Common use of Limitation on Liability of the Master Servicer and Others Clause in Contracts

Limitation on Liability of the Master Servicer and Others. Neither the Master Servicer nor any of the directors, officers, employees or agents of the Master Servicer shall be under any liability to the Indenture Trustee, the Note Insurer, the Noteholders or the Certificateholders 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. The Master Servicer shall be under no obligation to appear in, prosecute or defend any legal action that is not incidental to its duties to master service the Home Loans in accordance with this Agreement and that in its opinion may involve it in any expenses or liability. Neither the Master Servicer nor the Indenture Trustee shall be liable for any acts or omissions of the Servicer. In particular, neither the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors or interruption in servicing resulting from any failure of the Servicer to maintain computer and other information systems that are year-2000 compliant.

Limitation on Liability of the Master Servicer and Others. (a) Neither the Master Servicer nor any of the directors, officers, employees or agents of the Master Servicer shall be under any liability to the Indenture Trustee, the Note Insurer, the Noteholders or the Certificateholders Purchaser for any action taken or for refraining from the taking of any action in good faith and without gross negligence pursuant to this Agreement, Master Agreement or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer or any such person Person against any breach of warranties or representations made herein or any liability that which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in its the performance of its duties or by reason of reckless disregard for its obligations and duties under this Agreementhereunder. 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. The Master Servicer and any director, officer, employee or agent of the Master Servicer shall be under no obligation to appear inindemnified by the Purchaser and held harmless by the Purchaser against any loss, prosecute liability or defend expense incurred in connection with any legal action that is not incidental relating to its duties to master service this Master Agreement, the Home Loans in accordance with this Agreement and that in its opinion may involve it in any expenses transactions contemplated hereby or liability. Neither thereby, the Master Servicer nor Servicer's duties in connection therewith, other than any unrecovered Servicing Fee or Servicing Advance related to any specific Qualified Loan or Qualified Loans and any loss, liability or expense incurred by reason of willful misfeasance, bad faith or gross negligence in the Indenture Trustee shall be liable for any acts or omissions performance of the Servicer. In particular, neither the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors or interruption in servicing resulting from any failure of the Servicer to maintain computer and other information systems that are year-2000 compliantduties hereunder.

Limitation on Liability of the Master Servicer and Others. (a) Neither the Master Servicer nor any of the directors, officers, employees or agents of the Master Servicer shall be under any liability to the Indenture Trustee, the Note Insurer, the Noteholders or the Certificateholders Purchaser for any action taken or for refraining from the taking of any action in good faith and without gross negligence pursuant to this Agreement, Master Agreement or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer or any such person Person against any breach of warranties or representations made herein or any liability that which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in its the performance of its duties or by reason of reckless disregard for its obligations and duties under this Agreementhereunder. 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. The Master Servicer and any director, officer, employee or agent of the Master Servicer shall be under no obligation to appear inindemnified by the Purchaser and held harmless by the Purchaser against any loss, prosecute liability or defend expense incurred in connection with any legal action that is not incidental relating to its duties to master service this Master Agreement, the Home Loans in accordance with this Agreement and that in its opinion may involve it in any expenses transactions contemplated hereby or liability. Neither thereby, the Master Servicer nor Servicer’s duties in connection therewith, other than any unrecovered Servicing Fee or Servicing Advance related to any specific Qualified Loan or Qualified Loans and any loss, liability or expense incurred by reason of willful misfeasance, bad faith or gross negligence in the Indenture Trustee shall be liable for any acts or omissions performance of the Servicer. In particular, neither the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors or interruption in servicing resulting from any failure of the Servicer to maintain computer and other information systems that are year-2000 compliantduties hereunder.

Limitation on Liability of the Master Servicer and Others. Neither the Master Servicer nor any of the directors, officers, employees or agents of the Master Servicer shall be under any liability to the Indenture TrusteeTrust, the Note Insurer, the Noteholders Trustee or the Certificateholders 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. The Master Servicer shall be under no obligation to appear in, prosecute or defend any legal action that is not incidental to its duties to master service the Home Mortgage Loans in accordance with this Agreement and that in its opinion may involve it in any expenses or liability. Neither ; provided, however, that the Master Servicer nor may in its sole discretion undertake any such action that it may deem necessary or desirable in respect of this Agreement and the Indenture Trustee rights and duties of the parties hereto and the interests of the Certificateholders hereunder. In such event, the legal expenses and costs of such action and any liability resulting therefrom shall be liable for any acts or omissions expenses, costs and liabilities of the Servicer. In particular, neither Trust Fund and the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors or interruption in servicing resulting from any failure entitled to be reimbursed therefor out of the Servicer to maintain computer and other information systems that are year-2000 compliantDistribution Account.

