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.

Appears in 28 contracts

Samples: Pooling and Servicing Agreement (Asset Backed Sec Corp Asset Back Pass-THR Certs Ser 2004-He2), Pooling and Servicing Agreement (Asset Backed Pass Through Certificates Series 2003-He6), Pooling and Servicing Agreement (Asset Backed Sec Corp Home Equity Loan Trust Series 2003 He7)

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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.

Appears in 21 contracts

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2005-Nc5), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Fre1), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2006-Nc1)

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.

Appears in 11 contracts

Samples: Pooling and Servicing Agreement (Jpmac 2007-Ch1), Pooling and Servicing Agreement (Jpmac 2007-Ch2), Pooling and Servicing Agreement (Jpmac 2007-Ch2)

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.

Appears in 10 contracts

Samples: 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 2006-He7), Pooling and Servicing Agreement (Asset Backed Securities CORP Home Equity Loan Trust, Series NC 2006-He4)

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.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Carrington Mortgage Loan Trust 2005-Nc2), Pooling and Servicing Agreement (National City Mortgage Capital LLC), Pooling and Servicing Agreement (Carrington Mortgage Loan Trust, Series 2007-Fre1)

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.

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 Depositor, the Certificate Insurer 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 Depositor, the Certificate Insurer or the Servicer, as a result of a breach of its respective the Trustee's covenants set forth in this Article X.XI.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

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, as a result caused solely by the Trustee’s failure to act in accordance with its standard of a breach of its respective covenants care set forth in this Article X.X or any state, local or franchise taxes imposed upon the Trust Fund as a result of the location of the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GE-WMC Asset-Backed Pass-Through Trust, Series 2006-1), Pooling and Servicing Agreement (GE-WMC Asset-Backed Pass Through Certificates, Series 2005-1)

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, as a result caused solely by the Trustee's failure to act in accordance with its standard of a breach of its respective covenants care set forth in this Article X.X or any state, local or franchise taxes imposed upon the Trust Fund as a result of the location of the Trustee.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GE-WMC Mortgage Securities, L.L.C.), Pooling and Servicing Agreement (GE-WMC Mortgage Securities, L.L.C.)

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.

Appears in 2 contracts

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

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.

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 Article XII or this Article X.XIII.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Superior Bank FSB), Pooling and Servicing Agreement (Superior Bank FSB)

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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 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.

Appears in 1 contract

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

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.

Appears in 1 contract

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

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.

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, indemnify the Trust Fund, the Depositor Company 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 Company or the Master Servicer, as a result of a breach of its respective the Trustee's covenants set forth in this Article X.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nations Asset Securities Inc)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, indemnify the Trust Fund, the Depositor Company 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 Company or the Servicer, as a result of a breach of its respective the Trustee's covenants set forth in this Article X.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nations Banc Asset Sec Ins Asset Backed Cert Series 1997-1)

Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify, severally and not jointly, the Trust Fund, the Depositor and the each 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 each Servicer, as a result of a breach of its respective covenants set forth in this Article X.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

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 Master Servicer, as a result of a breach of its respective the Trustee's covenants set forth in this Article X.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp)

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