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

Limitation on Liability of Master Servicer and Others. (a) Neither the Master Servicer nor any of the directors, officers, employees or agents of the Master Servicer shall be under any liability to the Issuer, the Noteholders or the Certificateholders, except as provided under this Agreement, for any action taken or for refraining from the taking of any action 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 liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence (except errors in judgment) in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Master Servicer and any director, officer, employee or agent of 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 under this Agreement.

Appears in 28 contracts

Samples: Sale and Servicing Agreement (WFS Financial Auto Loans Inc), Sale and Servicing Agreement (WFS Financial Auto Loans Inc), Sale and Servicing Agreement (WFS Financial 1997-B Owner Trust)

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Limitation on Liability of Master Servicer and Others. (a) Neither the Master Servicer nor any of the its directors, officers, employees or agents of the Master Servicer shall be under any liability to the Issuer, the Noteholders or the Certificateholders, except as provided under this Agreement, for any action taken or for refraining from the taking of any action pursuant to this Agreement or for errors in judgment; provided, however, that this provision shall not protect the Master Servicer or any such person Person against any liability that would otherwise be imposed by reason of willful misfeasance, bad faith or negligence (except errors in judgment) in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreement. The Master Servicer and any directorof its directors, officerofficers, employee employees or agent of the Master Servicer agents may rely in good faith on any document of any kind prima facie properly executed and submitted by any person Person respecting any matters arising under this Agreement.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (WFS Financial 2005-2 Owner Trust), Sale and Servicing Agreement (WFS Financial 2005-3 Owner Trust), Sale and Servicing Agreement (WFS Receivables Corp 3)

Limitation on Liability of Master Servicer and Others. (a) Neither the Master Servicer nor any of the its directors, officers, employees or agents of the Master Servicer shall be under any liability to the Issuer, the Depositor, the Indenture Trustee, the Owner Trustee, the Noteholders or the Certificateholders, except as provided under in this Agreement, for any action taken or for refraining from the taking of any action in good faith pursuant to this Agreement or for errors in judgmentAgreement; provided, however, that this provision shall not protect the Master Servicer or any such person against any liability that would otherwise be imposed by reason of a breach of this Agreement or willful misfeasance, bad faith or negligence (except errors in judgment) in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreementduties. The Master Servicer and any director, officer, employee or agent of the Master Servicer may conclusively rely in good faith on the written advice of counsel or on any document of any kind prima facie properly executed and submitted by any person Person respecting any matters arising under this Agreement.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Sale and Servicing Agreement (Regions Auto Receivables Trust 2002-1), Sale and Servicing Agreement (Regions Auto Receivables Trust 2003-1)

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Limitation on Liability of Master Servicer and Others. (a) Neither the Master Servicer nor any of the its directors, officers, employees or agents of the Master Servicer shall be under any liability to the Issuer, the Depositor, the Indenture Trustee, the Owner Trustee, the Noteholders or the Certificateholders, except as provided under in this Agreement, for any action taken or for refraining from the taking of any action pursuant to this Agreement or for errors in judgmentAgreement; provided, however, that this provision shall not protect the Master Servicer or any such person against any liability that would otherwise be imposed by reason of a breach of this Agreement or willful misfeasance, bad faith or negligence (except errors in judgment) in the performance of duties or by reason of reckless disregard of obligations and duties under this Agreementduties. The Master Servicer and any director, officer, employee or agent of the Master Servicer may conclusively rely in good faith on the written advice of counsel or on any document of any kind prima facie properly executed and submitted by any person Person respecting any matters arising under this Agreement.

Appears in 1 contract

Samples: Form of Sale and Servicing Agreement (Regions Acceptance LLC)

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