Common use of Limitation of Liability; Indemnification of the Bank Clause in Contracts

Limitation of Liability; Indemnification of the Bank. The Sellers and the Buyer hereby agree that (a) the Bank is released from any and all liabilities to the Sellers and the Buyer arising from the terms of this Agreement and the compliance of the Bank with the terms hereof, except to the extent that such liabilities arise from the Bank's bad faith, willful misconduct or gross negligence and (b) the Sellers, their respective successors and assigns shall at all times indemnify and save harmless the Bank from and against any loss, liability or expense incurred without bad faith, willful misconduct or gross negligence on the part of the Bank, its officers, directors and agents, arising out of or in connection with the execution and performance of this Agreement or the maintenance of the Collection Account, including the costs and expenses of defending themselves against any claim or liability in connection with the performance of any of their powers or duties hereunder, until the termination of this Agreement.

Appears in 2 contracts

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.), Master Repurchase Agreement (MortgageIT Holdings, Inc.)

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Limitation of Liability; Indemnification of the Bank. The Sellers Seller and the Buyer hereby agree that (a) the Bank is released from any and all liabilities to the Sellers Seller and the Buyer arising from the terms of this Agreement and the compliance of the Bank with the terms hereof, except to the extent that such liabilities arise from the Bank's ’s bad faith, willful misconduct or gross negligence and (b) the SellersSeller, their respective its successors and assigns shall at all times indemnify and save harmless the Bank from and against any loss, liability or expense incurred without bad faith, willful misconduct or gross negligence on the part of the Bank, its officers, directors and agents, arising out of or in connection with the execution and performance of this Agreement or the maintenance of the Collection Account, including the costs and expenses of defending themselves against any claim or liability in connection with the performance of any of their powers or duties hereunder, until the termination of this Agreement.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Homebanc Corp), Master Repurchase Agreement (Homebanc Corp)

Limitation of Liability; Indemnification of the Bank. The Sellers Seller and the Buyer hereby agree that (a) the Bank is released from any and all liabilities to the Sellers Seller and the Buyer arising from the terms of this Agreement and the compliance of the Bank with the terms hereof, except to the extent that such liabilities arise from the Bank's ’s bad faith, willful misconduct or gross negligence and (b) the SellersSeller, their respective its successors and assigns shall at all times indemnify and save harmless the Bank from and against any loss, liability or expense incurred without bad faith, willful misconduct or gross negligence on the part of the Bank, its officers, directors and agents, arising out of or in connection with the execution and performance of this Agreement or the maintenance of the Collection Cash Account, including the costs and expenses of defending themselves against any claim or liability in connection with the performance of any of their powers or duties hereunder, until the termination of this Agreement.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Homebanc Corp), Master Repurchase Agreement (Homebanc Corp)

Limitation of Liability; Indemnification of the Bank. The Sellers Seller and the Buyer hereby agree that (a) the Bank is released from any and all liabilities to the Sellers Seller and the Buyer arising from the terms of this Agreement and the compliance of the Bank with the terms hereof, except to the extent that such liabilities arise from the Bank's ’s bad faith, willful misconduct or gross negligence and (b) the SellersSeller, their respective its successors and assigns shall at all times indemnify and save harmless the Bank from and against any loss, liability or expense incurred without bad faith, willful misconduct or gross negligence on the part of the Bank, its officers, directors and agents, arising out of or in connection with the execution and performance of this Agreement or the maintenance of the Collection Account, including the costs and expenses of defending themselves against any claim or liability in connection with the performance of any of their powers or duties hereunder, until the termination of this Agreement.

Appears in 2 contracts

Samples: Master Repurchase Agreement (First NLC Financial Services Inc), Master Repurchase Agreement (WMC Finance Co)

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Limitation of Liability; Indemnification of the Bank. The Sellers Seller and the Buyer hereby agree that (a) the Bank is released from any and all liabilities to the Sellers Seller and the Buyer arising from the terms of this Agreement and the compliance of the Bank with the terms hereof, except to the extent that such liabilities arise from the Bank's ’s bad faith, willful misconduct or gross negligence and (b) the SellersSeller, their respective its successors and assigns shall at all times indemnify and save harmless the Bank from and against any loss, liability or expense incurred without bad faith, willful misconduct or gross negligence on the part of the Bank, its officers, directors and agents, arising out of or in connection with the execution and performance of this Agreement or the maintenance of the Collection Account, including the costs and expenses of defending themselves against any claim or liability in connection with the performance of any of their powers or duties hereunder, until the termination of this Agreement.

Appears in 1 contract

Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)

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