Limitation on Liability of the Company and Others. (a) Neither the Company nor any of the directors, officers, employees or agents of the Company shall be under any liability to the Owner Trustee, the Indenture Trustee, the Certificateholders or the Noteholders 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; notwithstanding anything herein to the contrary, no party to this Agreement shall have any recourse against the Company for any actions taken, or failed to be taken, by the Company. (b) The Company and any director, officer, employee or agent of the Company 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. (c) The Company shall not be under any obligation to appear in, prosecute or defend any legal action which arises under this Agreement.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Cit Group Securitization Corp Ii), Sale and Servicing Agreement (Cit Group Securitization Corp Ii), Sale and Servicing Agreement (Cit Marine Trust 1999-A)
Limitation on Liability of the Company and Others. (a) Neither the Company nor any of the directors, officers, employees or agents of the Company shall be under any liability to the Owner Trustee, the Indenture Trustee, Trustee or the Certificateholders or the Noteholders 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; notwithstanding anything herein to the contrary, no party to this Agreement shall have any recourse against the Company for any actions taken, or failed to be taken, by the Company.
(b) The Company and any director, officer, employee or agent of the Company 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.
(c) The Company shall not be under any obligation to appear in, prosecute or defend any legal action which arises under this Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Cit Home Equity Loan Trust 1997-1), Pooling and Servicing Agreement (Cit Group Securitization Corp Iii)