Common use of The Servicer to Pay Trustees’ Fees and Expenses Clause in Contracts

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and, subject to Section 8.04, the Servicer will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its gross negligence or bad faith and except as provided in the second following sentence. The Servicer's covenant to pay the expenses, disbursements and advances provided for in the preceding sentence shall survive the termination of this Agreement. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be covered out of the Servicing Fee.

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers power and duties hereunder of the Trustee, and, subject to Section 8.048.4, the Servicer will shall pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its gross negligence or bad faith and except as provided in the second following sentence. The Servicer's covenant covenants to pay the expenses, disbursements and advances provided for in the preceding sentence shall survive the resignation or removal of the Trustee and the termination of this Agreement. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be covered out of the Servicing Fee; provided, however, if such expenses, disbursements and advances incurred by the Trustee are in amount in excess of the Servicing Fee, such excess amount shall be paid in full to the Trustee by DFS. To the extent, if any, that any Federal, state or local taxes are payable by the Trust, such taxes shall be payable solely out of Trust Assets an not out of the personal assets of the Trustee.

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder or under any Supplement of the Trustee, and, subject to Section 8.048.4, the Servicer will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Supplement (including the reasonable fees and expenses of its agents, any co-trustee agents and counselcounsel and all reasonable fees and expenses incurred in connection with the appointment of the Trustee or an Affiliate of the Trustee as Successor Servicer) except any such expense, disbursement or advance as may arise from its gross negligence or bad faith and except as provided in the second following sentence. The Servicer's covenant to pay the expenses, disbursements and advances provided for in the preceding sentence shall survive the termination of this Agreement. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be covered paid out of the Servicing Fee. The provisions of this Section and Section 8.4 shall survive the termination of this Agreement, the termination of the Trust and the resignation or removal of the Trustee.

The Servicer to Pay Trustees’ Fees and Expenses. The ----------------------------------------------- Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of the Trustee, and, subject to Section 8.04, the Servicer will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Supplement (including the reasonable fees and expenses of its agents, any co-trustee agents and counsel) except any such expense, disbursement or advance as may arise from its gross negligence or bad faith and except as provided in the second following sentence. The Servicer's covenant to pay the expenses, disbursements and advances provided for in the preceding sentence shall survive the termination of this Agreement. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions provision of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be covered out of the Servicing Fee.

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay the fees and expenses set forth in subsections (a) - (c) below. (a) The Servicer shall pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation for all services rendered by it hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). 121 (b) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of The Servicer shall, except as otherwise expressly provided herein, to reimburse the Trustee, andto the extent requested by the Trustee, subject to Section 8.04, the Servicer will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions provision of this Agreement (including the reasonable fees and expenses of its agentsAgreement, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from be attributable to its gross negligence or bad faith. (c) The Servicer shall indemnify the Trustee for, and to hold it harmless against, any loss, liability or expense incurred without negligence or bad faith on its part, arising out of or in connection with the acceptance or administration of this trust and except as provided its duties hereunder, including the costs and expenses of defending itself against any claim or liability in connection with the second following sentenceexercise or performance of any of its powers or duties hereunder. All such payments by the Servicer shall be made from its own funds. The Servicer's covenant to pay covenants in this Section 11.05 shall be for the expensesbenefit of the Trustee in its capacities as Trustee, disbursements Custodian, Paying Agent and advances provided for in the preceding sentence Certificate Registrar hereunder, and shall survive the termination of this Agreement. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be covered out of the Servicing Fee.

The Servicer to Pay Trustees’ Fees and Expenses. The ----------------------------------------------- Servicer agrees to pay the fees and expenses set forth in subsections (a) - (c) below. (a) The Servicer covenants and agrees to shall pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation for all services rendered by it hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust). (b) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder of The Servicer shall, except as otherwise expressly provided herein, reimburse the Trustee, andto the extent requested by the Trustee, subject to Section 8.04, the Servicer will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions provision of this Agreement (including the reasonable fees and expenses of its agentsAgreement, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from be attributable to its gross negligence or bad faith. (c) The Servicer shall indemnify the Trustee for, and hold it harmless against, any loss, liability or expense incurred without negligence or bad faith and except as provided on its part, arising out of or in connection with the second following sentence. The Servicer's covenant to pay the expenses, disbursements and advances provided for in the preceding sentence shall survive the termination acceptance or administration of this Agreement. If trust and its duties hereunder, including the Trustee is appointed Successor Servicer pursuant to Section 10.02, costs and expenses of defending itself against any claim or liability in connection with the provisions exercise or performance of this Section 11.05 shall not apply to expenses, disbursements and advances made any of its powers or incurred by the Trustee in its capacity as Successor Servicer, which shall be covered out of the Servicing Feeduties hereunder.

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers power and duties hereunder of the Trustee, and, subject to Section 8.048.4, the Servicer will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement (including the reasonable fees and expenses of its agents, any co-trustee and counsel) except any such expense, disbursement or advance as may arise from its gross negligence or bad faith and except as provided in the second following sentence. The Servicer's covenant covenants to pay the expenses, disbursements and advances provided for in the preceding sentence shall survive the resignation removal of the Trustee and the termination of this Agreement. If the Trustee is appointed Successor Servicer pursuant to Section 10.0210.2, the provisions of this Section 11.05 11.5 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be covered out of the Servicing Fee; provided, however, if such expenses, disbursements and advances incurred by the Trustee are in amount in excess of the Servicing Fee, such excess amount shall be paid in full to the Trustee by DFS. To the extent, if any, that any Federal, state or local taxes are payable by the Trust, such taxes shall be payable solely out of Trust Assets an not out of the personal assets of the Trustee.

The Servicer to Pay Trustees’ Fees and Expenses. The Servicer covenants and agrees to pay to the Trustee from time to time, and the Trustee shall be entitled to receive, reasonable compensation (which shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust) for all services rendered by it in the execution of the trust hereby created and in the exercise and performance of any of the powers and duties hereunder or under any Supplement of the Trustee, and, subject to Section 8.04, the Servicer will pay or reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any of the provisions of this Agreement or any Supplement (including the reasonable fees and expenses of its agents, any co-trustee agents and counsel) except any such expense, disbursement or advance as may arise from its gross negligence or bad faith and except as provided in the second following sentence. The Servicer's covenant to pay the expenses, disbursements and advances provided for in the preceding sentence shall survive the termination of this Agreement. If the Trustee is appointed Successor Servicer pursuant to Section 10.02, the provisions of this Section 11.05 shall not apply to expenses, disbursements and advances made or incurred by the Trustee in its capacity as Successor Servicer, which shall be covered out of the Servicing Fee. The provisions of this paragraph and Sections 8.04 and 8.09 shall survive the termination of the Trust and the resignation or removal of the Trustee.