Common use of NATURE AND SCOPE OF RELATIONSHIP Clause in Contracts

NATURE AND SCOPE OF RELATIONSHIP. The Servicer hereby agrees to service and administer the Receivables for the Trust and render those services described in this Servicing Agreement and in the attached Schedule A. In performing its duties under this Servicing Agreement, the Servicer shall have full power and authority to do or cause to be done any and all things in connection with such servicing and administration which it may deem necessary or desirable, within the terms of the Pooling and Servicing Agreement and this Servicing Agreement. Servicer acknowledges receiving a copy of the Pooling and Servicing Agreement. Servicer shall report in writing solely to such officers or other employees of Backup Servicer and Trustee as Backup Servicer and Trustee may designate from time to time in writing. Nothing in this Servicing Agreement shall be construed as establishing an agency, an employment or a partnership or joint venture between Backup Servicer, Trustee, any third party contract purchaser and Servicer. Furthermore, Backup Servicer shall not use or permit the use of Servicer's name or the names of any of Servicer's affiliates in any advertising or promotional materials prepared by Backup Servicer or on Backup Servicer's behalf without the prior written consent of Servicer. Compensation payable to the Servicer under this Servicing Agreement shall be payable by the Trustee solely from the Trust Property in accordance with the terms of the Pooling and Servicing Agreement, and except as provided in the Pooling and Servicing Agreement, none of the Trust, the Trustee or the Certificateholders will have any liability to the Servicer with respect thereto. In accordance with Section 4.04 of the Pooling and Servicing Agreement, such compensation shall be paid to the Servicer and/or one or more subservicers as the Servicer may from time to time direct in writing to the Trustee. In the event the Backup Servicer shall for any reason no longer be acting as such (including by reason of resignation or an Event of Backup Servicing Default as specified in Section 4.02 or 10.01, respectively, of the Pooling and Servicing Agreement), the successor Backup Servicer shall thereupon assume all of the rights and obligations of the outgoing Backup Servicer under this Servicing Agreement; provided, however that the successor Backup Servicer shall not be liable for any acts, omissions or obligations of the outgoing Backup Servicer prior to such succession or for any breach by the outgoing Backup Servicer of any of its representations and warranties contained in this Servicing Agreement or in any related document or agreement and the outgoing Backup Servicer shall not be relieved of any liability or obligation hereunder to the extent such obligation or liability arose prior to the assumption by the successor Backup Servicer of the obligations of the Backup Servicer hereunder.

NATURE AND SCOPE OF RELATIONSHIP. The Servicer hereby agrees to service and administer the Receivables for each Trust established pursuant to the Master Trust Agreement and a related Pooling and Servicing Agreement and render those services described in this Servicing Agreement and in the attached Schedule A. In performing its duties under this Servicing Agreement, the Servicer shall have full power and authority to do or cause to be done any and all things in connection with such servicing and administration which it may deem necessary or desirable, within the terms of the related Pooling and Servicing Agreement Agreements and this Servicing Agreement. Servicer acknowledges receiving a copy of the Pooling and Servicing AgreementAgreement dated as of March 1, 1997 relating to the creation of the Aegis Auto Receivables Trust 1997-1 and agrees to promptly acknowledge receipt of copies of each Pooling and Servicing Agreement relating to a trust created after the initial Closing Date. Servicer shall report in writing solely to such officers or other employees of the Backup Servicer and the Trustee as the Trustee and the Backup Servicer and Trustee may designate from time to time in writing. Nothing in this Servicing Agreement shall be construed as establishing an agency, an employment or a partnership or joint venture between the Backup Servicer, Trustee, any third party contract purchaser and Servicer. Furthermore, Backup Servicer shall not use or permit the use of Servicer's name or the names of any of Servicer's affiliates in any advertising or promotional materials prepared by Backup Servicer or on Backup Servicer's behalf without the prior written consent of Servicer. Compensation payable to the Servicer under this Servicing Agreement shall be payable by the Trustee solely from the Trust Property in accordance with the terms of the related Pooling and Servicing AgreementAgreements, and except as provided in the Pooling and Servicing AgreementAgreements, none of the TrustTrusts, the Trustee or the Certificateholders will have any liability to the Servicer with respect thereto. In accordance with Section 4.04 of the Pooling and Servicing AgreementStandard Terms, such compensation shall be paid to the Servicer and/or one or more subservicers as the Servicer may from time to time direct in writing to the Trustee. In the event the Backup Servicer shall for any reason no longer be acting as such (including by reason of resignation or an Event of Backup Servicing Default as specified in Section 4.02 or 10.01, respectively, of the Pooling and Servicing AgreementStandard Terms), the successor Backup Servicer shall thereupon assume all of the rights and obligations of the outgoing Backup Servicer under this Servicing Agreement; provided, however that the successor Backup Servicer shall not be liable for any acts, omissions or obligations of the outgoing Backup Servicer prior to such succession or for any breach by the outgoing Backup Servicer of any of its representations and warranties contained in this Servicing Agreement or in any related document or agreement and the outgoing Backup Servicer shall not be relieved of any liability or obligation hereunder to the extent such obligation or liability arose prior to the assumption by the successor Backup Servicer of the obligations of the Backup Servicer hereunder.

