Common use of Servicer to Act as Servicer Clause in Contracts

Servicer to Act as Servicer. (a) As agent for and subject to the supervision, direction and control of the Trust as set forth in the Trust Agreement, the Servicer shall manage the Trust and shall service, administer and collect under the User Leases and the other Trust Assets in accordance with the terms of this Agreement, and shall have full power and authority, acting alone and subject only to the specific requirements and prohibitions of this Agreement, to do any and all things in connection with such servicing, administering and collecting that it may reasonably deem necessary or desirable. The duties of the Servicer shall include, among other things, acquiring vehicles and originating leases on behalf of the Trust, collecting and posting payments, responding to inquiries of End Users on the User Leases, investigating delinquencies, sending payment statements and reporting required tax information (if any) to End Users, disposing of returned vehicles, paying costs of disposition of Leased Vehicles related to Charged-off Leases, administering the User Leases, including, but not limited to, executing powers of attorney to be delivered to End Users for the limited purpose of obtaining license plates and fulfilling other state requirements for registration of the Leased Vehicles, obtaining a new Certificate of Title to a Leased Vehicle in another jurisdiction to the extent required by law, making other modifications to the User Leases (in accordance with Customary Servicing Practices), approving repairs to Leased Vehicles and endorsing the related insurance settlement checks for repair work, accounting for collections and preparing and filing all required tax returns (if any) of the Trust. Without limiting the generality of the foregoing, the Servicer hereby expressly agrees to perform and carry out on behalf of the Trust, all of the obligations on the part of the Obligee under the User Leases and is hereby authorized and empowered by the Trust to execute and deliver, in its own name or on behalf of the Trust, or both of them, as the case may be, any and all instruments of satisfaction, extension or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the User Leases or the Leased Vehicles. The Servicer shall cause the Trust to (i) apply for and maintain (or cause to be applied for and maintained) all licenses, permits, authorizations and other governmental items necessary and appropriate for the Trust to acquire, hold and manage Trust Assets as contemplated by the Trust Agreement in each jurisdiction where the ownership of its assets or the nature of its operations would require it to maintain such licenses, permits, authorizations or other governmental items, (ii) file (or cause to be filed) all notices, reports and other required filings in each jurisdiction where the location of its assets or the nature of its operations would require the Trust to make such filing, and (iii) pay or cause to be paid all applicable taxes and fees properly due and owing in connection with the Trust's activities. If the Servicer shall commence a legal proceeding to enforce a User Lease, the Trust shall thereupon be deemed to have automatically assigned, solely for the purpose of collection on behalf of the Trust, its interest in such User Lease and the related Leased Vehicle to the Servicer to the extent necessary for the purposes of participating in such proceeding. If in any enforcement suit or legal proceeding it is held that the Servicer may not enforce a User Lease on the grounds that it is not the real party in interest or a holder entitled to enforce such User Lease, the Trust shall, at the expense and direction of the Servicer, take steps to enforce the User Lease, including bringing suit in the Trust's name. The Trust shall furnish the Servicer with any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder. The Servicer shall acquire or enter into on behalf of the Trust, in its ordinary course of business, User Leases with End Users approved by the Servicer. The Servicer agrees that its origination, underwriting and servicing of the User Leases for the benefit of the Trust shall be carried out in accordance with Customary Servicing Practices with respect to similar types of vehicles.

Servicer to Act as Servicer. (a) As agent for and subject to the supervision, direction and control of the Trust as set forth in the Trust Agreement, the Servicer shall manage the Trust and shall service, administer and collect under the User Leases and the other Trust Assets in accordance with the terms of this Agreement, and shall have full power and authority, acting alone and subject only to the specific requirements and prohibitions of this Agreement, to do any and all things in connection with such servicing, administering and collecting that it may reasonably deem necessary or desirable. The duties of the Servicer shall include, among other things, acquiring vehicles and originating leases on behalf of the Trust, collecting and posting payments, responding to inquiries of End Users on the User Leases, investigating delinquencies, sending payment statements and reporting required tax information (if any) to End Users, disposing of returned vehicles, paying costs of disposition of Leased Vehicles related to Charged-off Leases, administering the User Leases, including, but not limited to, executing powers of attorney to be delivered to End Users for the limited purpose of obtaining license plates and fulfilling other state requirements for registration of the Leased Vehicles, obtaining a new Certificate of Title to a Leased Vehicle in another jurisdiction to the extent required by law, making other modifications to the User Leases (in accordance with Customary Servicing Practices), approving repairs to Leased Vehicles and endorsing the related insurance settlement checks for repair work, accounting for collections and preparing and filing all required tax returns (if any) of the Trust. Without limiting the generality of the foregoing, the Servicer hereby expressly agrees to perform and carry out on behalf of the Trust, all of the obligations on the part of the Obligee under the User Leases and is hereby authorized and empowered by the Trust to execute and deliver, in its own name or on behalf of the Trust, or both of them, as the case may be, any and all instruments of satisfaction, extension or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the User Leases or the Leased Vehicles. The Servicer shall cause the Trust to (i) apply for and maintain (or cause to be applied for and maintained) all licenses, permits, authorizations and other governmental