Common use of Liability of Servicer Clause in Contracts

Liability of Servicer. The Servicer shall not be relieved of its obligations under this Agreement notwithstanding any Sub-Servicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or otherwise, and the Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Loans. The Servicer shall be entitled to enter into any agreement with a Sub-Servicer for indemnification of the Servicer by such Sub-Servicer and nothing contained in such Sub-Servicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Servicer for any losses due to the Servicer's negligence.

Appears in 12 contracts

Samples: Sale and Servicing Agreement (First Alliance Mortgage Co /De/), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1997-01), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1998-3)

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Liability of Servicer. The Servicer Servicers shall not be relieved of its their respective obligations under this Agreement notwithstanding any Sub-Servicing Subservicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the such Servicer and a Sub-Servicer Subservicer or otherwise, and the such Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage LoansLoans as such terms and conditions may be limited pursuant to the terms of this Agreement. The Each Servicer shall be entitled to enter into any agreement with a Sub-Servicer Subservicer for indemnification of the such Servicer by such Sub-Servicer Subservicer and nothing contained in such Sub-Servicing Subservicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the any Servicer for any losses due to the Servicerany Subservicer's negligence.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Amresco Residential Securities Corp Mort Loan Trust 1997-3), Pooling and Servicing Agreement (Amresco Residential Securities Corp), Custodial Agreement (Amresco Residential Securities Corp Mortgage Loan Tr 1997-2)

Liability of Servicer. The Servicer shall not be relieved of its obligations under this Agreement notwithstanding any Sub-Servicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or otherwise, and the Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Loans. The Servicer shall be entitled to enter into any agreement with a Sub-Servicer for indemnification of the Servicer by such Sub-Servicer and nothing contained in such Sub-Servicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Servicer for any losses due to the Servicer's or any Sub-Servicer's negligence.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1998-4), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-2), Pooling and Servicing Agreement (First Alliance Mortgage Loan Trust 1999-1)

Liability of Servicer. The Servicer shall not be relieved of its obligations under this Agreement notwithstanding any Sub-Servicing Subservicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer Subservicer or otherwise, and the Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Loans. The Servicer shall be entitled to enter into any agreement with a Sub-Servicer Subservicer for indemnification of the Servicer by such Sub-Servicer Subservicer and nothing contained in such Sub-Servicing Subservicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Servicer for any losses due to the Servicer's negligence.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Advanta Corp), Sale and Servicing Agreement (H&r Block Inc), Sale and Servicing Agreement (H&r Block Inc)

Liability of Servicer. The Servicer shall not be relieved of its obligations under this Agreement notwithstanding any Sub-Servicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or otherwise, and the Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Loans. Nothing contained in any such Sub-Servicing Agreement shall be deemed to limit or modify this Agreement. The Servicer shall be entitled to enter into any agreement with a Sub-Servicer for indemnification of the Servicer by such Sub-Servicer and nothing contained in such Sub-Servicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Servicer for any losses due to the Servicer's negligence.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)

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Liability of Servicer. The Servicer shall not be relieved of its obligations under this Agreement notwithstanding any Sub-Servicing Subservicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer Subservicer or otherwise, and the Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Loans. The Servicer shall be entitled to enter into any agreement with a Sub-Servicer Subservicer for indemnification of the Servicer by such Sub-Servicer Subservicer and nothing contained in such Sub-Servicing Subservicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Servicer for any losses due to the Servicer's ’s negligence.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (H&r Block Inc), Sale and Servicing Agreement (H&r Block Inc)

Liability of Servicer. The Servicer shall not be --------------------- relieved of its obligations under this Agreement notwithstanding any Sub-Sub- Servicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or otherwise, and the Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Loans. Nothing contained in any such Sub-Servicing Agreement shall be deemed to limit or modify this Agreement. The Servicer shall be entitled to enter into any agreement with a Sub-Servicer for indemnification of the Servicer by such Sub-Servicer and nothing contained in such Sub-Servicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Servicer for any losses due to the Servicer's negligence.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cs First Boston Mortgage Securities Corp /De/)

Liability of Servicer. (a) The Servicer shall not be relieved of its obligations under this Agreement notwithstanding any Sub-Servicing Subservicing Agreement or any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer Subservicer or otherwise, and the Servicer shall be obligated to the same extent and under the same terms and conditions as if it alone were servicing and administering the Mortgage Home Equity Loans. The Servicer shall be entitled to enter into any agreement with a Sub-Servicer Subservicer for indemnification of the Servicer by such Sub-Servicer Subservicer and nothing contained in such Sub-Servicing Subservicing Agreement shall be deemed to limit or modify this Agreement. The Trust shall not indemnify the Servicer for any losses due to the Servicer's negligence.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Ucfc Acceptance Corp)

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