Indemnification of Custodian. The Custodian and its directors, officers, agents and employees shall be indemnified and held harmless by the Trust Fund against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever, including reasonable attorney's fees, that may be imposed on, incurred by or asserted against it or them in any way relating to or arising out of this Agreement or any action taken or not taken by it or them hereunder except to the extent caused by the Custodian's negligence or willful misconduct. If funds in the Trust Fund are insufficient therefor, the Custodian shall recover such expenses from the Seller. The indemnification provided for under this Section 9.14 shall survive the termination of this Agreement and the resignation or removal of the Custodian.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (NAAC Alternative Loan Trust, Series 2004-Ar3), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2004-Ar1), Pooling and Servicing Agreement (Nomura Asset Acceptance Corp)
Indemnification of Custodian. The Custodian and its directors, officers, agents and employees shall be indemnified and held harmless by the Trust Fund against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever, including reasonable attorney's ’s fees, that may be imposed on, incurred by or asserted against it or them in any way relating to or arising out of this Agreement or any action taken or not taken by it or them hereunder except to the extent caused by the Custodian's ’s negligence or willful misconduct. If funds in the Trust Fund are insufficient therefor, the Custodian shall recover such expenses from the Seller. The indemnification provided for under this Section 9.14 shall survive the termination of this Agreement and the resignation or removal of the Custodian.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Trust 2005-He3)