Common use of Indemnity of Trustee Clause in Contracts

Indemnity of Trustee. The Trustee and its officers, directors, agents and employees, shall be indemnified by the Servicer and held harmless against any loss, liability, or expense (other than any amount owing pursuant to Section 9.7) arising out of or incurred in connection with the acceptance or performance of the trusts and duties contained in this Agreement including the costs and expenses of defending against any claim or liability in connection with the exercise or performance of any of its powers and duties hereunder to the extent that (i) the Trustee shall not have been indemnified for such loss, liability, or expense by the Seller pursuant to Section 6.1, the Servicer pursuant to Section 7.1, or the Certificateholders pursuant to Section 9.4; (ii) such loss, liability, or expense shall not have been incurred by reason of the Trustee's willful misfeasance, bad faith, or negligence (except for errors in judgment); and (iii) such loss, liability, or expense shall not have been incurred by reason of the Trustee's breach of its representations and warranties pursuant to Section 9.14.

Indemnity of Trustee. The Trustee and its officers, directors, agents and employees, shall be indemnified by the Servicer and held harmless against any loss, liability, fee, disbursement or expense (other than including any amount owing pursuant compensation or expense referred to in Section 9.711.07) arising out of or incurred in connection with the acceptance or performance of the trusts and duties contained in this Agreement including the costs and expenses of defending against any claim or liability in connection with the exercise or performance of any of its powers and duties hereunder to the extent that (ia) the Trustee shall not have been indemnified be entitled to indemnity for such loss, liability, fee, disbursement or expense by the Seller pursuant to Section 6.18.02, the Servicer pursuant to Section 7.19.02, or the Certificateholders pursuant to Section 9.411.04; (iib) such loss, liability, fee, disbursement or expense shall not have been incurred by reason of the Trustee's willful misfeasance, bad faith, faith or negligence (except for errors in judgment)negligence; and (iiic) such loss, liability, fee, disbursement or expense shall not have been incurred by reason of the Trustee's breach of its representations and warranties pursuant to contained in Section 9.1411.14.

Indemnity of Trustee. The Trustee and its officers, directors, agents and employees, shall be -------------------- indemnified by the Servicer and held harmless against any loss, liability, fee, disbursement or expense (other than including any amount owing pursuant compensation or expense referred to in Section 9.711.07) arising out of or incurred in connection with the acceptance or performance of the trusts and duties contained in this the Agreement including the costs and expenses of defending against any claim or liability in connection with the exercise or performance of any of its powers and duties hereunder to the extent that (i) the Trustee shall not have been indemnified be entitled to indemnity for such loss, liability, fee, disbursement or expense by the Seller pursuant to Section 6.18.02, the Servicer pursuant to Section 7.19.02, or the Certificateholders pursuant to Section 9.411.04; (ii) such loss, liability, fee, disbursement or expense shall not have been incurred by reason of the Trustee's willful misfeasance, bad faith, faith or negligence (except for errors in judgment)negligence; and (iii) such loss, liability, fee, disbursement or expense shall not have been incurred by reason of the Trustee's breach of its representations and warranties pursuant to Section 9.1411.14.

Indemnity of Trustee. The Trustee and its officers, directors, agents and employees, shall be indemnified by the Servicer and held harmless against any loss, liability, or expense (other than any amount owing pursuant to Section 9.7) arising out of or incurred in connection with the acceptance or performance of the trusts and duties contained in this the Agreement including the costs and expenses of defending against any claim or liability in connection with the exercise or performance of any of its powers and duties hereunder to the extent that (i) the Trustee shall not have been indemnified for such loss, liability, or expense by the Seller pursuant to Section 6.1, the Servicer pursuant to Section 7.1, or the Certificateholders pursuant to Section 9.4; (ii) such loss, liability, or expense shall not have been incurred by reason of the Trustee's willful misfeasance, bad faith, or negligence (except for errors in judgment); and (iii) such loss, liability, or expense shall not have been incurred by reason of the Trustee's breach of its representations and warranties pursuant to Section 9.14.