Common use of Shipment of Documents Clause in Contracts

Shipment of Documents. Written instructions as to the method of shipment and the shipper(s) that the Custodian is directed to utilize in connection with transmission of Mortgage Loan Documents in the performance of the Custodian's duties hereunder shall be delivered by the Depositor to the Custodian prior to any shipment of any Mortgage Loan Documents hereunder or if written direction is not provided, the Custodian will utilize a nationally recognized courier for the shipment of documents. The Seller will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's option, reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such instructions) and will maintain such insurance against loss or damage to Custodial Files and Mortgage Loan Documents as the Depositor deems appropriate. Without limiting the generality of the provisions of Section 20 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person or property, arising out of actions of the Custodian properly taken pursuant to instructions of the Trustee.

Appears in 4 contracts

Samples: Custodial Agreement (Luminent Mortgage Trust 2007-1), Custodial Agreement (Luminent Mortgage Trust 2006-7), Custodial Agreement (Lares Asset Securitization, Inc.)

AutoNDA by SimpleDocs

Shipment of Documents. Written instructions as to the method of shipment and the shipper(s) that the Custodian is directed to utilize in connection with transmission of Mortgage Loan Documents in the performance of the Custodian's ’s duties hereunder shall be delivered by the Depositor Lender to the Custodian prior to any shipment of any Mortgage Loan Documents hereunder or if written direction is not provided, the Custodian will utilize a hereunder. All shipments shall be by overnight (morning) delivery via nationally recognized courier for the shipment of documentsovernight courier. The Seller Lender will arrange for the provision of such services at its sole cost and expense (or, at the Custodian's ’s option, shall reimburse the Custodian for all costs and expenses incurred by the Custodian consistent with such Lender’s instructions) and will maintain such insurance against loss or damage to Custodial Mortgage Asset Files and Mortgage Loan Documents as the Depositor Lender deems appropriate. Without limiting the generality of the provisions of Section 20 18 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person or property, arising out of actions of the Custodian properly taken pursuant to instructions of the TrusteeLender. If no instruction is given, Custodian is hereby authorized and directed to use any nationally recognized overnight courier service at the sole cost and expense of Lender, without insurance, and will not be held liable for any damages in connection therewith.

Appears in 1 contract

Samples: Custodial Agreement (Franklin BSP Real Estate Debt BDC)

AutoNDA by SimpleDocs
Time is Money Join Law Insider Premium to draft better contracts faster.