Common use of Reliance of Custodian Clause in Contracts

Reliance of Custodian. In the absence of gross negligence or bad faith on the part of the Custodian, the Custodian may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any data communications, magnetic tape, request, instructions, certificate, opinion or other document furnished to the Custodian, reasonably believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Custodial Agreement; but in the case of any loan document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the same to determine whether or not it conforms prima facie to the requirements of this Custodial Agreement.

Appears in 9 contracts

Samples: Custodial Agreement (Sequoia Residential Funding Inc), Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-6), Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-4)

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Reliance of Custodian. In the absence of gross negligence or bad faith on the part of the Custodian, the Custodian may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any data communications, magnetic tape, request, instructions, certificate, opinion or other document furnished to the Custodian, reasonably believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Custodial Agreement; but in the case of any loan document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the same to determine whether or not it conforms prima facie to in accordance with the requirements of this Custodial Agreement.

Appears in 6 contracts

Samples: Custodial Agreement (C-Bass 2007-Cb5 Trust), Custodial Agreement (C-Bass 2006-Cb2 Trust), Custodial Agreement (C-Bass 2006-Cb6 Trust)

Reliance of Custodian. In the absence of gross negligence or bad faith on the part of the Custodian, the Custodian may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any data communications, magnetic tape, request, instructions, certificate, opinion or other document furnished to the Custodian, reasonably believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Custodial Agreement; but in the case of any loan document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the same to determine whether or not it conforms prima facie PRIMA FACIE to the requirements of this Custodial Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp), Pooling and Servicing Agreement (DLJ Mortgage Acceptance Corp)

Reliance of Custodian. In the absence of gross bad faith, negligence or bad faith willful misconduct on the part of the Custodian, the Custodian may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any data communications, magnetic tape, request, instructionsinstruction, certificate, opinion opinion, notice or other document furnished to the Custodian, reasonably in good faith believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Custodial Agreement; but in the case of any loan document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the same to determine whether or not it conforms prima facie to in accordance with the requirements of this Custodial Agreement.

Appears in 1 contract

Samples: Custodial Agreement (American Mortgage Acceptance Co)

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Reliance of Custodian. In the absence of gross negligence or bad faith on the part of the Custodian, the Custodian may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any data communications, magnetic tape, request, instructionsinstruction, certificate, opinion or other document furnished to the Custodian, reasonably believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Custodial Agreement; but in the case of any loan document Mortgage Loan Document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the same to determine whether or not it conforms prima facie to in accordance with the requirements of this Custodial Agreement.

Appears in 1 contract

Samples: Custodial Agreement (Allied Capital Corp)

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