Common use of Charges and Expenses Clause in Contracts

Charges and Expenses. The Servicer will pay all fees of Custodian in connection with the performance of its duties hereunder in accordance with written agreements to be entered into from time to time between the parties hereto and Custodian, including fees and expenses of counsel incurred by Custodian in the performance of its duties hereunder; provided, however, that (i) Custodian shall in no event acquire any lien upon any Mortgage Loan deposited under this Agreement or the Transfer Agreement or the Pooling and Servicing Agreement, or any claim against any Mortgage Holder by reason of the failure of the Servicer to pay any of such charges or expenses and (ii) in the event the Servicer fails to pay the fees and expenses of Custodian as set forth in such written agreements, Custodian shall have no obligation to take actions or incur costs in connection with this Agreement unless the Servicer or another Person has made adequate provision for payment of Custodian's fees and expenses. The Servicer shall indemnify the Custodian against payment of any documentary stamp taxes, intangible taxes and other similar taxes, penalties and interest incurred in connection with the Mortgage Loans and the transactions contemplated hereby.

Appears in 7 contracts

Samples: Custodial Agreement (Eqcc Asset Backed Corp), Custodial Agreement (Eqcc Asset Backed Corp), Custodial Agreement (Eqcc Asset Backed Corp)

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Charges and Expenses. The Servicer Seller will pay all fees of Custodian in connection with the performance of its duties hereunder in accordance with written agreements to be entered into from time to time between the parties hereto and Custodian, including fees and expenses of counsel incurred by Custodian in the performance of its duties hereunder; provided, however, that (i) Custodian shall in no event acquire any lien upon any Mortgage Loan Receivable deposited under this Agreement or the Transfer Purchase Agreement or the Pooling Sale and Servicing Agreement, or any claim against any Mortgage Receivables Holder by reason of the failure of the Servicer Seller to pay any of such charges or expenses and (ii) in the event the Servicer Seller fails to pay the fees and expenses of Custodian as set forth in such written agreements, Custodian shall have no obligation to take actions or incur costs in connection with this Agreement unless the Servicer Seller or another Person has made adequate provision for payment of Custodian's fees and expenses. The Servicer Seller shall indemnify the Custodian against payment of any documentary stamp taxes, intangible taxes and other similar taxes, penalties and interest incurred in connection with the Mortgage Loans Receivables and the transactions contemplated hereby.

Appears in 6 contracts

Samples: Custodial Agreement (Caterpillar Financial Funding Corp), Custodial Agreement (Caterpillar Financial Asset Trust 2004-A), Custodial Agreement (Caterpillar Financial Funding Corp)

Charges and Expenses. The Servicer Depositor will pay all fees of Custodian in connection with the performance of its duties hereunder in accordance with written agreements to be entered into from time to time between the parties hereto Depositor and Custodian, including fees and expenses of counsel incurred by Custodian in the performance of its duties hereunder; provided, however, that (i) Custodian shall in no event acquire any lien upon any Mortgage Loan deposited Receivable or Receivable File held under this Agreement or the Transfer Purchase Agreement or the Pooling Sale and Servicing Agreement, or any claim against any Mortgage Receivables Holder by reason of the failure of the Servicer Depositor to pay any of such charges or expenses and (ii) in the event the Servicer Depositor fails to pay the fees and expenses of Custodian as set forth in such written agreements, Custodian shall have no obligation to take actions or incur costs in connection with this Agreement unless the Servicer Depositor or another Person has made adequate provision for payment of Custodian's fees and expenses. The Servicer Depositor shall indemnify the Custodian against payment of any documentary stamp taxes, intangible taxes and other similar taxes, penalties and interest incurred in connection with the Mortgage Loans Receivables and the transactions contemplated hereby.

