The Servicer Indemnification. The Servicer agrees to indemnify the Trustee, Master Servicer and the Securities Administrator, from, and hold the Trustee, Master Servicer and the Securities Administrator harmless against, any loss, liability or expense (including reasonable attorney’s fees and expenses) incurred by any such Person by reason of the Servicer’s willful misfeasance, bad faith or gross negligence in the performance of its duties under this Agreement or by reason of the Servicer’s reckless disregard of its obligations and duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement and the resignation or removal of the Servicer, the Trustee, the Master Servicer and the Securities Administrator. Any payment hereunder made by the Servicer to any such Person shall be from the Servicer’s own funds, without reimbursement from REMIC I therefor.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Loan Trust Series 2005-He2), Pooling and Servicing Agreement (ACE Securities Corp Home Equity Loan Trust 2005-He5), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2005-Asap1)
The Servicer Indemnification. The Servicer agrees to indemnify the Certificate Insurer, Trustee, Master Servicer and the Securities Administrator, from, and hold the Trustee, Master Servicer and the Securities Administrator harmless against, any loss, liability or expense (including reasonable attorney’s 's fees and expenses) incurred by any such Person by reason of the Servicer’s 's willful misfeasance, bad faith or gross negligence in the performance of its duties under this Agreement or by reason of the Servicer’s 's reckless disregard of its obligations and duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement and the resignation or removal of the Certificate Insurer, Servicer, the Trustee, the Master Servicer and the Securities Administrator. Any payment hereunder made by the Servicer to any such Person shall be from the Servicer’s 's own funds, without reimbursement from REMIC I therefor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Rm1), Pooling and Servicing Agreement (Ace Securities Corp Series HE2)
The Servicer Indemnification. The Servicer agrees to indemnify the Trustee, Master Servicer and the Securities Administrator, from, and hold the Trustee, Master Servicer and the Securities Administrator harmless against, any loss, liability or expense (including reasonable attorney’s 's fees and expenses) incurred by any such Person by reason of the Servicer’s 's willful misfeasance, bad faith or gross negligence in the performance of its duties under this Agreement or by reason of the Servicer’s 's reckless disregard of its obligations and duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement and the resignation or removal of the Servicer, the Trustee, the Master Servicer and the Securities Administrator. Any payment hereunder made by the Servicer to any such Person shall be from the Servicer’s 's own funds, without reimbursement from REMIC I therefor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Fm2), Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Rm2)
The Servicer Indemnification. The Each Servicer agrees to indemnify the Trustee, Master Servicer and the Securities Administrator, from, and hold the Trustee, Master Servicer and the Securities Administrator harmless against, any loss, liability or expense (including reasonable attorney’s 's fees and expenses) incurred by any such Person by reason of the related Servicer’s 's willful misfeasance, bad faith or gross negligence in the performance of its duties under this Agreement or by reason of the such Servicer’s 's reckless disregard of its obligations and duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement and the resignation or removal of the related Servicer, the Trustee, the Master Servicer and the Securities Administrator. Any payment hereunder made by the related Servicer to any such Person shall be from the such Servicer’s 's own funds, without reimbursement from REMIC I therefor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2005 SD1)
The Servicer Indemnification. The Each Servicer agrees to indemnify the Trustee, Master Servicer and the Securities Administrator, from, and hold the Trustee, Master Servicer and the Securities Administrator harmless against, any loss, liability or expense (including reasonable attorney’s 's fees and expenses) incurred by any such Person by reason of the such Servicer’s 's willful misfeasance, bad faith or gross negligence in the performance of its duties under this Agreement or by reason of the such Servicer’s 's reckless disregard of its obligations and duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement and the resignation or removal of the related Servicer, the Trustee, the Master Servicer and the Securities Administrator. Any payment hereunder made by the related Servicer to any such Person shall be from the related Servicer’s 's own funds, without reimbursement from REMIC I therefor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ACE Securities Corp Home Equity Series 2005-He1)
The Servicer Indemnification. The Servicer agrees to indemnify the Trustee, Master Servicer and the Securities Administrator, from, and hold the Trustee, Master Servicer and the Securities Administrator harmless against, any loss, liability or expense (including reasonable attorney’s 's fees and expenses) incurred by any such Person by reason of the Servicer’s 's willful misfeasance, bad faith or gross negligence in the performance of its duties under this Agreement or by reason of the Servicer’s 's reckless disregard of its obligations and duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement and the resignation or removal of the Servicer, the Trustee, the Master Servicer and the Securities Administrator. Any payment hereunder made by the Servicer to any such Person shall be from the Servicer’s 's own funds, without reimbursement from REMIC I therefor.. 105
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-He3)
The Servicer Indemnification. The Servicer agrees to indemnify the Trustee, Master Servicer and the Securities Administrator, from, and hold the Trustee, Master Servicer and the Securities Administrator harmless against, any loss, liability or expense (including reasonable attorney’s 's fees and expenses) incurred by any such Person by reason of the Servicer’s 's willful misfeasance, bad faith or gross negligence in the performance of its duties under this Agreement or by reason of the Servicer’s 's reckless disregard of its obligations and duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement and the resignation or removal of the Servicer, the Trustee, the Master Servicer and the Securities Administrator. Any payment hereunder made by the Servicer to any such Person shall be from the Servicer’s 's own funds, without reimbursement from REMIC I therefor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (ACE Securities Corp Series 2004-Sd1)