Common use of Transmission of Custodial Files Clause in Contracts

Transmission of Custodial Files. Written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with transmission of mortgage files and loan documents in the performance of the Custodian's duties hereunder shall be delivered by the Purchaser or its designee to the Custodian prior to any shipment of any mortgage files and loan document hereunder at the cost and expense of the Purchaser and the Purchaser will maintain such insurance against loss or damage to mortgage files and loan documents as the Purchaser deems appropriate. Without limiting the generality of the provisions of Sections 25 and 26 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including, without limitation, the Purchaser or its designees arising out of actions of the Custodian consistent with instructions of Purchaser or its designees. In the event the Custodian does not receive such written instructions, the Custodian may utilize any nationally recognized courier service and shall be indemnified as provided herein for such usage.

Appears in 6 contracts

Samples: Custodial Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Custodial Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Custodial Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)

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Transmission of Custodial Files. Written instructions as to the method of shipment and shipper(s) the Custodian is directed to utilize in connection with transmission of mortgage files and loan documents in the performance of the Custodian's ’s duties hereunder shall be delivered by the Purchaser or its designee to the Custodian prior to any shipment of any mortgage files and loan document hereunder at the cost and expense of the Purchaser and the Purchaser will maintain such insurance against loss or damage to mortgage files and loan documents as the Purchaser deems appropriate. Without limiting the generality of the provisions of Sections 25 and 26 above, it is expressly agreed that in no event shall the Custodian have any liability for any losses or damages to any person, including, without limitation, the Purchaser or its designees arising out of actions of the Custodian consistent with instructions of Purchaser or its designees. In the event the Custodian does not receive such written instructions, the Custodian may utilize any nationally recognized courier service and shall be indemnified as provided herein for such usage.

Appears in 3 contracts

Samples: Custodial Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Custodial Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Custodial Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)

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