Common use of Independence of the Servicer; No Joint Venture Clause in Contracts

Independence of the Servicer; No Joint Venture. For all purposes of this Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuing Entity or the Owner Trustee for the manner in which it accomplishes the performance of its obligations under this Agreement. Unless expressly authorized by the Basic Documents or the Issuing Entity, the Servicer shall have no authority to act for or represent the Issuing Entity or the Owner Trustee in any way (other than as permitted hereunder) and shall not otherwise be deemed an agent of the Issuing Entity or the Owner Trustee. Nothing in this Agreement shall (i) make the Servicer, on the one hand, and the Issuing Entity or the Owner Trustee, on the other hand, members of any partnership, joint venture, association, syndicate, unincorporated business or other separate entity, (ii) be construed to impose any liability as such on any of them or (iii) be deemed to confer on any of them any express, implied or apparent authority to incur any obligation or liability on behalf of the others.

Independence of the Servicer; No Joint Venture. For all purposes of this Exchange Note Servicing Supplement and the Closed-End Servicing Agreement, the Servicer shall be an independent contractor and shall not be subject to the supervision of the Issuing Entity or the Owner Trustee for the manner in which it accomplishes the performance of its obligations under the Closed-End Servicing Agreement or this AgreementExchange Note Servicing Supplement. Unless expressly authorized by the Basic Documents, the Transaction Documents or the Issuing Entity, the Servicer shall have no authority to act for or represent the Issuing Entity or the Owner Trustee in any way (other than as permitted hereunder) and shall not otherwise be deemed an agent of the Issuing Entity or the Owner TrusteeEntity. Nothing in this Exchange Note Servicing Supplement or the Closed-End Servicing Agreement shall (i) make the Servicer, on the one hand, Servicer and the Issuing Entity or the Owner Trustee, on the other hand, members of any partnership, joint venture, association, syndicate, unincorporated business or other separate entity, (ii) be construed to impose any liability as such on any of them or (iii) be deemed to confer on any of them any express, implied or apparent authority to incur any obligation or liability on behalf of the others.