Servicer's Indemnities. The Servicer shall defend and ---------------------- indemnify the Trust Fund, the Trustee, the Certificate Registrar, each Paying Agent, the Company and the Certificateholders against any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, arising from third party claims or actions in respect of any action taken or failed to be taken by the Servicer or a prior owner of Acquired Contracts or servicer on behalf of such owner with respect to any Contract or Manufactured Home and any failure by the Servicer to perform its obligations in compliance with the standard of care set forth in this Agreement. This indemnity shall survive any Event of Default (but a Servicer's obligations under this Section 8.03 shall not relate to any actions of any subsequent Servicer after an Event of Default) and any payment of the amount owing under, or any repurchase by the Company of, any such Contract.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Pass Throu Cert Ser 1998b), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pass THR Cert Ser 2000-D), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Man Ho Co Se Su Pa Th Ce Se 1998a)
Servicer's Indemnities. The Servicer shall defend and ---------------------- indemnify the Trust Fund, the Trustee, the Certificate Registrar, each Paying Agent, the Company Vanderbilt and the Certificateholders against any and all costs, expenses, losses, damages, claims and liabilities, including reasonable fees and expenses of counsel and expenses of litigation, arising from third party claims or actions in respect of any action taken or failed to be taken by the Servicer or a prior owner of Acquired Contracts or servicer on behalf of such owner with respect to any Contract or Manufactured Home and any failure by the Servicer to perform its obligations in compliance with the standard of care set forth in this Agreement. This indemnity shall survive any Event of Default (but a Servicer's obligations under this Section 8.03 shall not relate to any actions of any subsequent Servicer after an Event of Default) and any payment of the amount owing under, or any repurchase by the Company Vanderbilt of, any such Contract.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Senior Sub Pas THR Cert Ser 2002 A), Pooling and Servicing Agreement (Senior Subordinate Pass Through Certificates Series 2001-C)
