Use of I.T. systems (a) The Servicer covenants that, at the date hereof in respect of the software which is used by it in providing the Services, it shall for the duration of this Agreement: (i) ensure that it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software; and (ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Issuer and the Seller elect as a substitute servicer in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time or use all reasonable endeavours to ensure that such sub-contractor or delegate can access the Servicer's software and/or data files insofar as it is necessary for the sub- contractor or delegate to carry out the relevant services. (b) The Servicer shall use reasonable endeavours to maintain in working order the information technology systems used by the Servicer in providing the Services. (c) The Servicer shall pass to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement, and/or to such person as the Issuer and the Seller elect as a substitute servicer in accordance with the terms of this Agreement, the benefit of any warranties in relation to the software insofar as the same are capable of assignment.
Appears in 3 contracts
Samples: Servicing Agreement, Servicing Agreement, Servicing Agreement
Use of I.T. systems
(a) The Servicer covenants that, at the date hereof in respect of the software which is used by it in providing the Services, it shall for the duration of this Agreement:
(i) ensure that it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software; and
(ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Issuer and the Seller elect as a substitute servicer in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time or use all reasonable endeavours to ensure that such sub-contractor or delegate can access the Servicer's software and/or data files insofar as it is necessary for the sub- sub-contractor or delegate to carry out the relevant services.
(b) The Servicer shall use reasonable endeavours to maintain in working order the information technology systems used by the Servicer in providing the Services.
(c) The Servicer shall pass to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement, and/or to such person as the Issuer and the Seller elect as a substitute servicer in accordance with the terms of this Agreement, the benefit of any warranties in relation to the software insofar as the same are capable of assignmentassignment or assignation (as appropriate).
Appears in 2 contracts
Samples: Servicing Agreement, Servicing Agreement
Use of I.T. systems
(a) The Servicer covenants that, at the date hereof in respect of the software which is used by it in providing the Services, it shall for the duration of this Agreement:
(i) ensure that it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software; and
(ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Issuer and the Seller elect as a substitute servicer in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time or use all reasonable endeavours to ensure that such sub-contractor or delegate can access the Servicer's software and/or data files insofar as it is necessary for the sub- contractor or delegate to carry out the relevant services.
(b) The Servicer shall use reasonable endeavours to maintain in working order the information technology systems used by the Servicer in providing the Services.
(c) The Servicer shall pass to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement, and/or to such person as the Issuer and the Seller elect as a substitute servicer in accordance with the terms of this Agreement, the benefit of any warranties in relation to the software insofar as the same are capable of assignmentassignment or assignation (as appropriate).
Appears in 1 contract
Samples: Servicing Agreement
Use of I.T. systems
(a) The Servicer covenants that, at the date hereof in respect of the software which is used by it in providing the Services, it shall for the duration of this Agreement:
(i) ensure that it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software; and
(ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Issuer and the Seller elect as a substitute servicer in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time or use all reasonable endeavours to ensure that such sub-contractor or delegate can access c an ac cess the Servicer's software and/or data files insofar as it is necessary for the sub- sub - contractor or delegate to carry out the relevant services.
(b) The Servicer shall use reasonable endeavours to maintain in working order the information technology systems used by the Servicer in providing the Services.
(c) The Servicer shall pass to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement, and/or to such person as the Issuer and the Seller elect as a substitute servicer in accordance with the terms of this Agreement, the benefit of any warranties in relation to the software insofar as the same are capable of assignmentassignment or assignation (as appropriate).
Appears in 1 contract
Samples: Servicing Agreement