Common use of Liability of Servicer; Indemnities Clause in Contracts

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 250 contracts

Samples: Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-3), Sale and Servicing (GM Financial Consumer Automobile Receivables Trust 2024-3), Sale and Servicing (AmeriCredit Automobile Receivables Trust 2024-1)

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Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance with this Agreement only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and Servicer. Such obligations shall include the representations made by the Servicer.following:

Appears in 109 contracts

Samples: Servicing Agreement (Ally Auto Receivables Trust 2024-1), Servicing Agreement (Ally Auto Receivables Trust 2024-1), Servicing Agreement (Ally Auto Receivables Trust 2023-1)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicerunder this Agreement.

Appears in 98 contracts

Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and under this Agreement. Such obligations shall include the representations made by the Servicer.following:

Appears in 45 contracts

Samples: Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1), Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2024-1)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer under this Agreement, and hereby agrees to the representations made by the Servicer.following:

Appears in 32 contracts

Samples: Sale and Servicing Agreement (Mmca Auto Owner Trust 2001 2), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001 2), Sale and Servicing Agreement (Mmca Auto Receivables Trust)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance with this Agreement and the Second Step Receivables Assignment only to the extent of the obligations in this Agreement and the Pooling and Servicing Agreement specifically undertaken by the Servicer and Servicer. Such obligations shall include the representations made by the Servicer.following:

Appears in 27 contracts

Samples: Trust Sale and Servicing Agreement, Sale and Servicing Agreement, Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2016-3)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance with this Agreement and the Second Step Receivables Assignments only to the extent of the obligations in this Agreement and the Pooling and Servicing Agreement specifically undertaken by the Servicer and Servicer. Such obligations shall include the representations made by the Servicer.following:

Appears in 25 contracts

Samples: Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-4), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-4), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-3)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer under this Agreement and the representations made by the Servicershall have no other obligations or liabilities hereunder.

Appears in 23 contracts

Samples: Supplement Agreement (Usaa Acceptance LLC), Form of Sale and Servicing Agreement (Chase Manhattan Bank Usa National Association), Sale and Servicing Agreement (Chase Manhattan Auto Trust 2004-A)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall will be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 12 contracts

Samples: Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC), Sale and Servicing Agreement (Triad Financial Special Purpose LLC)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 8 contracts

Samples: Sale and Servicing (Americredit Automobile Receivables Trust 2005-C-F), Sale and Servicing (AFS SenSub Corp.), Sale and Servicing Agreement (AFS SenSub Corp.)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement and the Security Agreement specifically undertaken by the Servicer and the representations made by the ServicerServicer herein and therein.

Appears in 6 contracts

Samples: Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp), Servicing and Custodian Agreement (Americredit Corp)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder under this Agreement only to the extent of the obligations in this Agreement specifically undertaken by the Servicer it and the representations made by the Servicershall have no other obligations or liabilities hereunder.

Appears in 6 contracts

Samples: Servicing Agreement (Nissan Auto Leasing LLC Ii), Servicing Agreement (Nissan Auto Leasing LLC Ii), Servicing Agreement (Nissan Auto Leasing LLC Ii)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the ServicerServicer in the Basic Documents to which it is a party.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc), Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and herein. Such obligations shall include the representations made by the Servicer.following:

Appears in 5 contracts

Samples: Servicing Agreement (California Independent Bancorp), Pooling and Servicing Agreement (First Sierra Receivables Ii Inc), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer in such capacity under this Agreement and the representations made by the Servicershall have no other obligations or liabilities hereunder.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Chase Auto Owner Trust 2005-B), Sale and Servicing Agreement (Chase Auto Owner Trust 2006-A), Sale and Servicing Agreement (JPMorgan Chase Bank, National Association)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as suchsuch and, in the case of Vendor Services, without limitation of its obligations under the Transfer Agreement) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 5 contracts

Samples: Contribution and Servicing Agreement (Green Tree Lease Finance 1998-1 LLC), Contribution and Servicing Agreement (Conseco Finance Lease 2000-1 LLC), Contribution and Servicing Agreement (Green Tree Lease Finance 1998-1 LLC)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and under the representations made by the Servicer.Agreement:

