Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 361 contracts
Samples: Mortgage Loan Purchase Agreement (Five Oaks Investment Corp.), Custodial Agreement (Bear Stearns ARM Trust 2006-4), Indemnification Agreement (RBSGC Mortgage Loan Trust 2007-B)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 72 contracts
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-2), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-5)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Servicer shall be rendered as an independent contractor and not as agent for the PurchaserOwner.
Appears in 63 contracts
Samples: Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust 2007-Ar5), Acknowledgment Agreement (Citigroup Mortgage Loan Trust 2006-Ar7), Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust 2007-2)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the PurchaserCompany.
Appears in 22 contracts
Samples: Mortgage Loan Purchase Agreement (NovaStar Mortgage Funding Trust, Series 2005-1), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust Series 2004-2), Mortgage Loan Purchase Agreement (NovaStar Mortgage Funding Trust, Series 2005-2)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 17 contracts
Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs), Lehman Brothers (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Reconstituted Servicing Agreement (LXS 2007-3)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create constitute a partnership between or a joint venture between by the parties hereto and parties, nor shall anything herein contained be deemed to constitute either the services Executive, the Company or any Affiliates the agent of the other except as is expressly provided herein. Neither Executive nor Company shall be rendered as an independent contractor and not as agent for or become liable or bound by any representation, act or omission whatsoever of the Purchaserother party made contrary to the provisions of this Agreement.
Appears in 14 contracts
Samples: Executive Employment Agreement (Celsion Corp), Employment Agreement (Phoenix Color Corp), Employment Agreement (Celsion Corp)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Countrywide shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 12 contracts
Samples: Master Mortgage Loan Purchase Agreement (GSR Mortgage Loan Trust 2007-Oa1), Master Mortgage Loan Purchase Agreement (GSR Mortgage Loan Trust 2007-Ar1), Master Mortgage Loan Purchase Agreement (GSR 2006-Ar2)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company each Seller shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 12 contracts
Samples: Pooling and Servicing Agreement (PHHMC Mortgage Pass-Through Certificates, Series 2005-5), Pooling and Servicing Agreement (PHHMC Series 2006-3 Trust), Pooling and Servicing Agreement (PHHMC Series 2006-1 Trust)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Servicer shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 11 contracts
Samples: Repurchase and Servicing Agreement (PHH Corp), And (LTC Properties Inc), Master Bulk Sale and Servicing Agreement (Banc of America Funding Corp)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between among the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 7 contracts
Samples: Mortgage Loan Purchase Agreement (Residential Asset Mortgage Products Inc), Home Loan Purchase Agreement (Residential Asset Mortgage Products Inc), Loan Purchase Agreement (GMACM Mortgage Loan Trust 2004-Gh1)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller and the Originator shall be rendered as an independent contractor contractors and not as agent agents for the Purchaser.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Origen Residential Securities, Inc.), Asset Purchase Agreement (Origen Residential Securities, Inc.), Asset Purchase Agreement (Origen Residential Securities, Inc.)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Sponsor shall be rendered as an independent contractor and not as agent for the PurchaserDepositor.
Appears in 7 contracts
Samples: Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP), Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP), Purchase Agreement (NovaStar Certificates Financing CORP)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company each Seller shall be rendered as an independent contractor and not as an agent for the Purchaser.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (PHHMC Series 2007-5 Trust), Pooling and Servicing Agreement (PHHMC Series 2007-6 Trust), Pooling and Servicing Agreement (PHHMC Series 2007-4 Trust)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 5 contracts
Samples: Mortgage Loan Purchase Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4), Mortgage Loan Purchase Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Mortgage Loan Purchase Agreement (Peoples Choice Home Loan Securities Corp)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Indymac shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 5 contracts
Samples: Master Mortgage Loan Purchase Agreement (GSR Mortgage Loan Trust 2007-Ar2), Master Mortgage Loan Purchase Agreement (GSR Mortgage Loan Trust 2006-10f), Servicing Agreement (GSAA Home Equity Trust 2006-17)
Relationship of Parties. Nothing contained herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto Purchaser and the services of the Company shall be rendered as an independent contractor and not as agent for the PurchaserSeller or Servicer.
Appears in 4 contracts
Samples: Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2003-Hb1), Purchase and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Purchase and Servicing Agreement (Morgan Stanley Auto Loan Trust 2004-Hb2)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company shall be rendered as an independent contractor and not as agent for the any Purchaser.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Luminent Mortgage Trust 2006-6), Flow Sale and Servicing Agreement (Luminent Mortgage Trust 2006-7), Sale and Servicing Agreement (Luminent Mortgage Trust 2007-1)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the PurchaserDepositor.
