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

Limitation on Liability of Master Servicer and Others. Except as provided in Section 7.1, neither Master Servicer nor any of the directors, officers, employees or agents of Master Servicer, in its capacity as Master Servicer (each a “Master Servicer Related Party”) shall be under any liability to Owner or any other Person for any action taken or for refraining from the taking of any action in good faith in its capacity as Master Servicer pursuant to this Agreement; provided, that this provision shall not protect Master Servicer or any Master Servicer Related Party against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. Master Servicer and any Master Servicer Related Party may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person (other than Master Servicer) respecting any matters arising hereunder. Master Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties as Master Servicer in accordance with this Agreement and which in its reasonable judgment may involve it in any expense or liability.

Appears in 2 contracts

Samples: Second Amended and Restated Servicing Agreement (CDF Funding, Inc.), Servicing Agreement (GE Dealer Floorplan Master Note Trust)

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Limitation on Liability of Master Servicer and Others. Except as provided in Section 7.1, neither Master Servicer nor any of the directors, officers, employees or agents of Master Servicer, in its capacity as Master Servicer (each a "Master Servicer Related Party") shall be under any liability to Owner or any other Person for any action taken or for refraining from the taking of any action in good faith in its capacity as Master Servicer pursuant to this Agreement; provided, that this provision shall not protect Master Servicer or any Master Servicer Related Party against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. Master Servicer and any Master Servicer Related Party may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person (other than Master Servicer) respecting any matters arising hereunder. Master Servicer shall not be under any obligation to appear in, prosecute or defend Servicing Agreement any legal action which is not incidental to its duties as Master Servicer in accordance with this Agreement and which in its reasonable judgment may involve it in any expense or liability.

Appears in 1 contract

Samples: Servicing Agreement (CDF Funding, Inc.)

Limitation on Liability of Master Servicer and Others. Except as provided in Section 7.1, neither Master Servicer nor any of the directors, officers, employees or agents of Master Servicer, in its capacity as Master Servicer (each a "Master Servicer Related Party") shall be under any liability to Owner or any other Person for any action taken or for refraining from the taking of any action in good faith in its capacity as Master Servicer pursuant to this Agreement; provided, that this provision shall not protect Master Servicer or any Master Servicer Related Party against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. Master Servicer and any Master Servicer Related Party may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person (other than Master Servicer) respecting any matters arising hereunder. Master Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties as Master Servicer in accordance with this Agreement and which in its reasonable judgment may involve it in any expense or liability.

Appears in 1 contract

Samples: Servicing Agreement (CDF Funding, Inc.)

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Limitation on Liability of Master Servicer and Others. Except as provided in Section 7.1, neither Master Servicer nor any of the directors, officers, employees or agents of Master Servicer, in its capacity as Master Servicer (each a “Master Servicer Related Party”) shall be under any liability to Owner or any other Person for any action taken or for refraining from the taking of any action in good faith in its capacity as Master Servicer pursuant to this Agreement; provided, that this provision shall not protect Master Servicer or any Master Servicer Related Party against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. Master Servicer and any Master Servicer Related Party may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person (other than Master Servicer) respecting any matters arising hereunder. Master Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties as Master Servicer in accordance with this Agreement and which in its reasonable judgment may involve it in any expense or liability.. Servicing Agreement

Appears in 1 contract

Samples: Servicing Agreement (CDF Funding, Inc.)

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