items necessary and appropriate for the Trust to acquire, hold and manage Trust Assets as contemplated by the Trust Agreement in each jurisdiction where the ownership of its assets or the nature of its operations would require it to maintain such licenses, permits, authorizations or other governmental items, (ii) file (or cause to be filed) all notices, reports and other required filings in each jurisdiction where the location of its assets or the nature of its operations would require the Trust to make such filing, and (iii) pay or cause to be paid all applicable taxes and fees properly due and owing in connection with the Trust's ’s activities. If the Servicer shall commence a legal proceeding to enforce a User Lease, the Trust shall thereupon be deemed to have automatically assigned, solely for the purpose of collection on behalf of the Trust, its interest in such User Lease and the related Leased Vehicle to the Servicer to the extent necessary for the purposes of participating in such proceeding. If in any enforcement suit or legal proceeding it is held that the Servicer may not enforce a User Lease on the grounds that it is not the real party in interest or a holder entitled to enforce such User Lease, the Trust shall, at the expense and direction of the Servicer, take steps to enforce the User Lease, including bringing suit in the Trust's ’s name. The Trust shall furnish the Servicer with any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder. The Servicer shall acquire or enter into on behalf of the Trust, in its ordinary course of business, User Leases with End Users approved by the Servicer. The Servicer agrees that its origination, underwriting and servicing of the User Leases for the benefit of the Trust shall be carried out in accordance with Customary Servicing Practices with respect to similar types of vehicles.

Servicer to Act as Servicer. (a) As agent for and subject to the supervision, direction and control of the Trust as set forth in the Trust Agreement, the The Servicer shall manage the Trust and shall service, administer and collect under the User Leases and the other Trust Assets in accordance with the terms of this Agreement, Agreement and shall have full power and authority, acting alone and subject only to the specific requirements and prohibitions of this Agreement, to do any and all things in connection with such servicing, administering and collecting that it may reasonably deem necessary or desirable. The duties of the Servicer shall include, among other things, acquiring vehicles and originating leases on behalf of the Trust, collecting and posting payments, responding to inquiries of End Users Obligors on the User Leases, investigating delinquencies, sending payment statements and reporting required tax information (if any) to End Users, disposing of returned vehiclesObligors, paying costs of disposition of Leased Vehicles related to Charged-off Leases and policing the Leases, administering the User Leases, includingincluding accounting for collections, but not limited to, executing powers of attorney to be delivered to End Users for the limited purpose of obtaining license plates furnishing monthly and fulfilling other state requirements for registration of the Leased Vehicles, obtaining a new Certificate of Title to a Leased Vehicle in another jurisdiction annual statements to the extent required by lawOrigination Trust with respect to distributions, making other modifications to the User Leases (in accordance with Customary Servicing Practices), approving repairs to Leased Vehicles generating federal and endorsing the related insurance settlement checks for repair work, accounting for collections state income tax information and preparing and filing all required tax returns (if any) of the Origination Trust. Without limiting the generality of the foregoing, the Servicer hereby expressly agrees to perform and carry out on behalf of the Origination Trust, all of the obligations on the part of the Obligee under the User Leases and is hereby authorized and empowered by the Origination Trust to execute and deliver, in its own name or on behalf of the Origination Trust, or both of them, as the case may be, any and all instruments of satisfaction, extension or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the User Leases or the Leased Vehicles. The Servicer shall cause the Trust to (i) apply for and maintain (or cause to be applied for and maintained) all licenses, permits, authorizations and other governmental items necessary and appropriate for the Trust to acquire, hold and manage Trust Assets as contemplated by the Trust Agreement in each jurisdiction where the ownership of its assets or the nature of its operations would require it to maintain such licenses, permits, authorizations or other governmental items, (ii) file (or cause to be filed) all notices, reports and other required filings in each jurisdiction where the location of its assets or the nature of its operations would require the Trust to make such filing, and (iii) pay or cause to be paid all applicable taxes and fees properly due and owing in connection with the Trust's activities. If the Servicer shall commence a legal proceeding to enforce a User Lease, the Origination Trust shall thereupon be deemed to have automatically assigned, solely for the purpose of collection on behalf of the Origination Trust, its interest in such User Lease and the related Leased Vehicle to the Servicer to the extent necessary for the purposes of participating in such proceeding. If in any enforcement suit or legal proceeding it is held that the Servicer may not enforce a User Lease on the grounds that it is not the real party in interest or a holder entitled to enforce such User Lease, the Origination Trust shall, at the expense and direction of the Servicer, take steps to enforce the User Lease, including bringing suit in the Trust's its name. The Origination Trust shall furnish the Servicer with any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder. The Servicer shall acquire or enter into on behalf of the Trust, in its ordinary course of business, User Leases with End Users approved by the Servicer. The Servicer agrees that its origination, underwriting and servicing of the User Leases for the benefit of the Trust shall be carried out in accordance with Customary Servicing Practices with customary and usual procedures of institutions that service closed-end automobile and sports utility vehicle leases and, to the extent more exacting, the procedures used by the Servicer in respect to similar types of vehiclesany such leases serviced by it for its own account or the accounts of its Affiliates.

