Common use of Limitation on Liability of the Master Servicer and Others Clause in Contracts

Limitation on Liability of the Master Servicer and Others. Neither the Master Servicer nor any of its directors, officers, employees or agents shall be under any liability to the Depositor, the Trustee, the Trust Estate, [the Bond Insurer] or the Bondholders for any action taken or for refraining from the taking of any action by the Master Servicer in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer or any such person against any breach of warranties or representations made herein or against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the performance of the duties of the Master Servicer or by reason of reckless disregard of the obligations and duties of the Master Servicer hereunder. The Depositor, the Master Servicer and any director, officer, employee or agent of the Depositor or the Master Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Master Servicer shall not be under any obligation to appear in, prosecute or defend any legal action that is not incidental to its duties to service the Mortgage Loans in accordance with this Agreement, and that in its opinion may involve it in any expense or liability.

Limitation on Liability of the Master Servicer and Others. Neither Subject to Section 10.13 with respect to the Master Servicer, except as otherwise specifically provided herein or in any Supplement, neither the Master Servicer nor any of its directors, officers, the directors or officers or employees or Affiliates or agents of the Master Servicer shall be under any liability to the DepositorTrust, the Trustee, the Trust Estate, [the Bond Insurer] Certificateholders or the Bondholders any other Person for taking any action taken or for refraining from the taking of any action by the Master Servicer in good faith pursuant to this AgreementAgreement (including any Supplement), whether arising from express or for errors in judgmentimplied duties under this Agreement (including any Supplement) or otherwise; provided, however, that this provision shall not protect the Master Servicer or any such person against any breach of warranties or representations made herein or Person against any liability that which would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the performance of the duties of the Master Servicer or by reason of reckless disregard of the obligations and duties of the Master Servicer hereunder. The Depositor, the Master Servicer and any director, officer, director or officer or employee or Affiliate or agent of the Depositor or the Master Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Master Servicer shall not be under any obligation to appear in, prosecute or defend any legal action that which is not incidental to its duties to service the Mortgage Loans Receivables in accordance with this Agreement, and that Agreement or any Supplement which in its reasonable opinion may involve it in any expense or liability. The provisions of this Section shall survive termination of this Agreement and termination of the Trust.

Limitation on Liability of the Master Servicer and Others. Neither the Master Servicer nor any of its the directors, officers, employees or agents of the Master Servicer shall be under any liability to the Depositor, the Trustee, the Trust Estate, [the Bond Insurer] Trustee or the Bondholders Certificateholders for any action taken or for refraining from the taking of any action by the Master Servicer in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer or any such person against any breach of warranties or representations made herein or against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the its performance of the its duties of the Master Servicer or by reason of reckless disregard of the for its obligations and duties of the Master Servicer hereunderunder this Agreement. The Depositor, the Master Servicer and any director, officer, employee or agent of the Depositor or the Master Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Master Servicer shall not be under any no obligation to appear in, prosecute or defend any legal action that is not incidental to its duties to master service the Mortgage Loans in accordance with this Agreement, Agreement and that in its opinion may involve it in any expense or liability.any

Limitation on Liability of the Master Servicer and Others. (a) Neither the Master Servicer nor any of its the directors, officers, employees or agents of the Master Servicer shall be under any liability to the Depositor, the Trustee, the Trust Estate, [the Bond Insurer] Trustee or the Bondholders Certificateholders for any action taken or for refraining from the taking of any action by the Master Servicer in good faith pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer or any such person against any breach of warranties or representations made herein or against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence in the its performance of the its duties of the Master Servicer or by reason of reckless disregard of the for its obligations and duties of the Master Servicer hereunderunder this Agreement. The Depositor, the Master Servicer and any director, officer, employee or agent of the Depositor or the Master Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Master Servicer shall not be under any no obligation to appear in, prosecute or defend any legal action that is not incidental to its duties to master service the Mortgage Loans in accordance with this Agreement, Agreement and that in its opinion may involve it in any expense expenses or liability.; provided, however, that the Master Servicer may in its sole discretion undertake any such action that it may deem necessary or desirable in respect to this Agreement and the rights and duties of the parties hereto and the interests of the Certificateholders