Common use of Indemnification by the Servicer Clause in Contracts

Indemnification by the Servicer. The Servicer agrees to indemnify and hold the Trustee, the Oversight Agent, the Certificate Insurer and each Owner harmless against any and all claims, losses, penalties, fines, forfeitures, legal fees and related costs, judgments, and any other costs, fees and expenses that the Trustee, the Oversight Agent, the Certificate Insurer and any Owner may sustain in any way related to the failure of the Servicer to perform its duties and service the Mortgage Loans in compliance with the terms of this Agreement. A party against whom a claim is brought shall immediately notify the other parties and the Rating Agencies if a claim is made by a third party with respect to this Agreement, and the Servicer shall assume (with the consent of the Trustee) the defense of any such claim and pay all expenses in connection therewith, including reasonable counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against the Certificate Insurer, the Servicer, the Trustee, the Oversight Agent and/or Owner in respect of such claim.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-2), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-1)

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Indemnification by the Servicer. The Servicer agrees to indemnify and hold the Trustee, the Oversight AgentDepositor, the Certificate Insurer Master Servicer, the Securities Administrator and each Owner harmless against any and all claims, losses, penalties, fines, forfeitures, legal fees and related costs, judgments, and any other costs, fees and expenses that the Trustee, the Oversight AgentDepositor, the Certificate Insurer Master Servicer, the Securities Administrator and any Owner may sustain in any way related to the failure of the Servicer to perform its duties and service the Mortgage Home Equity Loans in compliance with the terms of this Agreement. A party against whom a claim is brought shall immediately notify the other parties and the Rating Agencies if a claim is made by a third party with respect to this Agreement, and the Servicer shall assume (with the consent of the Trustee) the defense of any such claim and pay all expenses in connection therewith, including reasonable counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against the Certificate Insurer, the Servicer, the TrusteeMaster Servicer, the Oversight Agent Securities Administrator, the Trustee and/or Owner in respect of such claim.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Loan Trust 2007-Fre1)

Indemnification by the Servicer. The Servicer agrees to indemnify and hold the Trustee, the Oversight AgentMaster Servicer, the Certificate Insurer and each Owner harmless against any and all claims, losses, penalties, fines, forfeitures, legal fees and related costs, judgments, and any other costs, fees and expenses that the Trustee, the Oversight AgentMaster Servicer, the Certificate Insurer and any Owner may sustain in any way related to the failure of the Servicer to perform its duties and service the Mortgage Loans in compliance with the terms of this Agreement. A party against whom a claim is brought shall immediately notify the other parties and the Rating Agencies if a claim is made by a third party with respect to this Agreement, and the Servicer shall assume (with the consent of the Trustee) the defense of any such claim and pay all expenses in connection therewith, including reasonable counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against the Certificate Insurer, the Servicer, the Trustee, the Oversight Agent Master Servicer and/or Owner in respect of such claim.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1998-4)

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Indemnification by the Servicer. The Servicer agrees to indemnify and hold the Trustee, the Oversight Agent, the Certificate Insurer and each Owner harmless against any and all claims, losses, penalties, fines, forfeitures, legal fees and related costs, judgments, and any other costs, fees and expenses that the Trustee, the Oversight Agent, the Certificate Insurer and any Owner may sustain in any way related to the failure of the Servicer to perform its duties and service the Mortgage Loans in compliance with the terms of this Agreement. A party against whom a claim is brought shall immediately notify the other parties and the Rating Agencies if a claim is made by a third party with respect to this Agreement, and the Servicer shall assume (with the consent of the Trustee) the defense of any such claim and pay all expenses in connection therewith, including reasonable counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against the Certificate Insurer, the Servicer, the Trustee, the Oversight Agent and/or Owner in respect of such claim. In no event will any successor servicer be liable for, or have any obligation to indemnify any person for the acts or omissions of a predecessor servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-4)

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