Common use of Limitation on Liability of Master Servicer Clause in Contracts

Limitation on Liability of Master Servicer. Neither the Master Servicer nor any director, officer, employee or agent of the Master Servicer shall be under any liability to the Trustee, the Servicer, the Certificate Insurer, the Owners or any other Person for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer or any such Person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in its performance of its duties or by reason of reckless disregard for its obligations and duties under this Agreement. The Master Servicer and any director, officer, employee or agent of the Master Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Contimortgage Home Equity Trust 1999-1), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp), Pooling and Servicing Agreement (Contisecurities Asset Funding Corp)

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Limitation on Liability of Master Servicer. Neither the Master Servicer nor any directorother the directors, officerofficers, employee employees or agent agents of the Master Servicer shall be under any liability to the Grantor Trustee, the Indenture Trustee, the Servicer, the Certificate Securities Insurer, the Owners Noteholders or any other Person for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer or any such Person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in its performance of its duties or by reason of reckless disregard for its obligations and duties under this Agreement. The Master Servicer and any directordirectors, officer, employee or agent of the Master Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998 3)

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Limitation on Liability of Master Servicer. Neither the Master Servicer nor any director, officer, employee or agent of the Master Servicer shall be under any liability to the Grantor Trustee, the Indenture Trustee, the Servicer, the Certificate Insurer, the Owners Noteholders or any other Person for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement, or for errors in judgment; providedPROVIDED, howeverHOWEVER, that this provision shall not protect the Master Servicer or any such Person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in its performance of its duties or by reason of reckless disregard for its obligations and duties under this Agreement. The Master Servicer and any director, officer, employee or agent of the Master Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Painewebber Mort Accept Corp Iv Empire Funding 1999-1)

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