event of Default or enforcement of the service security constituted by the Funding Deed of a Note Acceleration Notice on the Issuer Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omissiondamage.
Appears in 3 contracts
Samples: Mortgage Sale Agreement (Holmes Funding LTD), Mortgage Sale Agreement (HOLMES FINANCING (No. 9) PLC), Mortgage Sale Agreement (Holmes Funding LTD)
Consequences of Breach. Without prejudice to Clauses 7 and 8, Funding 1, Funding 2, the Mortgages Trustee, the Funding 1 Security Trustee and the Funding 2 Security Trustee severally acknowledge to and agree with the Seller, and each of the parties Funding 1 Security Trustee and the Funding 2 Security Trustee acknowledges to this Agreement acknowledges and agrees with Funding 1, Funding 2 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or contractual, tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 and/or Funding 2 and/or the assets comprised in the Funding Companies 1 Security constituted by the Funding 1 Deed of Charge and/or the Funding 2 Security Trustees constituted by the Funding 2 Deed of Charge respectively by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies 1 and/or the Funding Security Trustees 2 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default and/or a Master Intercompany Loan Event of Default or enforcement of the service Funding 1 Security constituted by the Funding 1 Deed of a Note Acceleration Notice on Charge and/or the Issuer Funding 2 Security constituted by the Funding 2 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 2 contracts
Samples: Mortgage Sale Agreement (Permanent Funding (No. 2) LTD), Mortgage Sale Agreement (Permanent Funding (No. 2) LTD)
Consequences of Breach. Without prejudice to Clauses CLAUSES 7 and 8, each of Funding 1, the parties Mortgages Trustee and the Security Trustee severally acknowledge to this Agreement and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or contractual, tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding Companies and/or 1 Security constituted by the Funding Security Trustees 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees 1 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or enforcement of the service Funding 1 Security contributed by the Funding 1 Deed of a Note Acceleration Notice on the Issuer Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 2 contracts
Samples: Mortgage Sale Agreement (Permanent Mortgages Trustee LTD), Mortgage Sale Agreement (Permanent Mortgages Trustee LTD)
Consequences of Breach. Without prejudice to Clauses CLAUSES 7 and 8, Funding 1, Funding 2, the Mortgages Trustee, the Funding 1 Security Trustee and the Funding 2 Security Trustee severally acknowledge to and agree with the Seller, and each of the parties Funding 1 Security Trustee and the Funding 2 Security Trustee acknowledges to this Agreement acknowledges and agrees with Funding 1, Funding 2 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or contractual, tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 and/or Funding 2 and/or the assets comprised in the Funding Companies 1 Security constituted by the Funding 1 Deed of Charge and/or the Funding 2 Security Trustees constituted by the Funding 2 Deed of Charge respectively by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies 1 and/or the Funding Security Trustees 2 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default and/or a Master Intercompany Loan Event of Default or enforcement of the service Funding 1 Security constituted by the Funding 1 Deed of a Note Acceleration Notice on Charge and/or the Issuer Funding 2 Security constituted by the Funding 2 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 1 contract
Samples: Mortgage Sale Agreement (Permanent Funding (No. 2) LTD)
Consequences of Breach. Without prejudice to Clauses CLAUSES 7 and 8, Funding 1, Funding 2, the Mortgages Trustee, the Funding 1 Security Trustee and the Funding 2 Security Trustee severally acknowledge to and agree with the Seller, and each of the parties Funding 1 Security Trustee and the Funding 2 Security Trustee acknowledges to this Agreement acknowledges and agrees with Funding 1, Funding 2 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or contractual, tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 and/or Funding 2 or the assets comprised in the Funding Companies and/or 1 Security constituted by the Funding 1 Deed of Charge and the Funding 2 Security Trustees constituted by the Funding 2 Deed of Charge respectively by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies 1 and/or the Funding Security Trustees 2 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default and/or a Master Intercompany Loan Event of Default or enforcement of the service Funding 1 Security constituted by the Funding 1 Deed of a Note Acceleration Notice on Charge and/or the Issuer Funding 2 Security constituted by the Funding 2 Deed of Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 1 contract
Samples: Mortgage Sale Agreement (Permanent Funding (No. 2) LTD)
Consequences of Breach. Without prejudice to Clauses 7 and 8, each of Funding 1, the parties Mortgages Trustee and the Security Trustee severally acknowledge to this Agreement and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or contractual, tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding Companies and/or 1 Security constituted by the Funding Security Trustees 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees 1 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or enforcement of the service Funding 1 Security contributed by the Funding 1 Deed of a Note Acceleration Notice on the Issuer Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 1 contract
Samples: Mortgage Sale Agreement (Permanent Mortgages Trustee LTD)
Consequences of Breach. Without prejudice to Clauses CLAUSES 7 and 8, each of Funding 1, the parties Mortgages Trustee and the Security Trustee severally acknowledge to this Agreement and agree with the Seller, and the Security Trustee acknowledges to and agrees with Funding 1 and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or contractual, tortious or delictual, delictual express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding 1 or the assets comprised in the Funding Companies and/or 1 Security constituted by the Funding Security Trustees 1 Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees 1 or such assets as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or enforcement of the service Funding 1 Security contributed by the Funding 1 Deed of a Note Acceleration Notice on the Issuer Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 1 contract
Samples: Mortgage Sale Agreement (Permanent Financing (No. 8) PLC)
Consequences of Breach. Without prejudice to Clauses 7 and CLAUSE 8, each of Funding and the parties Mortgages Trustee and the Funding Security Trustee severally acknowledge to this Agreement and agree with the Seller, and the Funding Security Trustee acknowledges to and agrees with Funding and the Mortgages Trustee, that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious contractual, tortious, or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or Funding or the assets comprised in the security constituted by the Funding Companies and/or the Funding Security Trustees Deed of Charge by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees as a result of or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also having been or given rise to an Intercompany Loan Event of Default or enforcement of the service security constituted by the Funding Deed of a Note Acceleration Notice on the Issuer Charge shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omissiondamage.
Appears in 1 contract
Samples: Mortgage Sale Agreement (Holmes Financing No 6 PLC)
Consequences of Breach. Without prejudice to Clauses 7 (Undertakings) and 88 (Warranties and Repurchase by the Seller), each of the parties to this Agreement acknowledges and agrees that the Seller shall have no liability or responsibility (whether, in either case, contractual or tortious or delictual, express or implied) for any loss or damage for or in respect of any breach of, or any act or omission in respect of, any of its obligations hereunder other than loss or damage directly (and not indirectly or consequentially) suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees by reason of such breach, act or omission. For this purpose (and without limiting the scope of the above exclusion in respect of indirect or consequential loss or damage) any loss or damage suffered by the Mortgages Trustee and/or the Funding Companies and/or the Funding Security Trustees as a result of the breach, act or omission in question also having been or given rise to an Intercompany Loan Event of Default or the service of a Note Acceleration Notice on the Issuer or any New Issuer shall be treated as indirect or consequential loss or damage PROVIDED THAT this sentence shall not apply to any direct or non-consequential loss or damage arising from any such breach, act or omission.
Appears in 1 contract
Samples: Mortgage Sale Agreement