NATURE AND SCOPE OF RELATIONSHIP. The Servicer hereby agrees to service and administer the Receivables for each Trust established pursuant to the Amended and Restated Master Trust Agreement and a related Pooling and Servicing Agreement and render those services described in this Servicing Agreement and in the attached Schedule A. In performing its duties under this Servicing Agreement, the Servicer shall have full power and authority to do or cause to be done any and all things in connection with such servicing and administration which it may deem necessary or desirable, within the terms of the related Pooling and Servicing Agreement Agreements and this Servicing Agreement. Servicer acknowledges receiving a copy of the Pooling and Servicing AgreementAgreement dated as of March 1, 1997 relating to the creation of the Aegis Auto Receivables Trust 1997-1, the Pooling and Servicing Agreement dated as of April 1, 1997, relating to the creation of the Aegis Auto Receivables Trust 1997-2 and the Pooling and Servicing Agreement dated as of May 1, 1997, relating to the creation of the Aegis Auto Receivables Trust 1997-3, and agrees to promptly acknowledge receipt of copies of each Pooling and Servicing Agreement relating to a trust created after the date hereof. Servicer shall report in writing solely to such officers or other employees of the Backup Servicer and the Trustee as the Trustee and the Backup Servicer and Trustee may designate from time to time in writing. Nothing in this Servicing Agreement shall be construed as establishing an agency, an employment or a partnership or joint venture between the Backup Servicer, Trustee, any third party contract purchaser and Servicer. Furthermore, Backup Servicer shall not use or permit the use of Servicer's name or the names of any of Servicer's affiliates in any advertising or promotional materials prepared by Backup Servicer or on Backup Servicer's behalf without the prior written consent of Servicer. Compensation payable to the Servicer under this Servicing Agreement shall be payable by the Trustee solely from the Trust Property in accordance with the terms of the related Pooling and Servicing AgreementAgreements, and except as provided in the Pooling and Servicing AgreementAgreements, none of the TrustTrusts, the Trustee or the Certificateholders will have any liability to the Servicer with respect thereto. In accordance with Section 4.04 of the Pooling and Servicing AgreementStandard Terms, such compensation shall be paid to the Servicer and/or one or more subservicers as the Servicer may from time to time direct in writing to the Trustee. In the event the Backup Servicer shall for any reason no longer be acting as such (including by reason of resignation or an Event of Backup Servicing Default as specified in Section 4.02 or 10.01, respectively, of the Pooling and Servicing AgreementStandard Terms), the successor Backup Servicer shall thereupon assume all of the rights and obligations of the outgoing Backup Servicer under this Servicing Agreement; provided, however that the successor Backup Servicer shall not be liable for any acts, omissions or obligations of the outgoing Backup Servicer prior to such succession or for any breach by the outgoing Backup Servicer of any of its representations and warranties contained in this Servicing Agreement or in any related document or agreement and the outgoing Backup Servicer shall not be relieved of any liability or obligation hereunder to the extent such obligation or liability arose prior to the assumption by the successor Backup Servicer of the obligations of the Backup Servicer hereunder.