Common use of Servicer and Trustee Indemnification Clause in Contracts

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, as a result of a breach of its respective covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys’ fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s covenants set forth in Article III or this Article X.

Appears in 25 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2005-He1), Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He5), Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He4)

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Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, Servicer as a result of a breach of its respective the Trustee's covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s 's covenants set forth in Article III or this Article X.

Appears in 19 contracts

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2005-Fre1), Pooling and Servicing Agreement (Stanwich Asset Acceptance CO LLC), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2005-Nc5)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by the Trust Fund, the Depositor Depositor, the Trustee or the Servicer, as a result of a breach of its respective covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys’ fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s covenants set forth in Article III or this Article X.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-Ch3), Pooling and Servicing Agreement (Jpmac 2007-Ch2), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-Ch5)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, as a result of a breach of its respective the Trustee’s covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys’ fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s covenants set forth in Article III or this Article X.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series 2006-He7), Pooling and Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2), Pooling and Servicing Agreement (Asset Backed Securities Corp Home Equity Loan Trust, Series RFC 2007-He1)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys attorneys’ fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, Servicer as a result of a breach of its respective the Trustee’s covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys’ fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s covenants set forth in Article III or this Article X.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2007-Fre1), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust 2005-Nc2), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc5)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys attorneys’ fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, as a result of a breach of its respective the Trustee’s covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys’ fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s covenants set forth in Article III or this Article X.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2005-A), Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2005-A), Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 2005-D)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, Servicer as a result of a breach of its respective the Trustee's covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s 's covenants set forth in Article III or this Article X.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Home Eq Loan Trust Ser 2002 Cit1 Asst Back Pass Thru Certs), Pooling and Servicing Agreement (New Century Home Equity Loan Trust Series 1999-NCC)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, as a result of a breach of its respective the Trustee's covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s 's covenants set forth in Article III or this Article X.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (New Century Mortgage Securities Inc), Pooling and Servicing Agreement (New Century Mortgage Securities LLC)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor Depositor, and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys attorneys’ fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, as a result of a breach of its respective the Trustee’s covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys’ fees imposed on or incurred by the Trust Fund, the Certificate Insurer, the Depositor or the Trustee, as a result of a breach of the Servicer’s covenants set forth in Article III or this Article X.X, in each case with respect to compliance with the REMIC Provisions.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Accredited Mortgage Loan REIT Trust)

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Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, Servicer as a result of a breach of its respective the Trustee's covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor Depositor, the Certificate Insurer and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s 's covenants set forth in Article III or this Article X.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust, Series 2004-Res1)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, Servicer as a result of a breach of its respective the Trustee's covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s 's covenants set forth in Article III or this Article X.X. 158

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Opt1)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor and the each Servicer for any taxes and costs including, without limitation, any reasonable attorneys attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the either Servicer, as a result of a breach of its respective the Trustee's covenants set forth in this Article X. (b) The Each Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the applicable Servicer’s 's covenants set forth in Article III or this Article X.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (New Century Home Equity Loan Trust, Series 2004-A)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by the Trust Fund, the Depositor or the Servicer, as a result of a breach of its respective covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s 's covenants set forth in Article III or this Article X.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Pass Through Certificates Series 2002 He2)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor and the Servicer for any taxes and costs including, without limitation, any reasonable attorneys attorneys' fees imposed on or incurred by the Trust Fund, the 129 Depositor or the Servicer, Servicer as a result of a breach of its respective the Trustee's covenants set forth in this Article X. (b) The Servicer agrees to indemnify the Trust Fund, the Depositor and the Trustee for any taxes and costs including, without limitation, any reasonable attorneys' fees imposed on or incurred by the Trust Fund, the Depositor or the Trustee, as a result of a breach of the Servicer’s 's covenants set forth in Article III or this Article X.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc2)

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