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2), Nationscredit Securitization Corp

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.Servicer and to the extent not covered in Section 3.04 (Indemnification) of the Insurance Agreement;

Appears in 4 contracts

Samples: Sale and Servicing (TFC Enterprises Inc), Sale and Servicing Agreement (TFC Enterprises Inc), Sale and Servicing (TFC Enterprises Inc)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement and the other Transaction Documents specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 4 contracts

Samples: Receivables Financing Agreement (Americredit Corp), Receivables Financing Agreement (Arcadia Financial LTD), Receivables Financing Agreement (Americredit Financial Services of Canada LTD)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance with this Agreement and the Second Step Receivables Assignment[s] only to the extent of the obligations in this Agreement and the Pooling and Servicing Agreement specifically undertaken by the Servicer and Servicer. Such obligations shall include the representations made by the Servicer.following:

Appears in 4 contracts

Samples: Trust Sale and Servicing Agreement (Capital Auto Receivables LLC), Trust Sale and Servicing Agreement (Capital Auto Receivables LLC), Trust Sale and Servicing Agreement (Capital Auto Receivables LLC)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance with this Agreement only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and Servicer. Such obligations shall include (but are not limited to) the representations made by the Servicer.following:

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Alliance Laundry Systems LLC), Pooling and Servicing Agreement (Alliance Laundry Systems LLC), Pooling and Servicing Agreement (Alliance Laundry Holdings LLC)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement and the other Transaction Documents to which it is a party specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Bay View Capital Corp), Sale and Servicing Agreement (Americredit Corp), Sale and Servicing Agreement (Bay View Capital Corp)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer under the Agreement and the representations made by the Servicershall have no other obligations or liabilities hereunder.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Usaa Federal Savings Bank)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the ServicerServicer under this Agreement, including its duties as custodian of the Receivable Files.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB), Sale and Servicing Agreement (Chevy Chase Bank FSB), Sale and Servicing Agreement (Chevy Chase Bank FSB)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Painewebber Asset Acceptance Corp), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC), Servicing Agreement (Firstcity Financial Corp)

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Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicerunder this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp), Pooling and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and under the representations made by Agreement. Such obligations shall include the Servicer.following:

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-4), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer or the Seller under this Agreement and the representations made by the Servicershall have no other obligations or liabilities hereunder.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Fidelity Leasing Inc), Sale and Servicing Agreement (Fidelity Leasing Inc)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance with this Agreement only to the extent of the obligations in this Agreement and the Pooling and Servicing Agreement specifically undertaken by the Servicer and in its capacity as Servicer. Such obligations shall include the representations made by the Servicer.following:

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1), Trust Sale and Servicing Agreement (Wholesale Auto Receivables Corp)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.;

Appears in 1 contract

Samples: Funding and Servicing Agreement (Arcadia Financial LTD)

Liability of Servicer; Indemnities. (a1) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Liability of Servicer; Indemnities. (a) . The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing Agreement (AFS SenSub Corp.)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.;

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.under this Agreement:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Group Inc)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance with this Agreement only to the extent of the obligations in this Agreement and the Pooling and Servicing Agreement specifically undertaken by the Servicer and Servicer. Such obligations shall include the representations made by the Servicer.following:

Appears in 1 contract

Samples: Trust Sale and Servicing Agreement (Capital Auto Receivables Inc)

Liability of Servicer; Indemnities. (ai) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.

Appears in 1 contract

Samples: Sale and Servicing (Consumer Portfolio Services Inc)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the ServicerServicer under this Agreement, including its duties as custodian of the Receivable Files.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicer.;

Appears in 1 contract

Samples: Receivables Financing Agreement (Acc Consumer Finance Corp)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the Servicerunder this Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Corp)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations made by the ServicerServicer in the Loan Documents to which it is a party.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Liability of Servicer; Indemnities. (a) The Servicer (in its capacity as such) shall be liable hereunder only to the extent of the obligations in this Agreement specifically undertaken by the Servicer and the representations representations, warranties and covenants made by the Servicer.

Appears in 1 contract

Samples: Securities Funding Agreement (Union Acceptance Corp)

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