Limitation on Liability of the Master Servicer and Others. Neither the Master Servicer nor any of the directors, officers, directors or officers or employees or agents of the Master Servicer shall be under any liability to the Indenture Trustee, the Note Insurer, the Noteholders Trust or the Certificateholders for any action taken or for refraining from the taking of any action by the Master Servicer 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 Person against any liability that which would otherwise be imposed by reason of its willful misfeasance, bad faith or negligence in its the performance of its duties of the Master Servicer or by reason of its reckless disregard for of its obligations and duties under of the Master Servicer hereunder; provided, further, that this Agreementprovision shall not be construed to entitle the Master Servicer to indemnity in the event that amounts advanced by the Master Servicer to retire any senior lien exceed Net Liquidation Proceeds realized with respect to the related Home Equity Loan. The preceding sentence shall not limit the obligations of the Master Servicer pursuant to Section 9.05. The Master Servicer and any director, officer, director or officer or 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. The Master Servicer and any director or officer or employee or agent of the Master Servicer shall be under no obligation to appear inindemnified by the Trust and held harmless against any loss, prosecute liability or defend expense incurred in connection with any legal action that is not incidental relating to its duties to master service the Home Loans in accordance with this Agreement and that in its opinion may involve it in any expenses or liability. Neither the Master Servicer nor the Indenture Trustee shall be liable for any acts or omissions of the Servicer. In particular, neither the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors or interruption in servicing resulting from any failure of the Servicer to maintain computer and other information systems that are year-2000 compliant.this

Limitation on Liability of the Master Servicer and Others. Neither the Master Servicer nor any of the directors, officers, directors or officers or employees or agents of the Master Servicer shall be under any liability to the Issuer, the Owner Trustee, the Indenture Trustee, the Note Insurer, Insurer or the Noteholders or the Certificateholders for any action taken or for refraining from the taking of any action in good faith pursuant to this Servicing Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer or any such person Person against any liability that which would otherwise be imposed by reason of its willful misfeasance, bad faith or negligence in its the performance of its duties hereunder or by reason of its reckless disregard for of its obligations and duties under this Agreementhereunder. The Master Servicer and any director, officer, director or officer or 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. The Master Servicer and any director or officer or employee or agent of the Master Servicer shall be under no obligation to appear inindemnified by the Issuer and held harmless against any loss, prosecute liability or defend expense incurred in connection with any legal action that is not incidental relating to its duties this Servicing Agreement or the Notes, including any amount paid to master service the Home Loans in accordance with this Agreement and that in its opinion may involve it in any expenses Owner Trustee or liability. Neither the Master Servicer nor the Indenture Trustee shall be liable for pursuant to Section 5.06(b), other than any acts loss, liability or omissions of the Servicer. In particular, neither the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors or interruption in servicing resulting from any failure of the Servicer to maintain computer and other information systems that are year-2000 compliant.expense related to

Limitation on Liability of the Master Servicer and Others. Neither the Master Servicer nor any of the its directors, officers, employees or agents of the Master Servicer shall be under any liability to the Indenture Issuer, the Owner Trustee, the Note Insurer, the Noteholders Indenture Trustee or the Certificateholders Securityholders 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 Person against any liability that would otherwise be imposed on it by reason of its willful misfeasance, bad faith or gross negligence in its the performance of its duties hereunder or by reason of its reckless disregard for its obligations and duties under this Agreementthereof. The Master Servicer and any director, officer, employee or agent of the Master Servicer thereof 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. The Master Servicer and any director, officer, employee or agent thereof shall be under no obligation indemnified by the Issuer and held harmless against any loss, liability or expense incurred in connection with any Proceeding relating to appear in, prosecute or defend any legal action that is not incidental to its duties to master service the Home Loans in accordance with this Agreement and that in its opinion may involve it in or the Securities, including any expenses or liability. Neither the Master Servicer nor amount paid to the Indenture Trustee pursuant to Section 6.06(b), other than any loss, liability or expense incurred by reason of its willful misfeasance, bad faith or gross negligence in the performance of its duties hereunder or by reason of its reckless disregard thereof and shall be liable for any acts or omissions of the Servicer. In particular, neither the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors or interruption in servicing resulting from any failure of the Servicer entitled to maintain computer and other information systems that are year-2000 compliant.reimbursement therefor pursuant to Section 3.05(a)(xiii)

