Master Servicer, Securities Administrator and Trustee Indemnification. (a) The Securities Administrator agrees to indemnify the Trust Fund, the Company, the NIMS Insurer and the Master Servicer for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Company, the NIMS Insurer or the Master Servicer, as a result of (i) a breach of the Securities Administrator's covenants set forth in this Article X or (ii) any state, local or franchise taxes imposed upon the Trust Fund as a result of the location of the Securities Administrator. (b) The Master Servicer agrees to indemnify the Trust Fund, the Company, the NIMS Insurer and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Company, the NIMS Insurer or the Trustee, as a result of (i) a breach of the Master Servicer's covenants set forth in Article III or this Article X with respect to compliance with the REMIC Provisions or (ii) any state, local or franchise taxes imposed upon the Trust Fund as a result of the location of the Master Servicer. (c) The Seller agrees to indemnify the Trust Fund, the Company and the NIMS Insurer for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Company or the NIMS Insurer, as a result of any state, local or franchise taxes imposed upon the Trust Fund as a result of the location of the Trustee, the Servicer or the Subservicers.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2004-5), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.)
Master Servicer, Securities Administrator and Trustee Indemnification. (a) The Securities Administrator agrees to indemnify the Trust Fund, the Company, the NIMS Insurer and the Master Servicer for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Company, the NIMS Insurer or the Master Servicer, as a result of (i) a breach of the Securities Administrator's covenants set forth in this Article X or (ii) any state, local or franchise taxes imposed upon the Trust Fund as a result of the location of the Securities Administrator.
(b) The Master Servicer agrees to indemnify the Trust Fund, the Company, the NIMS Insurer and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Company, the NIMS Insurer or the Trustee, as a result of (i) a breach of the Master Servicer's covenants set forth in Article III or this Article X with respect to compliance with the REMIC Provisions or (ii) any state, local or franchise taxes imposed upon the Trust Fund as a result of the location of the Master ServicerServicer with respect to compliance with the REMIC Provisions.
(c) The Seller agrees to indemnify the Trust Fund, the Company and the NIMS Insurer for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Company or the NIMS Insurer, as a result of any state, local or franchise taxes imposed upon the Trust Fund as a result of the location of the Trustee, the Servicer or the Subservicers.Subservicers 116
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-1)
