Common use of Shipment of Documents Clause in Contracts

Shipment of Documents. Written Instructions as to the method of shipment and shipper(s) that Custodian is directed to utilize in connection with transmission of Mortgage Files in the performance of the Custodian's duties hereunder shall be delivered by the Sellers, the Buyer or any other Registered Holder to Custodian prior to any shipment of any Mortgage Files hereunder. The requesting party will arrange for the provision of such services at its sole cost and expense (or, at such party's option, reimburse Custodian for all costs and expenses incurred by Custodian consistent with such Written Instructions) and will maintain such insurance against loss or damage to the Mortgage Files as the requesting party deems appropriate. Without limiting the generality of the provisions of Section 21 below, it is expressly agreed that in no event shall Custodian have any liability for any losses or damages to any person, arising out of actions of Custodian in accordance with instructions of the requesting party, unless such performance constitutes negligence, lack of good faith or willful misconduct on the part of the Custodian or any of its directors, officers, agents or employees. In the absence of Written Instructions from the Sellers or the Buyer, the Custodian shall not ship the related Mortgage Files.

Appears in 1 contract

Samples: Custodial Agreement (American Home Mortgage Investment Corp)

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Shipment of Documents. Written Instructions as to the method of shipment and shipper(s) that Custodian is directed to utilize in connection with transmission of Mortgage Files in the performance of the Custodian's ’s duties hereunder shall be delivered by the Sellers, Seller or the Buyer or any other Registered Holder to Custodian prior to any shipment of any Mortgage Files hereunder. The requesting party will arrange for the provision of such services at its sole cost and expense (or, at such party's ’s option, reimburse Custodian for all costs and expenses incurred by Custodian consistent with such Written Instructions) and will maintain such insurance against loss or damage to the Mortgage Files as the requesting party deems appropriate. Without limiting the generality of the provisions of Section 21 20 below, it is expressly agreed that in no event shall Custodian have any liability for any losses or damages to any person, arising out of actions of Custodian in accordance with instructions of the requesting party, unless such performance constitutes negligence, lack of good faith or willful misconduct on the part of the Custodian or any of its directors, officers, agents or employees. In the absence of Written Instructions from the Sellers Seller or the Buyer, the Custodian shall not ship the related Mortgage Files.

Appears in 1 contract

Samples: Custodial Agreement (Mortgageit Holdings Inc)

Shipment of Documents. Written Instructions instructions as to the method of shipment and the shipper(s) that the Custodian is directed to utilize in connection with transmission of Mortgage Files Loan Documents in the performance of the Custodian's ’s duties hereunder shall be delivered by the Sellers, Seller to the Buyer or any other Registered Holder to Custodian prior to any shipment of any Mortgage Files Loan Documents hereunder. The requesting party Seller will arrange for the provision of such services at its sole cost and expense (or, at such party's the Custodian’s option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such Written Instructionsinstructions) and will maintain such insurance against loss or damage to the Custodial Files and Mortgage Files Loan Documents as the requesting party Servicer deems appropriate. Without limiting the generality of the provisions of Section 21 below20 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any personperson or property, arising out of actions of the Custodian in accordance with properly taken pursuant to instructions of the requesting party, unless such performance constitutes negligence, lack of good faith Indenture Trustee or willful misconduct on the part of the Custodian or any of its directors, officers, agents or employeesSeller. In the absence event the Custodian does not receive written instructions as to the method of Written Instructions shipment and shippers from the Sellers or the BuyerSeller, the Custodian shall not ship the related Mortgage Filesis hereby authorized to utilize a nationally recognized courier service and be reimbursed therefor.

Appears in 1 contract

Samples: Custodial Agreement (Aames Mortgage Investment Trust 2006-1)

Shipment of Documents. Written Instructions as to the method of shipment and shipper(s) that Custodian is directed to utilize in connection with transmission of Mortgage Files in the performance of the Custodian's duties hereunder shall be delivered by the Sellers, the Buyer or any other Registered Holder Sellers to Custodian prior to any shipment of any Mortgage Files hereunder. The requesting party Buyer will arrange for the provision of such services at its sole cost and expense (or, at such partyCustodian's option, Buyer will reimburse Custodian for all costs and expenses incurred by Custodian consistent with such Written Instructionsinstructions) and will maintain such insurance against loss or damage to the Mortgage Files as the requesting party each Seller deems appropriate. Without limiting the generality of the provisions of Section 21 below17 above, it is expressly agreed that in no event shall Custodian have any liability for any losses or damages to any person, arising out of actions of Custodian in accordance with instructions of the requesting partySellers or the Buyer, unless such performance constitutes negligence, lack of good faith or willful misconduct on the part of the Custodian or any of its directors, officers, agents or employees. In If the absence of Custodian does not receive timely Written Instructions from as to the Sellers or method of shipment and shipper(s) of the Buyerrelated Mortgage Files, the Custodian shall not ship the related Mortgage Filesbe fully protected in using a nationally recognized courier.

