Indemnities of Servicer Sample Clauses

Indemnities of Servicer. The Servicer shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Servicer under this Agreement:
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Indemnities of Servicer. (a) The Servicer shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Servicer under this Agreement. In this regard, the Servicer shall indemnify, defend and hold harmless the Issuer, the Trustees, the Securityholders and the Seller and any of the officers, directors, employees and agents of the Issuer, the Owner Trustee, the Delaware Trustee and the Indenture Trustee (each, an “Indemnified Party”) from and against any and all costs, expenses, losses, damages, claims and liabilities (including any reasonable legal fees and expenses incurred by an Indemnified Party in connection with the enforcement of any indemnification or other obligation of the Servicer) (i) arising out of or resulting from the use, ownership or operation by the Servicer or any Affiliate thereof of a Financed Vehicle, and (ii) to the extent that such cost, expense, loss, claim, damage or liability arose out of or was imposed upon any such Person through the negligence, willful misfeasance or bad faith of the Servicer in the performance of its duties under this Agreement or by reason of reckless disregard of its obligations and duties under this Agreement. For purposes of this Section, in the event of the termination of the rights and obligations of AHFC (or any successor thereto pursuant to Section 6.03) as Servicer pursuant to Section 7.01, or a resignation by such Servicer pursuant to this Agreement, such Servicer shall be deemed to be the Servicer pending appointment of a Successor Servicer (other than the Indenture Trustee) pursuant to Section 7.02. For the avoidance of doubt, AHFC shall not be liable for any claims described in the first sentence of this Section which relate to a date or period on or after the date on which AHFC is terminated or removed as the Servicer or which are cause by a successor servicer.
Indemnities of Servicer. 27 SECTION 6.3 Merger or Consolidation of, or Assumption of the Obligations of Servicer...................28 SECTION 6.4 Limitation on Liability of Servicer and Others.............................................28 SECTION 6.5
Indemnities of Servicer. 41 Section 8.03 Merger or Consolidation of, or Assumption of the Obligations of, Servicer..........................41 Section 8.04 Limitation on Liability of Servicer and Others.....................................................42 ARTICLE IX.
Indemnities of Servicer. The Servicer and the Issuer will be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Servicer and the Issuer, respectively, under this Agreement, and hereby agrees to the following:
Indemnities of Servicer. Section 4.3 Merger or Consolidation of, or Assumption of the Obligations of, Servicer
Indemnities of Servicer. (a) The Servicer shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Servicer. Such obligations shall include the indemnification by the Servicer of the Issuer, the Trustees, any Backup Servicer and their respective officers, directors, employees and agents from and against:
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Indemnities of Servicer. 47 Section 6.03. Merger, Consolidation or Assumption of the Obligations of Servicer 48 Section 6.04. Limitation on Liability of Servicer and Others 48 Section 6.05. AHFC Not to Resign as Servicer 49 ARTICLE SEVEN SERVICER DEFAULTS 49 Section 7.01. Servicer Defaults 49 Section 7.02. Appointment of Successor Servicer. 50 Section 7.03. Notification of Servicer Termination 51 Section 7.04. Waiver of Past Defaults 51 Section 7.05. Repayment of Advances 51 ARTICLE EIGHT TERMINATION 52 Section 8.01. Optional Purchase of All Receivables. 52 ARTICLE NINE MISCELLANEOUS 53 Section 9.01. Amendment. 53 Section 9.02. Protection of Title to Trust. 54 Section 9.03. Notices 56 Section 9.04. Assignment. 56 Section 9.05. Limitations on Rights of Others 57 Section 9.06. Severability 57 Section 9.07. Separate Counterparts 57 Section 9.08. Headings 57 Section 9.09. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial 57 Page
Indemnities of Servicer. (a) The Servicer and the Backup Servicer shall each be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Servicer and the Backup Servicer, respectively, and the representations made by the Servicer and the Backup Servicer under this Agreement and, in the case of the Servicer, the other Basic Documents.
Indemnities of Servicer. Release of Claims 14 SECTION 6.03. Binding Effect of Servicing Obligations 16 SECTION 6.04. Limitation on Liability of Servicer and Others 17 SECTION 6.05. Consumers Energy Not to Resign as Servicer 17 SECTION 6.06. Servicing Compensation 17 SECTION 6.07. Compliance with Applicable Law 18 SECTION 6.08. Access to Certain Records and Information Regarding Securitization Property 19 SECTION 6.09. Appointments 19 SECTION 6.10. No Servicer Advances 19 SECTION 6.11. Remittances 19 SECTION 6.12. Maintenance of Operations 20 ARTICLE VII DEFAULT 20 SECTION 7.01. Servicer Default 20 SECTION 7.02. Appointment of Successor 22 SECTION 7.03. Waiver of Past Defaults 22 SECTION 7.04. Notice of Servicer Default 23 SECTION 7.05. Cooperation with Successor 23 ARTICLE VIII MISCELLANEOUS PROVISIONS 23 SECTION 8.01. Amendment 23 SECTION 8.02. Maintenance of Accounts and Records 23 SECTION 8.03. Notices 24 SECTION 8.04. Assignment 24 SECTION 8.05. Limitations on Rights of Others 24 SECTION 8.06. Severability 25 SECTION 8.07. Separate Counterparts 25 SECTION 8.08. Governing Law 25 SECTION 8.09. Assignment to Indenture Trustee 25 SECTION 8.10. Nonpetition Covenants 25 SECTION 8.11. Limitation of Liability 25 SECTION 8.12. Rule 17g-5 Compliance 26 SECTION 8.13. Indenture Trustee Actions 26 EXHIBITS Exhibit A Servicing Procedures Exhibit B Form of Monthly Servicer’s Certificate Exhibit C Form of Semi-Annual Servicer’s Certificate Exhibit D Form of Servicer Certificate Exhibit E Form of Certificate of Compliance Exhibit F Expected Amortization Schedule APPENDIX Appendix A Definitions and Rules of Construction This SECURITIZATION PROPERTY SERVICING AGREEMENT, dated as of July 22, 2014, is by and between CONSUMERS 2014 SECURITIZATION FUNDING LLC, a Delaware limited liability company, as issuer, and CONSUMERS ENERGY COMPANY, a Michigan corporation, as servicer, and acknowledged and accepted by The Bank of New York Mellon, as indenture trustee.
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