Liability of Seller. Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by Seller and the representations and warranties of Seller.
Liability of Seller. The Seller shall pay organizational expenses of the Trust as they may arise or shall, upon the request of the Owner Trustee and upon receipt of documentation or invoices therefor, promptly reimburse the Owner Trustee for any such expenses paid by the Owner Trustee.
Liability of Seller. 13 SECTION 6.2 Merger or Consolidation of Seller or Purchaser............................................ 14 SECTION 6.3 Limitation on Liability of Seller and Others.............................................. 14 SECTION 6.4 Seller May Own Notes or the Certificate................................................... 14 SECTION 6.5 Amendment................................................................................. 15 SECTION 6.6 Notices................................................................................... 15 SECTION 6.7 Merger and Integration.................................................................... 16 SECTION 6.8
Liability of Seller. 1. In the event any goods sold and delivered hereunder shall be defective in any respect whatsoever, Seller shall indemnify and hold harmless the Purchaser from all loss or the payment of all sums of money by reason of all accidents, injuries, or damages to persons or property that may happen to occur in connection with the use of such goods and/or contributed to by said defective condition.
Liability of Seller. SECTION 6.2 Amendment
Liability of Seller. 9 Section 3.03 Merger or Consolidation of, or Assumption of the Obligations of Seller; Amendment of Certificate of Incorporation................................................................. 9 Section 3.04 Limitation on Liability of Seller and Others................................................. 9 Section 3.05 Seller May Own Notes or Certificates......................................................... 10
Liability of Seller. 68 SECTION 5.02 Merger or Consolidation of, or Assumption of the Obligations of, Seller; Certain Limitations. ........................................................................... 68 SECTION 5.03 Limitation on Liability of Seller and Others............................................ 68 SECTION 5.04 Seller Not to Resign.................................................................... 69 SECTION 5.05 Seller May Own Notes and Residual Interest Instruments.................................. 69 ARTICLE VI THE SERVICER.......................................................................................... 69
Liability of Seller. 17 SECTION 6.2 Merger or Consolidation of Seller or Purchaser.................................. 17 SECTION 6.3 Limitation on Liability of Seller and Others.................................... 18
Liability of Seller. Notwithstanding any Subservicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between Seller and a Subservicer or reference to actions taken through a Subservicer or otherwise, Seller shall remain obligated and liable to Purchaser for the servicing and administering of the Mortgage Loans in accordance with the provisions of Section 10.01 without diminution of such obligation or liability by virtue of such Subservicing Agreements or arrangements or by virtue of indemnification from the Subservicer for any acts and omissions and to the same extent and under the same terms and conditions as if Seller alone were servicing and administering the Mortgage Loans and any other transactions or services relating to the Mortgage Loans involving the Subservicer shall be deemed to be between the Subservicer and Seller alone and Purchaser shall have no obligations, duties or liabilities with respect to the Subservicer including no obligation, duty or liability of Purchaser to pay Subservicer's fees and expenses except pursuant to an assumption of Seller's obligations pursuant to Section 16.01. For purposes of this Agreement, Seller shall be deemed to have received payments on Mortgage Loans when the Subservicer has received such payments. Seller shall be entitled to enter into any agreement with a Subservicer for indemnification of Seller by such Subservicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. Seller shall pay all fees and expenses of the Subservicer from its own funds, the Servicing Fee or other amounts permitted to be retained by or reimbursed to Seller hereunder.
Liability of Seller. (a) The Seller will be liable in accordance with this Agreement only to the extent of the obligations specifically undertaken by the Seller under this Agreement. All other liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement by the Seller and the issuance of the Notes. Notwithstanding the foregoing, this Section 4.1 will not protect the Seller against any liability that would otherwise be imposed by reason of willful misconduct, bad faith or negligence in the performance of its duties under this Agreement.