Appears in 1 contract

Samples: Custodial Agreement (MortgageIT Holdings, Inc.)

Shipment of Documents. Written Instructions as to the method of shipment and shipper(s) that Custodian is directed to utilize in connection with transmission of Mortgage Asset Files in the performance of the Custodian's duties hereunder shall be delivered by the Sellers, the Buyer or any other Registered Holder each Seller to Custodian prior to any shipment of any Mortgage Asset Files hereunder. The requesting party Buyer will arrange for the provision of such services at its sole cost and expense (or, at such partyCustodian's option, Buyer will reimburse Custodian for all costs and expenses incurred by Custodian consistent with such Written Instructionsinstructions) and will maintain such insurance against loss or damage to the Mortgage Asset Files as the requesting party each Seller deems appropriate. Without limiting the generality of the provisions of Section 21 below17 above, it is expressly agreed that in no event shall Custodian have any liability for any losses or damages to any person, arising out of actions of Custodian in accordance with instructions of the requesting partySellers or the Buyer, unless such performance constitutes negligence, lack of good faith or willful misconduct on the part of the Custodian or any of its directors, officers, agents or employees. In If the absence of Custodian does not receive timely Written Instructions from as to the Sellers or method of shipment and shipper(s) of the Buyerrelated Asset Files, the Custodian shall not ship the related Mortgage Filesbe fully protected in using a nationally recognized courier.

Appears in 1 contract

Samples: Custodial Agreement (American Home Mortgage Investment Corp)

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Shipment of Documents. Written Instructions as to the method of shipment and shipper(s) that Custodian is directed to utilize in connection with transmission of Mortgage Files in the performance of the Custodian's duties hereunder shall be delivered by the Sellers, each Seller or the Buyer or any other Registered Holder to Custodian prior to any shipment of any Mortgage Files hereunder. The requesting party will arrange for the provision of such services at its sole cost and expense (or, at such party's option, reimburse Custodian for all costs and expenses incurred by Custodian consistent with such Written Instructions) and will maintain such insurance against loss or damage to the Mortgage Files as the requesting party deems appropriate. Without limiting the generality of the provisions of Section 21 20 below, it is expressly agreed that in no event shall Custodian have any liability for any losses or damages to any person, arising out of actions of Custodian in accordance with instructions of the requesting party, unless such performance constitutes negligence, lack of good faith or willful misconduct on the part of the Custodian or any of its directors, officers, agents or employees. In the absence of Written Instructions from the Sellers a Seller or the Buyer, the Custodian shall not ship the related Mortgage Files.

Appears in 1 contract

Samples: Custodial Agreement (MortgageIT Holdings, Inc.)

Shipment of Documents. Written Instructions as to the method of shipment and shipper(s) that Custodian is directed to utilize in connection with transmission of Mortgage Files in the performance of the Custodian's ’s duties hereunder shall be delivered by the Sellers, each Seller or the Buyer or any other Registered Holder to Custodian prior to any shipment of any Mortgage Files hereunder. The requesting party will arrange for the provision of such services at its sole cost and expense (or, at such party's ’s option, reimburse Custodian for all costs and expenses incurred by Custodian consistent with such Written Instructions) and will maintain such insurance against loss or damage to the Mortgage Files as the requesting party deems appropriate. Without limiting the generality of the provisions of Section 21 20 below, it is expressly agreed that in no event shall Custodian have any liability for any losses or damages to any person, arising out of actions of Custodian in accordance with instructions of the requesting party, unless such performance constitutes negligence, lack of good faith or willful misconduct on the part of the Custodian or any of its directors, officers, agents or employees. In the absence of Written Instructions from the Sellers a Seller or the Buyer, the Custodian shall not ship the related Mortgage Files.

Appears in 1 contract

Samples: Custodial Agreement (MortgageIT Holdings, Inc.)

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