Limitation on Liability of the Master Servicer and Others. Neither the Master Servicer nor any of the its directors, officers, employees or agents of the Master Servicer shall be under any liability to the Indenture Issuer, the Owner Trustee, the Note Insurer, the Noteholders Indenture Trustee or the Certificateholders Securityholders 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 Person against any liability that would otherwise be imposed on it by reason of its willful misfeasance, bad faith or gross negligence in its the performance of its duties hereunder or by reason of its reckless disregard for its obligations and duties under this Agreementthereof. The Master Servicer and any director, officer, employee or agent of the Master Servicer thereof 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. The Master Servicer and any director, officer, employee or agent thereof shall be under no obligation indemnified by the Issuer and held harmless against any loss, liability or expense incurred in connection with any Proceeding relating to appear in, prosecute or defend any legal action that is not incidental to its duties to master service the Home Loans in accordance with this Agreement and that in its opinion may involve it in or the Securities, including any expenses or liability. Neither the Master Servicer nor amount paid to the Indenture Trustee shall be liable for pursuant to Section 6.06(b), other than any acts loss, liability or omissions expense incurred by reason of its willful misfeasance, bad faith or gross negligence in the Servicer. In particular, neither the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors performance of its duties hereunder or interruption in servicing resulting from any failure by reason of the Servicer to maintain computer and other information systems that are year-2000 compliant.its reckless disregard

Limitation on Liability of the Master Servicer and Others. Neither the Master Servicer nor any of the directors, officers, employees or agents of the Master Servicer shall be under any liability to the Indenture Trustee, the Note Insurer, the Noteholders Trustee or the Certificateholders 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. The Master Servicer shall be under no obligation to appear in, prosecute or defend any legal action that is not incidental to its duties to master service the Home Mortgage Loans in accordance with this Agreement and that in its opinion may involve it in any expenses or liability. Neither ; provided, however, that the Master Servicer nor may in its sole discretion undertake any such action that it may deem necessary or desirable in respect of this Agreement and the Indenture Trustee rights and duties of the parties hereto and the interests of the Certificateholders hereunder. In such event, the legal expenses and costs of such action and any liability resulting therefrom shall be liable for any acts or omissions expenses, costs and liabilities of the Servicer. In particular, neither Trust Fund and the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors or interruption in servicing resulting from any failure entitled to be reimbursed therefor out of the Servicer to maintain computer and other information systems that are year-2000 compliantDistribution Account.

Limitation on Liability of the Master Servicer and Others. Neither None of the Master Servicer nor Servicer, the Seller, or any of the directorsdirector, officersofficer, employees employee or agents agent of the Master Servicer or the Seller shall be under any liability to the Indenture Trustee, the Note Insurer, the Noteholders Trust or the Certificateholders for any action taken or for refraining from the taking of any action by the Master Servicer or the Seller, as applicable, in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer Servicer, the Seller or any such person against any liability that which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in its the performance of its duties or by reason of reckless disregard for its of obligations and duties under hereunder, and that this Agreementprovision shall not be construed to entitle the Master Servicer to indemnity in the event that amounts advanced by the Master Servicer to retire any senior Lien exceed Net Liquidation Proceeds realized with respect to the related Mortgage Loan. The Master Servicer Servicer, the Seller and any director, officer, employee or agent of the Master Servicer or the Seller 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. The Master Servicer shall be under no obligation to appear inServicer, prosecute the Seller and any director, officer, employee or defend any legal action that is not incidental to its duties to master service the Home Loans in accordance with this Agreement and that in its opinion may involve it in any expenses or liability. Neither agent of the Master Servicer nor or the Indenture Trustee Seller shall be liable for any acts or omissions of indemnified by the Servicer. In particular, neither the Master Servicer nor the Indenture Trustee shall be liable for any servicing errors or interruption in servicing resulting from any failure of the Servicer to maintain computer and other information systems that are year-2000 compliant.Trust and