Common use of Negligence of Insured or Servicer Clause in Contracts

Negligence of Insured or Servicer. Any Loss arising out of any negligence of the Insured or Servicer in the origination or servicing of a Loan which negligence is either the proximate cause of such Loss or materially increases the risk insured, provided that if the Company can reasonably determine the amount by which such negligence increased the Loss as calculated in Condition Eleven (B), its remedy shall be to adjust the Loss accordingly. 11 Master Policy | Condition Five

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Sabr Trust 2005-Fr3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-Op2)

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Negligence of Insured or Servicer. Any Loss arising out of any negligence of the Insured or Servicer in the origination or servicing of a Loan which negligence is either the proximate cause of such Loss or materially increases the risk insured, provided that if the Company can reasonably determine the amount by which such negligence increased the Loss as calculated in Condition Eleven (B), its remedy shall be to adjust the Loss accordingly. 11 10 Master Policy | Condition Five

Appears in 1 contract

Samples: Master Transaction Agreement (Radian Group Inc)

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Negligence of Insured or Servicer. Any Loss arising out of any negligence of the Insured or Servicer in the origination or servicing of a Loan which negligence is either the proximate cause of such Loss or materially increases the risk insured, provided that if the Company can reasonably determine the amount by which such negligence increased the Loss as calculated in Condition Eleven (B), its remedy shall be to adjust the Loss accordingly. 11 Master Policy | Condition Five.

Appears in 1 contract

Samples: Master Policy (Structured Ass Sec Cor a R Col Tr MRT Ps THR CRT Ser 01-Bc6)

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