Servicer to Act as Servicer. (a) (i) As agent for for, and subject to the supervision, direction supervision and control of of, the Trust General Interest Trustee or the applicable Portfolio Trustee, as set forth the case may be, in accordance with the Trust Agreement, the Servicer Servicer, acting alone and/or through subservicers as provided in Section 3.7(c), shall manage the Trust and shall service, administer and collect under the User Leases and the other Trust Assets in accordance with the terms of this AgreementAssets, and shall have full power and authority, acting alone and subject only to the specific requirements and prohibitions of this Agreement, to do any and all things in connection with such servicing, administering and collecting that it may reasonably deem necessary or desirable. The duties of the Servicer shall include, among other things, acquiring vehicles and originating leases on behalf of the Trust, include collecting and posting payments, responding to inquiries of End Users Obligors on the User Leases, investigating delinquencies, sending payment statements and reporting required tax information (if any) to End UsersObligors, disposing of returned vehicles, consigning Leased Vehicles to motor vehicle dealers for resale or selling a Leased Vehicle at public or private sale, paying costs of disposition of Leased Vehicles related to Chargedcharged-off leases and policing the Leases, commencing and prosecuting any proceedings in respect of the Leases in its own name, in the name of Harco or in the name of the Trust, administering the User Leases, including, but not limited to, including executing powers of attorney to be delivered to End Users Obligors for the limited purpose of obtaining license plates and fulfilling other state requirements for registration of the Leased Vehicles, obtaining a new Certificate of Title to a Leased Vehicle in another the event the related Obligor changes its place of residence from one jurisdiction to the extent required by lawanother, amending payment due dates and making other modifications to the User Leases (in accordance with Customary Servicing PracticesServicer's customary policies), approving repairs to Leased Vehicles and endorsing the related insurance settlement checks for repair work, accounting for collections collections, furnishing monthly and annual statements to the Trust with respect to distributions, administering the Dealer Agreements and originating Leases thereunder, filing UCC-1 continuation and UCC-3 termination statements as appropriate, collecting and remitting applicable sales and property taxes, generating federal and state income tax information and preparing and filing all required tax returns (if any) of the Trust. Without limiting the generality of Trust and all related actions deemed necessary by Servicer in accordance with its customary and usual practice to accomplish the foregoing, the Servicer hereby expressly agrees to perform and carry out on behalf of the Trust, all of the obligations on the part of the Obligee under the User Leases and is hereby authorized and empowered by the Trust to execute and deliver, in its own name or on behalf of the Trust, or both of them, as the case may be, any and all instruments of satisfaction, extension or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the User Leases or the Leased Vehicles. The Servicer shall cause undertakes to notify the Trust to (i) apply for Trustees and maintain (or cause to be applied for and maintained) all licensesthe Collateral Agent upon its learning of a claim of whatever kind that would have a material adverse effect on the Trustees, permits, authorizations and other governmental items necessary and appropriate for the Trust to acquire, hold and manage Trust Assets as contemplated by the Trust Agreement in each jurisdiction where the ownership of its assets or the nature of its operations would require it to maintain such licenses, permits, authorizations or other governmental items, (ii) file (or cause to be filed) all notices, reports and other required filings in each jurisdiction where the location of its assets or the nature of its operations would require the Trust to make such filing, and (iii) pay or cause to be paid all applicable taxes and fees properly due and owing in connection with the Trust's activities. If the Servicer shall commence a legal proceeding to enforce a User LeaseCollateral Agent, the Trust shall thereupon be deemed to have automatically assigned, solely for the purpose of collection on behalf of the Trust, its interest in such User Lease and the related Leased Vehicle to the Servicer to the extent necessary for the purposes of participating in such proceeding. If in any enforcement suit or legal proceeding it is held that the Servicer may not enforce a User Lease on the grounds that it is not the real party in interest or a holder entitled to enforce such User Lease, the Trust shall, at the expense and direction of the Servicer, take steps to enforce the User Lease, including bringing suit in the Trust's name. The Trust shall furnish the Servicer with any powers of attorney and other documents necessary or appropriate to enable the Servicer to carry out its servicing and administrative duties hereunder. The Servicer shall acquire or enter into on behalf of the Trust, in its ordinary course of business, User Leases with End Users approved by the Servicer. The Servicer agrees that its origination, underwriting and servicing of the User Leases for the benefit of the Trust shall be carried out in accordance with Customary Servicing Practices with respect to similar types of vehiclesAssets.