Common use of The Back Clause in Contracts

The Back. Up Servicer shall act as the agent and attorney of the Servicer in carrying out the Services and performing the covenants of the Servicer under this Agreement on behalf of the Servicer PROVIDED THAT: (a) it shall adhere to the Seller's Policy and any express instructions of the Servicer from time to time; (b) to the extent that the Back-Up Servicer cannot act within the Seller's Policy, it shall request the Servicer to give it instructions as to the appropriate course of action; (c) the terms of the appointment of the Back-Up Servicer shall require the Back-Up Servicer to undertake (unless the Security Trustee otherwise agrees) to the Issuer and the Security Trustee that, other than to the extent that they conflict with any instruction from the Servicer to the Back-Up Servicer, it shall use its reasonable endeavours to carry out its duties and obligations as Back-Up Servicer in such a way as to ensure that the Servicer performs and observes the Services and shall acknowledge that as between the Seller and the Borrowers, the Seller is responsible for the Services; (d) it shall have no power to: (i) set interest rates in respect of the Loans in accordance with Clause 4 (Issuer Standard Variable Rates); or (ii) determine the Seller's Policy, which shall remain the sole responsibility of the Servicer and or the Seller, as applicable, at all times prior to the termination of the Servicer's appointment; and (e) the Servicer shall remain responsible and liable to the Borrowers for its duties and obligations in respect of the Loans and Related Security except (as between the Servicer and Back-Up Servicer) to the extent any liability arises as a result of a breach of its duties by the Back-Up Servicer or its negligence or wilful default.

The Back. Up Servicer shall act as the agent and attorney of the Servicer in carrying out the Services Servic es and performing the covenants of the Servicer under this Agreement on behalf of the Servicer PROVIDED THAT: (a) it shall adhere to the Seller's Policy and any express instructions of the Servicer from time to time; (b) to the extent that the Back-Up Servicer cannot act within the Seller's Policy, it shall request the Servicer to give it instructions as to the appropriate course of action; (c) the terms of the appointment of the Back-Up Servicer shall require the Back-Up Servicer Servic er to undertake (unless the Security Trustee otherwise agrees) to the Issuer and the Security Trustee that, other than to the extent that they conflict with any instruction from the Servicer to the Back-Up Servicer, it shall use its reasonable endeavours to carry out its duties and obligations as Back-Up Servicer in such a way as to ensure that the Servicer performs and observes the Services and shall acknowledge that as between the Seller and the BorrowersBorrow ers, the Seller is responsible for the Services; (d) it shall have no power to: (i) set interest rates in respect of the Loans in accordance with Clause 4 (Issuer Standard Variable Rates); or (ii) determine the Seller's Policy, which shall remain the sole responsibility of the Servicer and or the Seller, as applicableapplic able, at all times prior to the termination of the Servicer's appointment; and (e) the Servicer shall remain responsible and liable to the Borrowers for its duties and obligations in respect of the Loans and Related Security except (as between the Servicer and Back-Up Servicer) to the extent any liability arises as a result of a breach of its duties by the Back-Up Servicer or its negligence or wilful default.

The Back. Up Servicer shall act as the agent and attorney of the Servicer in carrying out the Services and performing the covenants of the Servicer under this Agreement on behalf of the Servicer PROVIDED THAT: (a) it shall adhere to the Seller's Policy and any express instructions of the Servicer from time to time; (b) to the extent that the Back-Up Servicer cannot act within the Seller's Policy, it shall request the Servicer to give it instructions as to the appropriate course of action; (c) the terms of the appointment of the Back-Up Servicer shall require the Back-Up Servicer to undertake (unless the Security Trustee otherwise agrees) to the Issuer and the Security Trustee that, other than to the extent that they conflict with any instruction from the Servicer to the Back-Up Servicer, it shall use its reasonable endeavours to carry out its duties and obligations as Back-Up Servicer in such a way as to ensure that the Servicer performs and observes the Services and shall acknowledge that as between the Seller and the Borrowers, the Seller is responsible for the Services; (d) it shall have no power to: (i) set interest rates in respect of the Loans in accordance with Clause 4 (Issuer Standard Variable Rates); or (ii) determine the Seller's Policy, which shall remain the sole responsibility of the Servicer and or the Seller, as applicable, at all times prior to the termination of the Servicer's appointment; and (e) the Servicer shall remain responsible and liable to the Borrowers for its duties and obligations in respect of the Loans and Related Security except (as between the Servicer and Back-Up Servicer) to the extent any liability arises as a result of a breach of its duties by the Back-Up Servicer or its negligence or wilful default.default.‌