Common use of Liability of the RMBS Servicer Clause in Contracts

Liability of the RMBS Servicer. (a) Notwithstanding any Subservicing Agreement, any of the provisions of this RMBS Servicing Agreement relating to agreements or arrangements between the RMBS Servicer and a Subservicer or reference to actions taken through a Subservicer or otherwise, the RMBS Servicer shall under all circumstances remain obligated and primarily liable to the Indenture Trustee, the Issuer, the Note Insurer and the Noteholders for the servicing and administering of the Mortgage Loans and any REO Property in accordance with this RMBS Servicing Agreement. The obligations and liability of the RMBS Servicer shall not be diminished by virtue of Subservicing Agreements or by virtue of indemnification of the RMBS Servicer by any Subservicer, or any other Person. The obligations and liability of the RMBS Servicer shall remain of the same nature and under the same terms and conditions as if the RMBS Servicer alone were servicing and administering the related Mortgage Loans. The RMBS Servicer shall, however, be entitled to enter into indemnification agreements with any Subservicer or other Person and nothing in this RMBS Servicing Agreement shall be deemed to limit or modify such indemnification. For the purposes of this RMBS Servicing Agreement, the RMBS Servicer shall be deemed to have received any payment on a Mortgage Loan on the date the Subservicer received such payment; provided, however, that this sentence shall not apply to the RMBS Master Servicer as the successor RMBS Servicer. Any Subservicing Agreement that may be entered into and any transactions or services relating to the Mortgage Loans involving a Subservicer in its capacity as such shall be deemed to be between the Subservicer and the RMBS Servicer alone, and none of the RMBS Master Servicer, the Indenture Trustee, the Issuer, the Note Insurer or the Noteholders shall be deemed a party thereto and shall have no claims, rights, obligations, duties or liabilities with respect to the Subservicer except as set forth in Section 3.05.

Liability of the RMBS Servicer. (a) Notwithstanding any Subservicing Agreement, any of the provisions of this RMBS Servicing Agreement relating to agreements or arrangements between the RMBS Servicer and a Subservicer or reference to actions taken through a Subservicer or otherwise, the RMBS Servicer shall under all circumstances remain obligated and primarily liable to the Indenture Trustee, the Issuer, the Note Insurer Issuing Entity and the Noteholders for the servicing and administering of the Mortgage Loans and any REO Property in accordance with this RMBS Servicing Agreement. The obligations and liability of the RMBS Servicer shall not be diminished by virtue of Subservicing Agreements or by virtue of indemnification of the RMBS Servicer by any Subservicer, or any other Person. The obligations and liability of the RMBS Servicer shall remain of the same nature and under the same terms and conditions as if the RMBS Servicer alone were servicing and administering the related Mortgage Loans. The RMBS Servicer shall, however, be entitled to enter into indemnification agreements with any Subservicer or other Person and nothing in this RMBS Servicing Agreement shall be deemed to limit or modify such indemnification. For the purposes of this RMBS Servicing Agreement, the RMBS Servicer shall be deemed to have received any payment on a Mortgage Loan on the date the Subservicer received such payment; provided, however, that this sentence shall not apply to the RMBS Master Servicer as the successor RMBS Servicer. Any Subservicing Agreement that may be entered into and any transactions or services relating to the Mortgage Loans involving a Subservicer in its capacity as such shall be deemed to be between the Subservicer and the RMBS Servicer alone, and none of the RMBS Master Servicer, the Indenture Trustee, the Issuer, the Note Insurer Issuing Entity or the Noteholders shall be deemed a party thereto and shall have no claims, rights, obligations, duties or liabilities with respect to the Subservicer except as set forth in Section 3.05.

Liability of the RMBS Servicer. (a) Notwithstanding any Subservicing Agreement, any of the provisions of this RMBS Servicing Agreement relating to agreements or arrangements between the RMBS Servicer and a Subservicer or reference to actions taken through a Subservicer or otherwise, the RMBS Servicer shall under all circumstances remain obligated and primarily liable to the Indenture Trustee, the Issuer, the Note Insurer Issuer and the Noteholders for the servicing and administering of the Mortgage Loans and any REO Property in accordance with this RMBS Servicing Agreement. The obligations and liability of the RMBS Servicer shall not be diminished by virtue of Subservicing Agreements or by virtue of indemnification of the RMBS Servicer by any Subservicer, or any other Person. The obligations and liability of the RMBS Servicer shall remain of the same nature and under the same terms and conditions as if the RMBS Servicer alone were servicing and administering the related Mortgage Loans. The RMBS Servicer shall, however, be entitled to enter into indemnification agreements with any Subservicer or other Person and nothing in this RMBS Servicing Agreement shall be deemed to limit or modify such indemnification. For the purposes of this RMBS Servicing Agreement, the RMBS Servicer shall be deemed to have received any payment on a Mortgage Loan on the date the Subservicer received such payment; provided, however, that this sentence shall not apply to the RMBS Master Servicer as the successor RMBS Servicer. Any Subservicing Agreement that may be entered into and any transactions or services relating to the Mortgage Loans involving a Subservicer in its capacity as such shall be deemed to be between the Subservicer and the RMBS Servicer alone, and none of the RMBS Master Servicer, the Indenture Trustee, the Issuer, the Note Insurer Issuer or the Noteholders shall be deemed a party thereto and shall have no claims, rights, obligations, duties or liabilities with respect to the Subservicer except as set forth in Section 3.05.

