Common use of Indemnification of the Custodian Clause in Contracts

Indemnification of the Custodian. Vanderbilt agrees to indemnify the Custodian for any and all liabilities, obligations, losses, damages, payments, costs or expenses of any kind whatsoever (including reasonable attorneys fees) which may be imposed on, incurred or asserted against the Custodian as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Files; provided, however, that Vanderbilt shall not be liable for any portion of any such amount resulting from the gross negligence or wilful misconduct of the Custodian.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Vanderbilt Mortgage & Finance Inc), Pooling and Servicing Agreement (Senior Subordinate Pass Through Certificates Series 2001-C), Pooling and Servicing Agreement (Vanderbilt Mortgage & Fi in Ma Ho Co Sr Su Pa Th C Se 2001a)

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Indemnification of the Custodian. Vanderbilt agrees to indemnify the Custodian for any and all liabilities, obligations, losses, damages, payments, costs or expenses of any kind whatsoever (including reasonable attorneys fees) which may be imposed on, incurred or asserted against the Custodian as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Files; provided, however, that Vanderbilt shall not be liable for any portion of any such amount resulting from the gross negligence or wilful willful misconduct of the Custodian.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Vanderbilt Mortgage & Finance Inc), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pas THR Cert Ser 1999c), Custodial Agreement (Vanderbilt Mort & Finance Pass Through Cert Series 1999b)

Indemnification of the Custodian. Vanderbilt agrees to indemnify the -------------------------------- Custodian for any and all liabilities, obligations, losses, damages, payments, costs or expenses of any kind whatsoever (including reasonable attorneys fees) which may be imposed on, incurred or asserted against the Custodian as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Files; provided, however, that Vanderbilt -------- ------- shall not be liable for any portion of any such amount resulting from the gross negligence or wilful misconduct of the Custodian.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pass THR Cert Ser 2000-D)

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Indemnification of the Custodian. Vanderbilt agrees to indemnify -------------------------------- the Custodian for any and all liabilities, obligations, losses, damages, payments, costs or expenses of any kind whatsoever (including reasonable attorneys fees) which may be imposed on, incurred or asserted against the Custodian as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Files; provided, however, -------- ------- that Vanderbilt shall not be liable for any portion of any such amount resulting from the gross negligence or wilful misconduct of the Custodian.

Appears in 1 contract

Samples: Custodial Agreement (Vanderbilt Mort & Fin Inc Pass Throu Cert Ser 1998b)

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