Common use of Manager Liable for Servicer, Subservicers and JDC Contractors Clause in Contracts

Manager Liable for Servicer, Subservicers and JDC Contractors. Notwithstanding anything to the contrary contained herein, the use of the Servicer (or any Subservicer or any JDC Contractor) will not release the Manager from any of its Servicing Obligations or other obligations under this Agreement, and the Manager will remain responsible and liable for all acts and omissions of the Servicer (and each Subservicer and JDC Contractor) as fully as if such acts and omissions were those of the Manager. All actions of the Servicer (or any Subservicer or JDC Contractor) performed pursuant to the Servicing Agreement (or any Subservicing Agreement or relevant subcontract with a JDC Contractor) will be performed as an agent of the Manager (and, as applicable with respect to any Subservicer or JDC Contractor not engaged by the Manager, the Servicer or Subservicer having engaged such Subservicer or JDC Contractor).

Appears in 7 contracts

Samples: Private Owner Interest Sale and Assignment Agreement, Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement

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Manager Liable for Servicer, Subservicers and JDC Contractors. Notwithstanding anything to the contrary contained herein, the use of the Servicer (or any Subservicer or any JDC Contractor) will not release the Manager from any of its Servicing Obligations or other obligations under this Agreement, and the Manager will remain responsible and liable for all acts and omissions of the Servicer (and each Subservicer and JDC Contractor) as fully as if such acts and omissions were those of the Manager. All actions of the Servicer (or any Subservicer or JDC Contractor) performed pursuant to the Servicing Agreement (or any Subservicing Agreement or relevant subcontract with a JDC Contractor) will be performed as an agent of the Manager (and, as applicable with respect to any Subservicer or JDC Contractor not engaged by the Manager, the Servicer or Subservicer having engaged such Subservicer or JDC Contractor).Contractor).‌‌‌

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement

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