Common use of Servicer's Indemnities Clause in Contracts

Servicer's Indemnities. Each entity serving as Servicer shall defend and indemnify the Issuer and the Trustee against any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, in respect of any action taken, or failure to take any action by such entity as Servicer (but not by any predecessor or successor Servicer) with respect to this Indenture or any Pledged Loan; provided, however, such indemnity shall apply only in respect of any negligent action taken, or negligent failure to take any action, or reckless disregard of duties hereunder, or bad faith or willful misconduct by the Servicer. This indemnity shall survive any Service Transfer (but a Servicer’s obligations under this Section 10.3 shall not relate to any actions of any Successor Servicer after a Service Transfer) and any payment of the amount owing hereunder or any release by the Issuer of any such Pledged Loan.

Servicer's Indemnities. Each entity serving as Servicer shall defend and indemnify the Issuer and the Trustee against any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, in respect of any action taken, or failure to take any action by such entity as Servicer (but not by any predecessor or successor Servicer) with respect to this Indenture or any Pledged Loan; provided, however, that such indemnity shall apply only in respect of any negligent action taken, or negligent failure to take any action, or reckless disregard of duties hereunder, or bad faith or willful misconduct by the Servicer. This indemnity shall survive any Service Transfer (but a Servicer’s obligations under this Section 10.3 9.3 shall not relate to any actions of any Successor Servicer after a Service Transfer) and any payment of the amount owing hereunder or under this Indenture or any release by the Issuer of any such Pledged Loan.

Servicer's Indemnities. Each entity serving as The Servicer shall defend and ----------------------- indemnify the Issuer Trustee, Issuer, FAC (if it is no longer the Servicer) and the Trustee Noteholders against any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, in respect of any action taken, or failure to take any action by such entity as the Servicer (but not by any predecessor or successor Servicer) with respect to this Indenture Agreement or any Pledged LoanContract; provided, however, that if a Successor Servicer is acting ----------------- as Servicer, such indemnity shall apply only in respect of any negligent action taken, or negligent failure to take any action, or reckless disregard of duties hereunder, or bad faith or willful misconduct by the such Successor Servicer. This indemnity shall survive any Service Transfer (but a Servicer’s 's obligations under this Section 10.3 shall not relate to any actions of any Successor Servicer after a Service Transfer) and any payment of the amount owing hereunder under, or any purchase release by the Issuer of any such Pledged LoanContract.

Servicer's Indemnities. Each entity serving as The Servicer shall defend and indemnify each of the Issuer Borrower, the Collateral Agent, the Administrative Agent, Triple-A, the Surety, their respective officers, directors, employees and the Trustee agents and any of their respective successors and permitted assigns, against any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, in respect of any action taken, or failure to take any action by such entity as the Servicer (but not by any predecessor or successor Servicer) with respect to this Indenture Credit Agreement, any other Facility Document, any Acquired Advance or any Pledged LoanLoan Document; provided, however, that if a Successor Servicer is acting as Servicer, such indemnity shall apply only in respect of any grossly negligent action taken, or grossly negligent failure to take any action, or reckless disregard of duties hereunder, or bad faith or willful misconduct by the such Successor Servicer. This indemnity shall survive any Service Servicer Transfer (but a Servicer’s 's obligations under this Section 10.3 11.03 shall not relate to any actions or failures to act of any Successor Servicer after a Service Servicer Transfer) and any payment of the amount owing hereunder or any release by the Issuer of any such Pledged Loan).

Servicer's Indemnities. Each entity serving as The Servicer shall defend and indemnify each of the Issuer Collateral Agent, the Administrative Agent, Triple-A, the Surety, the L/C Bank and FAC (if it is no longer the Trustee Servicer) and any of their respective successors and permitted assigns, against any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, in respect of any action taken, or failure to take any action by such entity as the Servicer (but not by any predecessor or successor Servicer) with respect to this Indenture Credit Agreement, any Pledged Contract or any Pledged Loanother Facility Document; provided, however, that if a Successor Servicer is acting as Servicer, such indemnity shall apply only in respect of any grossly negligent action taken, or grossly negligent failure to take any action, or reckless disregard of duties hereunder, or bad faith or willful misconduct by the such Successor Servicer. This indemnity shall survive any Service Servicer Transfer (but a Servicer’s 's obligations under this Section 10.3 12.03 shall not relate to any actions of any Successor Servicer after a Service Servicer Transfer) and any payment of the amount owing hereunder under, or any purchased release by the Issuer Borrower of any such Pledged LoanContract.

Servicer's Indemnities. Each entity serving as Servicer shall defend and indemnify the Issuer and the Trustee against any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, in respect of any action taken, or failure to take any action by such entity as Servicer (but not by any predecessor or successor Servicer) with respect to this Indenture or any Pledged Loan; provided, however, such indemnity shall apply only in respect of any negligent action taken, or negligent failure to take any action, or reckless disregard of duties hereunder, or bad faith or willful misconduct by the Servicer. This indemnity shall survive any Service Transfer (but a Servicer’s 's obligations under this Section 10.3 shall not relate to any actions of any Successor Servicer after a Service Transfer) and any payment of the amount owing hereunder or any release by the Issuer of any such Pledged Loan.

Servicer's Indemnities. Each entity serving as Servicer shall defend and indemnify the Issuer and the Trustee against any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, in respect of any action taken, or failure to take any action by such entity as Servicer (but not by any predecessor or successor Servicer) with respect to this Indenture Agreement or any Pledged Loan; provided, however, such indemnity shall apply only in respect of any negligent action taken, or negligent failure to take any action, or reckless disregard of duties hereunder, or bad faith or willful misconduct by the Servicer. This indemnity shall survive any Service Transfer (but a Servicer’s obligations under this Section 10.3 shall not relate to any actions of any Successor Servicer after a Service Transfer) and any payment of the amount owing hereunder or any release by the Issuer of any such Pledged Loan.