Common use of Liability of Servicer Clause in Contracts

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 be relieved of its obligations under this Agreement which are affected by the event in question without liability provided that this Clause 3.4(e) shall not apply: (i) if any such event arose as a result of the fraud, negligence or wilful default of the Servicer; (ii) if the event in question is an electricity power-cut and at the time of such electricity power- cut the Servicer does not have a back-up generator in place (provided that the Servicer shall not be liable if it does have such a back-up generator in place but there is a failure of such back-up generator); or (iii) if the event in question is a computer software, hardware or systems failure and at the time of such failure, the Servicer does not have equivalent back-up computer software, hardware or systems in place (provided that the Servicer shall not be liable if it does have such equivalent back-up computer software, hardware and systems in place but there is a failure of such equivalent back-up computer software, hardware or systems). (f) The Servicer shall, notwithstanding that it is relieved from its obligations pursuant to this Clause 3.4, take all reasonable steps available to it to procure that any event described in Clause 3.4

Liability of Servicer. (a) The Servicer shall indemnify each of the Issuer and the Security Trustee on demand on an after-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 be relieved of its obligations under this Agreement which are affected affec xxx by the event in question without liability provided that this Clause 3.4(e) shall not apply: (i) if any such event arose as a result of the fraud, negligence or wilful default of the Servicer; (ii) if the event in question is an electricity power-cut and at the time of such electricity power- power - cut the Servicer does not have a back-up generator in place (provided that the Servicer shall not be liable if it does have such a back-up generator in place but there is a failure of such back-up generator); or (iii) if the event in question is a computer software, hardware or systems failure and at the time of such failure, the Servicer does not have equivalent back-up computer software, hardware or systems in place (provided that the Servicer shall not be liable if it does have such equivalent back-up computer software, hardware and systems in place but there is a failure of such equivalent back-up computer software, hardware or systems). (f) The Servicer shall, notwithstanding that it is relieved from its obligations pursuant to this Clause 3.4, take all reasonable steps available to it to procure that any event described in Clause 3.4

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.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 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.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, 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 be relieved of its obligations under this Agreement which are affected by the event in question without liability provided that this Clause 3.4(e) shall not apply: (i) if any such event arose as a result of the fraud, negligence or wilful default of the Servicer; (ii) if the event in question is an electricity power-cut and at the time of such electricity power- power-cut the Servicer does not have a back-up generator in place (provided that the Servicer shall not be liable if it does have such a back-up generator in place but there is a failure of such back-up generator); or; (iii) if the event in question is a computer software, hardware or systems failure and at the time of such failure, the Servicer does not have equivalent back-up computer software, hardware or systems in place (provided that the Servicer shall not be liable if it does have such equivalent back-up computer software, hardware and systems in place but there is a failure of such equivalent back-up computer software, hardware or systems).; or (iv) if any such event arose as a result of the on-going Covid-19 pandemic.‌ (f) The Servicer shall, notwithstanding that it is relieved from its obligations pursuant to this Clause 3.4, take all reasonable steps available to it to procure that any event described in Clause 3.4