Common use of Delivery of Submission Packages Clause in Contracts

Delivery of Submission Packages. Prior to any shipment of a Mortgage Loan hereunder, Custodian shall have received from the related Seller written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the delivery of Submission Packages related to Mortgage Loans in the performance of the Custodian's duties hereunder. The applicable Seller shall select shipper(s) from a list of shippers, approved by both Custodian and Purchaser, provided by Purchaser to such Seller. Furthermore, the related Seller shall provide Custodian Delivery Instructions by 11:00 a.m. New York City time on the Delivery Date for same day shipment together with an electronic transmission of such delivery instructions. The applicable Seller will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Submission Packages as the applicable Seller deems appropriate. It is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitation, the Sellers, arising out of actions of the Custodian consistent with instructions of the Seller (including, without limitation, losses or damages arising out of non-performance or faulty performance by a shipper). Any delivery of Submission Packages under this Agreement shall be by personal delivery, recognized courier delivery service, or registered or certified first class mail, postage prepaid, return receipt requested, as designated by the related Seller. In the event Custodian does not receive such written instructions, Custodian shall be authorized to use any nationally recognized courier service. In no event shall Custodian, without the prior consent of Purchaser, permit delivery to be made to any Seller or an agent of any Seller.

Appears in 2 contracts

Samples: Mortgage Loan Custodial Agreement (American Home Mortgage Investment Corp), Mortgage Loan Custodial Agreement (American Home Mortgage Investment Corp)

AutoNDA by SimpleDocs

Delivery of Submission Packages. Prior to any shipment of a Mortgage Loan hereunder, Custodian shall have received from the related Seller written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the delivery of Submission Packages related to Mortgage Loans in the performance of the Custodian's duties hereunder. The applicable Seller shall select shipper(s) from a list of shippers, approved by both Custodian and Purchaser, provided by Purchaser to such Seller. Furthermore, the related Seller shall provide Custodian Delivery Instructions by 11:00 a.m. New York City time on the Delivery Date for same day shipment together with an electronic transmission of such delivery instructions. The applicable Seller will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Submission Packages as the applicable Seller deems appropriate. It is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitation, the SellersSeller, arising out of actions of the Custodian consistent with instructions of the Seller (including, without limitation, losses or damages arising out of non-performance or faulty performance by a shipper). Any delivery of Submission Packages under this Agreement shall be by personal delivery, recognized courier delivery service, or registered or certified first class mail, postage prepaid, return receipt requested, as designated by the related Seller. In the event Custodian does not receive such written instructions, Custodian shall be authorized to use any nationally recognized courier service. In no event shall Custodian, without the prior consent of Purchaser, Custodian permit delivery to be made to any Seller or an agent of any Seller.

Appears in 1 contract

Samples: Mortgage Loan Custodial Agreement (American Home Mortgage Holdings Inc)

AutoNDA by SimpleDocs

Delivery of Submission Packages. Prior to any shipment of a Mortgage Loan hereunder, Custodian shall have received from the related Seller written Written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with the delivery of Submission Packages related to Mortgage Loans in the performance of the Custodian's duties hereunder shall be delivered by the Seller to the Custodian prior to any shipment of any Mortgage Loans hereunder. The applicable Seller shall select shipper(s) from a list of shippers, approved by both Custodian and Purchaser, provided by Purchaser to such Seller. Furthermore, the related Seller shall provide Custodian Delivery Instructions by 11:00 8:00 a.m. New York City time on the Delivery Date for same day shipment together with an electronic transmission of such delivery instructionsshipment. The applicable Seller will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Submission Packages as the applicable Seller deems appropriate. It is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including without limitation, the SellersSeller, arising out of actions of the Custodian consistent with instructions of the Seller (including, without limitation, losses or damages arising out of non-performance or faulty performance by a shipper). Any delivery of Submission Packages under this Agreement shall be by personal delivery, recognized courier delivery service, or registered or certified first class mail, postage prepaid, return receipt requested, as designated by the related Seller. In the event Custodian does not receive such written instructions, Custodian shall be authorized to use any nationally recognized courier service. In no event shall Custodian, without the prior consent of Purchaser, Custodian permit delivery to be made to any by Seller or an agent of any Seller.

Appears in 1 contract

Samples: Mortgage Loan Custodial Agreement (E Loan Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.