Method of claiming under indemnity. The Servicer shall not be obliged to pay any indemnity under this Agreement, unless: (a) the Trustee first establishes that there has been a breach that has caused loss; (b) the indemnity claimed represents no more than the loss incurred as a result of the breach; and (c) the Manager on behalf of the Trustee first gives the Servicer a written notice specifying: (i) the quantum of the claim; and (ii) the basis of the claim.
Appears in 6 contracts
Samples: Servicing Agreement (Crusade Management LTD), Servicing Agreement (Crusade Management LTD), Servicing Agreement (Crusade Management LTD)
Method of claiming under indemnity. The Servicer shall will not be obliged to pay any indemnity under this Agreementagreement, unless:
(a) the Trustee first establishes that there has been a breach that has caused lossbreach;
(b) the indemnity claimed represents no more than the loss incurred as a result of the breachincurred; and
(c) the Manager on behalf of the Trustee first gives the Servicer a written notice specifying:
(i) the quantum of the claim; and
(ii) the basis of the claim.
Appears in 2 contracts
Samples: Investment Management Agreement (Interstar Securitisation Management Pty LTD), Investment Management Agreement (Interstar Securitisation Management Pty LTD)
Method of claiming under indemnity. The Servicer shall not be obliged to pay any indemnity under this Agreement, unless:
(a) the Trustee first establishes that there has been a breach that has caused loss;
(b) the indemnity claimed represents no more than the loss incurred as a result of the breach; and
(c) the Manager on behalf of the Trustee first gives the Servicer a written notice specifying:
(i) the quantum of the claim; and
(ii) the basis of the claim.
Appears in 1 contract
Samples: Servicing Agreement (Westpac Securitisation Management Pty LTD)
