Consequences of Breach. Without prejudice to Clause 8 (Warranties and Repurchase by the Seller), the Mortgages Trustee, Funding and the Security Trustee severally acknowledge to 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, 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 Funding Security constituted by the Funding 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 Funding or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also been or given rise to an Event of Default or enforcement of the security contributed by the Funding Deed of Charge shall be treated as indirect or consequential loss or damage.
Appears in 6 contracts
Samples: Mortgage Sale Agreement (Granite Mortgages 03-1 PLC), Mortgage Sale Agreement (Granite Mortgages 02-2 PLC), Mortgage Sale Agreement (Granite Mortgages 02-1 PLC)
Consequences of Breach. Without prejudice to Clause 8 (Warranties CLAUSES 7 and Repurchase by the Seller)8, Funding 1, the Mortgages Trustee, Funding Trustee and the Security Trustee severally acknowledge to 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, 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 1 Security constituted by the Funding 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 Funding 1 or such assets which would not have been suffered by it or such assets had as a result of the breach, act or omission in question not also having been or given rise to an Event of Default or enforcement of the security Funding 1 Security contributed by the Funding 1 Deed of Charge shall be treated as indirect or consequential loss or damagedamage 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 5 contracts
Samples: Mortgage Sale Agreement (Permanent Financing (No. 5) PLC), Mortgage Sale Agreement (Permanent Financing (No. 6) PLC), Mortgage Sale Agreement (Permanent Mortgages Trustee LTD)
Consequences of Breach. Without prejudice to Clause 8 (Warranties and Repurchase by the Seller)8, Funding, the Mortgages Trustee, Funding Trustee and the Security Trustee severally acknowledge to 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 contractual, tortious or tortiousdelictual, 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 Funding Security security constituted by the Funding 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 Funding or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also been or given rise to an a Note Event of Default or enforcement of the security contributed constituted by the Funding Deed of Charge shall be treated as indirect or consequential loss or damage.
Appears in 5 contracts
Samples: Mortgage Sale Agreement, Mortgage Sale Agreement, Mortgage Sale Agreement
Consequences of Breach. Without prejudice to Clause 8 (Warranties and Repurchase by the Seller), the Mortgages Trustee, Funding and the Security Trustee severally acknowledge to 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 contractual, tortious or tortiousdelictual, 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 Funding Security constituted by the Funding 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 Funding or such assets which would not have been suffered by it or such assets had the breach, act or omission in question not also been or given rise to an Event of Default or enforcement of the security contributed constituted by the Funding Deed of Charge shall be treated as indirect or consequential loss or damage.
Appears in 4 contracts
Samples: Mortgage Sale Agreement (Granite Mortgages 04-1 PLC), Mortgage Sale Agreement (Granite Mortgages 03-1 PLC), Mortgage Sale Agreement (Granite Finance Funding LTD)