Appears in 2 contracts

Samples: Custodial Agreement (Caterpillar Financial Funding Corp), Custodial Agreement (Caterpillar Financial Asset Trust 2006-A)

Charges and Expenses. The Servicer will pay all fees and expenses of Custodian in connection with the performance of its duties hereunder in accordance with written agreements to be entered into from time to time between the parties hereto and Custodian, including fees and expenses of counsel incurred by Custodian in the performance of its duties hereunder; provided, however, that (i) Custodian shall in no event acquire any lien upon any Mortgage Loan deposited under this Agreement or the Transfer Agreement or the Pooling and Servicing Agreement, or any claim against any Mortgage Holder by reason of the failure of the Servicer to pay any of such charges or expenses and (ii) in the event the Servicer fails to pay the fees and expenses of Custodian as set forth in such written agreements, Custodian shall have no obligation to take actions or incur costs in connection with this Agreement unless the Servicer or another Person has made adequate provision for payment of Custodian's fees and expenses. The Servicer shall indemnify the Custodian against payment of any documentary stamp taxes, intangible taxes and other similar taxes, penalties and interest incurred in connection with the Mortgage Loans and the transactions contemplated hereby.

Appears in 1 contract

Samples: Custodial Agreement (Eqcc Receivables Corp)

Charges and Expenses. The Servicer Depositor will pay all fees of Custodian in connection with the performance of its duties hereunder in accordance with written agreements to be entered into from time to time between the parties hereto and Custodian, including fees and expenses of counsel incurred by Custodian in the performance of its duties hereunder; provided, however, that (i) Custodian shall in no event acquire any lien upon any Mortgage Loan Receivable deposited under this Agreement or the Transfer Purchase Agreement or the Pooling Sale and Servicing Agreement, or any claim against any Mortgage Receivables Holder by reason of the failure of the Servicer Depositor to pay any of such charges or expenses and (ii) in the event the Servicer Depositor fails to pay the fees and expenses of Custodian as set forth in such written agreements, Custodian shall have no obligation to take actions or incur costs in connection with this Agreement unless the Servicer Depositor or another Person has made adequate provision for payment of Custodian's fees and expenses. The Servicer Depositor shall indemnify the Custodian against payment of any documentary stamp taxes, intangible taxes and other similar taxes, penalties and interest incurred in connection with the Mortgage Loans Receivables and the transactions contemplated hereby.

Appears in 1 contract

Samples: Custodial Agreement (Caterpillar Financial Funding Corp)

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Charges and Expenses. The Servicer Seller will pay all fees of Custodian in connection with the performance of its duties hereunder in accordance with written agreements to be entered into from time to time between the parties hereto and Custodian, including fees and expenses of counsel incurred by Custodian in the performance of its duties hereunder; provided, however, that (i) Custodian shall in no event acquire any lien upon any Mortgage Loan Receivable deposited under this Agreement or the Transfer Purchase Agreement or the Pooling Sale and Servicing Agreement, or any claim against any Mortgage Receivables Holder by reason of the failure of the Servicer Seller to pay any of such charges or expenses and (ii) in the event the Servicer Seller fails to pay the fees and expenses of Custodian as set forth in such written agreements, Custodian shall have no obligation to take actions or incur costs in connection with this Agreement unless the Servicer Seller or another Person has made adequate provision for payment of Custodian's ’s fees and expenses. The Servicer Seller shall indemnify the Custodian against payment of any documentary stamp taxes, intangible taxes and other similar taxes, penalties and interest incurred in connection with the Mortgage Loans Receivables and the transactions contemplated hereby.

Appears in 1 contract

Samples: Custodial Agreement (Caterpillar Financial Asset Trust 2005-A)

Charges and Expenses. The Servicer Seller will pay all fees of Custodian in connection with the performance of its duties hereunder in accordance with written agreements to be entered into from time to time between the parties hereto and Custodian, including fees and expenses of counsel incurred by Custodian in the performance of its duties hereunder; provided, however, that (i) Custodian shall in no event acquire any lien upon any Mortgage Loan Receivable deposited under this Agreement or the Transfer Purchase Agreement or the Pooling Sale and Servicing Agreement, or any claim against any Mortgage Receivables Holder by reason of the failure of the Servicer Seller to pay any of such charges or expenses and (ii) in the event the Servicer Seller fails to pay the fees and expenses of Custodian as set forth in such written agreements, Custodian shall have no obligation to take actions or incur costs in connection with this Agreement unless the Servicer Seller or another Person has made adequate ade- quate provision for payment of Custodian's fees and expenses. The Servicer Seller shall indemnify the Custodian against payment of any documentary stamp taxes, intangible taxes and other similar taxes, penalties and interest incurred in connection with the Mortgage Loans Receivables and the transactions contemplated hereby.

Appears in 1 contract

Samples: Custodial Agreement (Caterpillar Financial Funding Corp)

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