Common use of Release of Initial Member and Others Clause in Contracts

Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Servicing (prior to the applicable Servicing Transfer Date) by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of Law or willful misconduct of such Prior Servicer.

Appears in 3 contracts

Samples: Servicing Agreement, Servicing Agreement, Servicing Agreement

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Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Servicing (servicing of the Loans or Collateral prior to the applicable Servicing Transfer Date) Date by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of Law law or willful misconduct of such Prior Servicer.

Appears in 2 contracts

Samples: Servicing Agreement, Servicing Agreement

Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Servicing (servicing of the Assets or Collateral prior to the applicable Servicing Transfer Date) Date by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of Law or willful misconduct of such Prior Servicer.or

Appears in 1 contract

Samples: Servicing Agreement

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Release of Initial Member and Others. The Servicer hereby releases and discharges each Prior Servicer from any and all claims (including any counterclaim or defensive claim), demands, causes of action, judgments or legal proceedings and remedies of whatever kind or nature that the Servicer had, has or might have in the future, whether known or unknown, which are related in any manner whatsoever to the Servicing (servicing of the Mortgage Loans or Underlying Collateral prior to the applicable Servicing Transfer Date) Date by the Prior Servicers, in each case other than for acts or omissions constituting gross negligence, violation of Law law or willful misconduct of such Prior Servicer.

Appears in 1 contract

Samples: Servicing Agreement

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