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (NovaStar Certificates Financing LLC), Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Designated Seller shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 2 contracts
Samples: S Agreement (Residential Funding Mortgage Securities Ii Inc), S Agreement (Residential Funding Mortgage Securities Ii Inc)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between among the parties hereto hereto, and the services of the Company [ ] shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (Residential Asset Mortgage Products Inc), Mortgage Loan Purchase Agreement (Greenpoint Mortgage Securities LLC)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Servicer shall be rendered as an independent contractor and not as agent for the PurchaserIssuer.
Appears in 2 contracts
Samples: Purchase and Servicing Agreement (Accredited Home Lenders Holding Co), Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create constitute a partnership between or a joint venture between by the parties hereto and parties, nor shall anything herein contained be deemed to constitute either the services Executive or the Company the agent of the other except as is expressly provided herein. Neither Executive nor Company shall be rendered as an independent contractor and not as agent for or become liable or bound by any representation, act or omission whatsoever of the Purchaserother party made contrary to the provisions of this Agreement.
Appears in 2 contracts
Samples: Executive Employment Agreement (Photovoltaic Solar Cells, Inc.), Employment Agreement (Biokeys Pharmaceuticals Inc)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Servicer shall be rendered as an independent contractor and not as agent for the PurchaserAgent or any Principal.
Appears in 2 contracts
Samples: Servicing Agreement (PHH Corp), Servicing Agreement (PHH Corp)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the any Purchaser.
Appears in 1 contract
Samples: Flow Sale Agreement (Luminent Mortgage Trust 2006-7)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company shall be rendered as an independent contractor and not as agent for the Purchaser.. 84
Appears in 1 contract
Samples: Warranties and Servicing Agreement (Sequoia Mortgage Trust 2007-2)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company and the Servicer shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Structured Asset Securities Corporation)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor and not as an agent for the Purchaser.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Shellpoint Mortgage Acceptance LLC)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the PurchaserTransferor.
Appears in 1 contract
Samples: Loan Purchase Agreement (Residential Asset Funding Corp)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Servicer shall be rendered as an independent contractor and not as agent for the Purchaser.. 77
Appears in 1 contract
Samples: Sale and Servicing Agreement (Asset Backed Funding Corp)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Interim Servicer shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 1 contract
Samples: Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor contractors and not as agent for the Purchaser.
Appears in 1 contract
Samples: Custodial Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Seller and the Obligor shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (AG Mortgage Investment Trust, Inc.)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a co-partnership or joint venture between the parties hereto and the services of the Company Servicer shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Sequoia Mortgage Trust 2013-1)
Relationship of Parties. Nothing contained herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company shall be rendered as an independent contractor and not as an agent for the PurchaserOwner.
Appears in 1 contract
Samples: Assumption and Recognition Agreement (Greenwich Capital Acceptance Inc)
Relationship of Parties. Nothing herein contained shall be ----------------------- deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the PurchaserCompany.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust Series 2001-1)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Subservicer shall be rendered as an independent contractor and not as agent for the PurchaserServicer.
Appears in 1 contract
Samples: Subservicing Agreement (National City Mortgage Capital LLC)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Servicer shall be rendered as an independent contractor and not as agent for the PurchaserInvestor.
Appears in 1 contract
Samples: Servicing Agreement (Wells Fargo Real Estate Investment Corp.)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a co-partnership or joint venture between the parties hereto and the services of the Company Seller as interim servicer shall be rendered as an independent contractor and not as agent for the Purchaser.. 55
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Five Oaks Investment Corp.)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Company Seller shall be rendered as an independent contractor and not as agent for the PurchaserTransferor or the Depositor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company shall be rendered as an all independent contractor and not as agent for the Purchaser.
Appears in 1 contract
Samples: Letter Agreement (Thornburg Mortgage Securities Trust 2005-4)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between among the parties hereto hereto, and the services of the Company [___] shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Phoenix Residential Securities, LLC)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company Servicer shall be rendered as an independent contractor and not as agent for the any Purchaser.
Appears in 1 contract
Samples: Flow Servicing Agreement (Luminent Mortgage Trust 2006-7)
Relationship of Parties. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Company RFC shall be rendered as an independent contractor and not as agent for the Purchaser.
Appears in 1 contract