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

Limitation of Liability of the Administrator; Indemnification. Notwithstanding anything herein to the contrary, this Agreement has been signed by Xxxxx Fargo Bank, National Association, not in its individual capacity but solely in its capacity as Administrator and in no event shall the Administrator in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. The Administrator shall not have any duties or obligations other than those expressly set forth in this Agreement, and no implied duties on its part shall be read into this Agreement. In acting as Administrator, Xxxxx Fargo Bank, National Association shall be entitled to the same benefits, rights, immunities, protections and rights to indemnification as are afforded to the Indenture Trustee under Article VI (including without limitation Section 6.07) of the Indenture.

Appears in 3 contracts

Samples: Administration Agreement (MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5), Administration Agreement (MORTGAGEIT TRUST 2005-1, Mortgage-Backed Notes, Series 2005-1), Administration Agreement (Mortgageit Trust 2004-2, Mortgage-Backed Notes, Series 2004-2)

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Limitation of Liability of the Administrator; Indemnification. Notwithstanding anything herein to the contrary, this Agreement has been signed by Xxxxx Fargo Bank, National Association, not in its individual capacity but solely in its capacity as Administrator Administrator, and in no event shall the Administrator Xxxxx Fargo Bank, National Association, in its individual capacity capacity, have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. The Administrator shall not have any duties or obligations other than those expressly set forth in this Agreement, and no implied duties on its part shall be read into this Agreement. In acting as Administrator, Xxxxx Fargo Bank, National Association Association, shall be entitled to the same benefits, rights, immunities, protections and rights to indemnification as are afforded to the Indenture Trustee Securities Administrator under Article VI (including without limitation Section 6.07) of the Indenture.

Appears in 3 contracts

Samples: Administration Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4), Administration Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Administration Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)

Limitation of Liability of the Administrator; Indemnification. Notwithstanding anything herein to the contrary, this Agreement has been signed by Xxxxx Fargo Bank, U.S. Bank National Association, Association not in its individual capacity but solely in its capacity as Administrator and in no event shall the Administrator in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. The Administrator shall not have any duties or obligations other than those expressly set forth in this Agreement, and no implied duties on its part shall be read into this Agreement. In acting as Administrator, Xxxxx Fargo Bank, U.S. Bank National Association shall be entitled to the same benefits, rights, immunities, protections and rights to indemnification as are afforded to the Indenture Trustee under Article VI (including without limitation Section 6.07) of the Indenture.

Appears in 2 contracts

Samples: Administration Agreement (Structured Asset Mortgage Investments II Inc., HomeBanc Mortgage Trust 2004-2), Administration Agreement (Homebanc Mortgage Trust 2004-1)

Limitation of Liability of the Administrator; Indemnification. Notwithstanding anything herein to the contrary, this Agreement has been signed by Xxxxx Wells Fargo Bank, National Association, not in its individual capacity but solely in its capacity as Administrator and in no event shall the Administrator in its individual capacity have any liability for the representationstxx xxpresentations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. The Administrator shall not have any duties or obligations other than those expressly set forth in this Agreement, and no implied duties on its part shall be read into this Agreement. In acting as Administrator, Xxxxx Wells Fargo Bank, National Association shall be entitled to the same benefits, rights, immunities, protections and rights to indemnification as are afforded to the Indenture Trustee under Article VI (including without includxxx xithout limitation Section 6.07) of the Indenture.

Appears in 2 contracts

Samples: Administration Agreement (MORTGAGEIT TRUST 2005-4, Mortgage-Backed Notes, Series 2005-4), Administration Agreement (MORTGAGEIT TRUST 2005-3, Mortgage-Backed Notes, Series 2005-3)

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Limitation of Liability of the Administrator; Indemnification. Notwithstanding anything herein to the contrary, this Agreement has been signed by Xxxxx Wxxxx Fargo Bank, National Association, not in its individual capacity but solely in its capacity as Administrator and in no event shall the Administrator in its individual capacity have any liability for the representations, warranties, covenants, agreements or other obligations of the Issuer hereunder, as to all of which recourse shall be had solely to the assets of the Issuer. The Administrator shall not have any duties or obligations other than those expressly set forth in this Agreement, and no implied duties on its part shall be read into this Agreement. In acting as Administrator, Xxxxx Wxxxx Fargo Bank, National Association shall be entitled to the same benefits, rights, immunities, protections and rights to indemnification as are afforded to the Indenture Trustee under Article VI (including without limitation Section 6.07) of the Indenture.

Appears in 1 contract

Samples: Administration Agreement (MORTGAGEIT TRUST 2005-2, Mortgage-Backed Notes, Series 2005-2)

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