Liability of Servicer. The 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 Servicer and a Sub-Servicer or otherwise, and the 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 Servicer shall be entitled to enter into any agreement with a Sub-Servicer for indemnification of the 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 Servicer for any losses due to the Servicer's negligence.
Liability of Servicer. (a) The Servicer shall indemnify each of the Mortgages Trustee and the Beneficiaries 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 or wilful default of the Servicer in carrying out its functions as Servicer under this Agreement or the other Transaction Documents or as a result of a breach by the Servicer of the terms and provisions of this Agreement or the other Transaction Documents in relation to such functions.
(b) For the avoidance of doubt, the Servicer shall not be liable in respect of any loss, liability, claim, expense or damage suffered or incurred by the Mortgages Trustee and/or the Beneficiaries and/or any other person as a result of the proper performance of the Services by the Servicer save where such loss, liability, claim, expense or damage is suffered or incurred as a result of any negligence or wilful default of the Servicer or as a result of a breach by the Servicer of the terms and provisions of this Agreement or the other Transaction Documents in relation to such functions.
(c) Any indemnification under this CLAUSE 3.4 in respect of loss suffered by the Beneficiaries shall be paid for by reducing the Seller Share of the Trust Property by an amount equal to the relevant loss incurred by the Beneficiaries in accordance with CLAUSE 8.4 of the Mortgages Trust Deed and SCHEDULE 2 to the Cash Management Agreement.
Liability of Servicer. Servicer shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by Servicer in such capacity herein.
Liability of Servicer. 67 8.6. No Contractual Relationship Between Sub-Servicer and Trustee, Oversight Agent or the Owners...............................................................68 8.7. Assumption or Termination of Sub-Servicing Agreement by Oversight Agent........................68 8.8. Principal and Interest Account.................................................................68 8.9. Delinquency Advances, Compensating Interest and Servicing Advances.............................70 8.10.
Liability of Servicer. The Servicer shall be liable under this Article VI only to the extent of the obligations specifically undertaken by the Servicer in its capacity as Servicer.
Liability of Servicer. The Servicer will be liable under this Article V only to the extent of the obligations specifically undertaken by the Servicer in its capacity as Servicer and as otherwise provided in Section 5.04.
Liability of Servicer. The Servicer, solely in its capacity as Servicer, shall indemnify the Guarantor LP on demand on an after-tax basis for any loss, liability, claim, expense or damage suffered or incurred by the Guarantor LP in respect of the negligence or wilful default of the Servicer in carrying out its functions, as Servicer, under this Agreement or the other Transaction Documents to which it is a party as Servicer to the extent such negligence or wilful default results in a breach by the Servicer of the terms and provisions of this Agreement or the other Transaction Documents in relation to such functions as Servicer. For the avoidance of doubt, the Servicer shall not be liable in respect of any loss, liability, claim, expense or damage suffered or incurred by the Guarantor LP and/or any other Person as a result of the performance by the Servicer of the Services in accordance with the standards of a Reasonable and Prudent Mortgage Lender.
Liability of Servicer. 55 SECTION 12.2. Merger or Consolidation of, or Assumption of the Obligations of, the Servicer...............................................................................55 SECTION 12.3. Limitation on Liability of Servicer and Others..........................56 SECTION 12.4.
Liability of Servicer. Notwithstanding any Subservicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between Servicer and a Subservicer or reference to actions taken through a Subservicer or otherwise, Servicer shall remain obligated and primarily liable to Owner for the servicing and administering of the Mortgage Loans in accordance with the provisions of Section 4.01 without diminution of such obligation or liability by virtue of such Subservicing Agreements or arrangements or by virtue of indemnification from the Subservicer and to the same extent and under the same terms and conditions as if Servicer alone were servicing and administering the Mortgage Loans. Servicer shall be entitled to enter into any agreement with a Subservicer for indemnification of Servicer by such Subservicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification.
Liability of Servicer. (a) The Servicer shall indemnify each of the Issuer and the Security Trustee on demand on an after-tax basis for any losses, liabilities, claims, expenses (including any amounts in respect of applicable Irrecoverable VAT in relation thereto) or damages (for the purposes of this Clause 3.4, a Loss) suffered or incurred by any of them in respect of the negligence, fraud or wilful default of the Servicer or any of its sub-contractors or delegates, in carrying out its functions as Servicer under this Agreement or the other Transaction Documents or as a result of a breach by the Servicer of the terms and provisions of this Agreement or the other Transaction Documents in relation to such functions.
(b) The Servicer shall not have any liability for any obligation of a Borrower under any Loan or any Related Security and nothing herein shall constitute a guarantee, or similar obligation, by the Servicer of any Loan or any Borrower.
(c) The Servicer shall not have any liability for the obligations of the Issuer:
(i) under any of the Transaction Documents or otherwise; or
(ii) in respect of any payment due and payable by the Issuer, and nothing herein shall constitute a guarantee, or similar obligation, by the Servicer of the Issuer in any respect thereof.
(d) The Servicer shall not be liable in respect of any Loss suffered or incurred by the Issuer and/or the Security Trustee and/or any other person as a result of the proper performance of the Services by the Servicer in carrying out its functions as Servicer under this Agreement or the other Transaction Documents save where such Loss is suffered or incurred as a result of any negligence, fraud or wilful default of the Servicer or as a result of a breach by the Servicer of the terms and provisions of this Agreement or the other Transaction Documents in relation to such functions.
(e) Subject to Clause 3.4(f), in the event that the Servicer is rendered unable to carry out its obligations under this Agreement by electricity power-cuts, computer software, hardware or system failure, strikes, lock-outs, sit-ins, industrial disturbances, earthquakes, storms, fire, flood, acts of God, insurrections, riots, epidemics, war, civil disturbances, governmental directions or regulations, or any other circumstances beyond its control, the Servicer shall not be liable for any failure to carry out its obligations under this Agreement which are affected by the event in question and, for so long as such circumstances continue, shall ...
