Common use of Liability of Cash Manager Clause in Contracts

Liability of Cash Manager. (a) The Cash Manager shall indemnify each of the Mortgages Trustee, Funding 1, Funding 2, the Funding 1 Security Trustee and the Funding 2 Security Trustee on demand on an after Tax basis for any loss, liability, claim, expense or damage suffered or incurred by any of them in respect of the negligence, bad faith or wilful default of the Cash Manager in carrying out its functions as Cash Manager under this Agreement or under the other Transaction Documents or as a result of a breach by the Cash Manager of the terms and provisions of this Agreement or such other Transaction Documents to which the Cash Manager is a party (in its capacity as Cash Manager) in relation to such functions. (b) For the avoidance of doubt, the Cash Manager shall not be liable in respect of any loss, liability, claim, expense or damage suffered or incurred by the Mortgages Trustee, Funding 1, Funding 2, the Funding 1 Security Trustee, the Funding 2 Security Trustee and/or any other person as a result of the proper performance of the Cash Management Services by the Cash Manager save to the extent that such loss, liability, claim, expense or damage is suffered or incurred as a result of any negligence, bad faith or wilful default of the Cash Manager or as a result of a breach by the Cash Manager of the terms and provisions of this Agreement or any of the other Transaction Documents to which the Cash Manager is a party (in its capacity as Cash Manager) in relation to such functions.

Liability of Cash Manager. (a) The Cash Manager shall indemnify each of the Mortgages Trustee, Funding 1, Funding 2, the Funding 1 Security Trustee Companies and the Funding 2 Security Trustee Trustees on demand on an after Tax basis for any loss, liability, claim, expense or damage suffered or incurred by any of them in respect of the fraud, negligence, bad faith faith, wilful misconduct or wilful default of the Cash Manager in carrying out its functions as Cash Manager under this Agreement or under the other Transaction Documents or as a result of a breach by the Cash Manager of the terms and provisions of this Agreement or such any other Transaction Documents Document to which the Cash Manager is a party (in its capacity as Cash Manager) in relation to such functions. (b) For the avoidance of doubt, the Cash Manager shall not be liable in respect of any loss, liability, claim, expense or damage suffered or incurred by the Mortgages Trustee, the Funding 1, Funding 2Companies, the Funding 1 Security Trustee, the Funding 2 Security Trustee Trustees and/or any other person as a result of the proper performance of the Cash Management Services by the Cash Manager save to the extent that such loss, liability, claim, expense or damage is suffered or incurred as a result of any fraud, negligence, bad faith faith, wilful misconduct or wilful default of the Cash Manager or as a result of a breach by the Cash Manager of the terms and provisions of this Agreement or any of the other Transaction Documents Document to which the Cash Manager is a party (in its capacity as Cash Manager) in relation to such functions.

Liability of Cash Manager. (a) The Cash Manager shall indemnify each of the Mortgages Trustee, Funding 1, Funding 2, the Funding 1 Security Trustee Companies and the Funding 2 Security Trustee Trustees on demand on an after Tax basis for any loss, liability, claim, expense or damage suffered or incurred by any of them in respect of the fraud, negligence, bad faith faith, wilful misconduct or wilful default of the Cash Manager in carrying out its functions as Cash Manager under this Agreement or under the other Transaction Documents or as a result of a breach by the Cash Manager of the terms and provisions of this Agreement or such any other Transaction Documents to which the Cash Manager is a party (in its capacity as Cash Manager) in relation to such functions. (b) For the avoidance of doubt, the Cash Manager shall not be liable in respect of any loss, liability, claim, expense or damage suffered or incurred by the Mortgages Trustee, the Funding 1, Funding 2Companies, the Funding 1 Security Trustee, the Funding 2 Security Trustee Trustees and/or any other person as a result of the proper performance of the Cash Management Services by the Cash Manager save to the extent that such loss, liability, claim, expense or damage is suffered or incurred as a result of any fraud, negligence, bad faith faith, wilful misconduct or wilful default of the Cash Manager or as a result of a breach by the Cash Manager of the terms and provisions of this Agreement or any of the other Transaction Documents Document to which the Cash Manager is a party (in its capacity as Cash Manager) in relation to such functions.

Liability of Cash Manager. (a) The Cash Manager shall indemnify each of the Mortgages Trustee, Funding 1, Funding 2, the Funding 1 Security Trustee and the Funding 2 Security Trustee on demand on an after Tax basis for any loss, liability, claim, expense or damage suffered or incurred by any of them in respect of the negligence, bad faith or wilful default of the Cash Manager in carrying out its functions as Cash Manager under this Agreement or under the other Transaction Documents or as a result of a breach by the Cash Manager of the terms and provisions of this Agreement or such other Transaction Documents to which the Cash Manager is a party (in its capacity as Cash Manager) in relation to such functions. (b) For the avoidance of doubt, the Cash Manager shall not be liable in respect of any loss, liability, claim, expense or damage suffered or incurred by the Mortgages Trustee, Funding 1, Funding 2, the Funding 1 Security Trustee, Trustee and the Funding 2 Security Trustee and/or any other person as a result of the proper performance of the Cash Management Services by the Cash Manager save to the extent that such loss, liability, claim, expense or damage is suffered or incurred as a result of any negligence, bad faith or wilful default of the Cash Manager or as a result of a breach by the Cash Manager of the terms and provisions of this Agreement or any of the other Transaction Documents to which the Cash Manager is a party (in its capacity as Cash Manager) in relation to such functions.