Common use of Contracting for Operation of Foreclosure Property Clause in Contracts

Contracting for Operation of Foreclosure Property. In accordance with the Accepted Servicing Procedures, the Servicer may contract with any independent contractor for the operation, management, marketing or sale of any Foreclosure Property; provided, however, that the terms and conditions of any such contract shall not be inconsistent with this Agreement; provided further that none of the provisions of this Section 4.11 relating to any such contract or to actions taken through any such independent contractor shall be deemed to relieve the Servicer of any of its duties and obligations hereunder with respect to the operation, management, marketing or sale of any such Foreclosure Property. The Servicer shall be entitled to enter into any agreement with any independent contractor performing services for it related to its duties and obligations hereunder for indemnification of the Servicer by such independent contractor, and nothing in this Agreement shall be deemed to limit or modify such indemnification. The Servicer shall not be liable for any fees owed by it to any such independent contractor and any amounts so expended shall be deemed Servicing Advances.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv), Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv), Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998 3)

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Contracting for Operation of Foreclosure Property. In accordance with the Accepted Servicing Procedures, the Servicer may contract with any independent contractor for the operation, management, marketing or sale of any Foreclosure Property; providedPROVIDED, howeverHOWEVER, that the terms and conditions of any such contract shall not be inconsistent with this Agreement; provided further PROVIDED, FURTHER, that none of the provisions of this Section SECTION 4.11 relating to any such contract or to actions taken through any such independent contractor shall be deemed to relieve the Servicer of any of its duties and obligations hereunder with respect to the operation, management, marketing or sale of any such Foreclosure Property. The Servicer shall be entitled to enter into any agreement with any independent contractor performing services for it related to its duties and obligations hereunder for indemnification of the Servicer by such independent contractor, and nothing in this Agreement shall be deemed to limit or modify such indemnification. The Servicer shall not be liable for any fees owed by it to any such independent contractor and any amounts so expended shall be deemed Servicing Advances.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)

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