Liability of the RMBS Servicer. (a) Notwithstanding any Subservicing Agreement, any of the provisions of this RMBS Servicing Agreement relating to agreements or arrangements between the RMBS Servicer and a Subservicer or reference to actions taken through a Subservicer or otherwise, the RMBS Servicer shall under all circumstances remain obligated and primarily liable to the Indenture Trustee, the Issuer, the Note Insurer Issuer and the Noteholders for the servicing and administering of the Mortgage Loans and any REO Property in accordance with this RMBS Servicing Agreement. The obligations and liability of the RMBS Servicer shall not be diminished by virtue of Subservicing Agreements or by virtue of indemnification of the RMBS Servicer by any Subservicer, or any other Person. The obligations and liability of the RMBS Servicer shall remain of the same nature and under the same terms and conditions as if the RMBS Servicer alone were servicing and administering the related Mortgage Loans. The RMBS Servicer shall, however, be entitled to enter into indemnification agreements with any Subservicer or other Person and nothing in this RMBS Servicing Agreement shall be deemed to limit or modify such indemnification. For the purposes of this RMBS Servicing Agreement, the RMBS Servicer shall be deemed to have received any payment on a Mortgage Loan on the date the Subservicer received such payment; provided, however, that this sentence shall not apply to the RMBS Master Servicer as the successor RMBS Servicer. Any Subservicing Agreement that may be entered into and any transactions or services relating to the Mortgage Loans involving a Subservicer in its capacity as such shall be deemed to be between the Subservicer and the RMBS Servicer alone, and none of the RMBS Master Servicer, the Indenture Trustee, the Issuer, the Note Insurer Issuer or the Noteholders shall be deemed a party thereto and shall have no claims, rights, obligations, duties or liabilities with respect to the Subservicer except as set forth in Section 3.05.

Liability of the RMBS Servicer. (a) Notwithstanding any RMBS Subservicing Agreement, any of the provisions of this RMBS Servicing Agreement relating to agreements or arrangements between the RMBS Servicer and a RMBS Subservicer or reference to actions taken through a RMBS Subservicer or otherwise, the RMBS Servicer shall under all circumstances remain obligated and primarily liable to the Indenture Trustee, the Issuer, the Note Insurer Issuer and the Noteholders for the servicing and administering of the Mortgage Loans and any REO Property in accordance with this RMBS Servicing Agreement. The obligations and liability of the RMBS Servicer shall not be diminished by virtue of RMBS Subservicing Agreements or by virtue of indemnification of the RMBS Servicer by any RMBS Subservicer, or any other Person. The obligations and liability of the RMBS Servicer shall remain of the same nature and under the same terms and conditions as if the RMBS Servicer alone were servicing and administering the related Mortgage Loans. The RMBS Servicer shall, however, be entitled to enter into indemnification agreements with any RMBS Subservicer or other Person and nothing in this RMBS Servicing Agreement shall be deemed to limit or modify such indemnification. For the purposes of this RMBS Servicing Agreement, the RMBS Servicer shall be deemed to have received any payment on a Mortgage Loan on the date the RMBS Subservicer received such payment; provided, however, that this sentence shall not apply to the RMBS Master Servicer as the successor RMBS Servicer. Any RMBS Subservicing Agreement that may be entered into and any transactions or services relating to the Mortgage Loans involving a RMBS Subservicer in its capacity as such shall be deemed to be between the RMBS Subservicer and the RMBS Servicer alone, and none of the RMBS Master Servicer, the Indenture Trustee, the Issuer, the Note Insurer Issuer or the Noteholders shall be deemed a party thereto and shall have no claims, rights, obligations, duties or liabilities with respect to the RMBS Subservicer except as set forth in Section 3.05.