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

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

Appears in 40 contracts

Samples: Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1), Sale and Servicing Agreement (Daimler Trucks Retail Trust 2024-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2020-1)

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

Appears in 34 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2012-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2013-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

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

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Toyota Motor Credit Corp), Pooling and Servicing Agreement (Toyota Motor Credit Corp)

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

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1), Nationscredit Securitization Corp

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

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Fleetwood Credit Receivables Corp), Pooling and Servicing Agreement (Fleetwood Credit Receivables Corp)

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Limitation on Liability of Servicer and Others. (a) Neither the Servicer nor any of its directors, officers, the directors or officers or employees or agents of the Servicer shall be under any liability to the Issuer Borrower, the Investors or any Securityholders the Agent, except as provided in this Agreement, for any action taken or for refraining from the taking of any action pursuant hereto, or for errors in judgmentto this Agreement; provided, however, that this provision shall not protect the 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 in the performance of duties or by reason of reckless disregard of obligations and duties hereunderits duties. The Servicer and any director, officer, employee or agent of its respective directors, officers, employees or agents the Servicer may 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 in respect of respecting any matters arising under this Agreement.

Appears in 1 contract

Samples: Receivables Financing Agreement (Firstcity Financial Corp)

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

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Cit Group Inc)

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