Liability of Master Servicer. The Master Servicer shall not be relieved of its obligations under this Agreement notwithstanding any Sub-Servicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and a Sub-Servicer or otherwise, and the Master Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Loans. The Master Servicer shall be entitled to enter into any agreement with a Sub-Servicer for indemnification of the Master by such Sub-Servicer and nothing contained in such Sub-Servicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Master Servicer for any losses due to the Master Servicer's negligence.
Liability of Master Servicer. 79 8.6. No Contractual Relationship Between Sub-Servicer and Trustee or the Owners............ 80 8.7. Assumption or Termination of Sub-Servicing Agreement by Trustee.............................. 80 8.8. Principal and Interest Account......................... 80 8.9. Delinquency Advances, Compensating Interest and Servicing Advances............................ 82 8.10.
Liability of Master Servicer. (a) The Master Servicer shall not be relieved of its obligations under this Agreement notwithstanding any Sub-Servicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and a Sub-Servicer or otherwise, and the Master Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Loans. The Master Servicer shall be entitled to enter into any agreement with a Sub-Servicer for indemnification of the Master Servicer by such Sub-Servicer and nothing contained in such Sub-Servicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Master Servicer for any losses due to the Master Servicer's or any Sub-Servicer's negligence.
(b) The Master Servicer shall defend, indemnify and hold harmless the Indenture Trustee (including, for purposes of this Section 4.5(b), its officers, directors, employees and agents), the Owner Trustee (including for purposes of this Section 4.5(b), its officers, directors, employees and agents), the Noteholders, Advanta Holding Trust and the Issuer from and against any and all claims, damages, liabilities, losses, costs and expenses (including the reasonable fees and expenses of counsel) to the extent that such claims, damages, liabilities, losses, costs or expenses arose out of, or were imposed upon the Indenture Trustee, the Owner Trustee, the Noteholders, Advanta Holding Trust or the Issuer in connection with or by reason of, (i) any failure by the Master Servicer to perform its duties under this Agreement or any errors or omissions of the Master Servicer related to such duties, including the making of any inaccurate representations or warranties hereunder; or (ii) in the case of the Indenture Trustee or the Owner Trustee, the performance of its duties hereunder or under the other Operative Documents, except to the extent that such claim, damage, liability, loss, cost or expense resulted from the Indenture Trustee's or the Owner Trustee's gross negligence or willful misconduct. The provisions of this Section 4.5(b) shall run directly to and be enforceable by each injured
Liability of Master Servicer. 21 Section 4.06 No Contractual Relationship Between Sub-Servicer and Indenture Trustee or the Noteholders......................22 Section 4.07 Assumption or Termination of Sub-Servicing Agreement by Indenture Trustee......................................23 Section 4.08 Principal and Interest Account...............................23 Section 4.09 Delinquency Advances, Compensating Interest and Servicing Advances........................................25 Section 4.10 Purchase of Mortgage Loans...................................26 Section 4.11 Maintenance of Insurance.....................................26 Section 4.12 Due-on-Sale Clauses; Assumption and Substitution Agreements................................................27 Section 4.13 Realization Upon Defaulted Mortgage Loans....................28 Section 4.14 Indenture Trustee to Cooperate; Release of Mortgage Files.....................................................29
Liability of Master Servicer. 115 10.6. No Contractual Relationship Between Sub-Servicer and Trustee or the Owners.........
Liability of Master Servicer. 44 Section 4.5 Sub-Servicing Agreements Between Master Servicer and Sub-Servicers............................... 45 Section 4.6 Successor Sub-Servicers.................................. 45
Liability of Master Servicer. 73 Section 4.06. No Contractual Relationship Between Servicer and Persons other than the Master Servicer............................................ 73 Section 4.07. Assumption or Termination of Sub- Servicing Agreements................................ 73 Section 4.08. Establishment of Lock-Box and Lock-Box Account............................................. 74 Section 4.09. Deposits into Collection Account.......... 75 Section 4.10. [Reserved]................................ 76 Section 4.11.
Liability of Master Servicer. 88 SECTION 8.6. NO CONTRACTUAL RELATIONSHIP BETWEEN SUB-SERVICER AND TRUSTEE OR THE OWNERS........88 SECTION 8.7. ASSUMPTION OR TERMINATION OF SUB-SERVICING AGREEMENT BY TRUSTEE...................88 SECTION 8.8.
Liability of Master Servicer. Notwithstanding anything herein to the contrary, the Master Servicer shall not be liable for any acts or omissions of any Servicer, unless it is acting as a successor Servicer, provided, that, nothing herein shall modify, diminish or otherwise affect the obligations of the Master Servicer under the Transaction Documents, to which it is a party. In particular, the Master Servicer shall not be liable for any servicing errors or interruptions resulting from any failure of the Servicer (unless it is acting as a successor Servicer) to maintain computer and other information systems that are Year-2000 compliant.
