Common use of Limitation on Liability of the Seller Clause in Contracts

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing Agreement, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 15 contracts

Samples: Loan Purchase Agreement (Home Loan Trust 2006-Hi5), Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc), Home Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc)

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Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserCompany, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Purchase Agreement. Except as and to the extent expressly provided herein or in the Servicing AgreementBasic Documents, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee Custodian or the SecurityholdersCertificateholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 12 contracts

Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp), Mortgage Loan Purchase Agreement (NovaStar Mortgage Funding Trust, Series 2005-1), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust Series 2004-2)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing Agreement, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 9 contracts

Samples: Equity Loan Purchase Agreement (Home Equity Loan Trust 2006-Hsa3), Equity Loan Purchase Agreement (Home Equity Loan Trust 2006-Hsa4), Loan Purchase Agreement (Home Equity Loan Trust 2004-Hs3)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserPurchaser hereunder, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Pooling and Servicing Agreement, the Custodial Agreement and this Agreement, the Seller shall not be under any liability to the TrustTrust Fund, the Owner Trustee, the Indenture Trustee or the SecurityholdersCertificateholders thereunder. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2005-3), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-5), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp. Asset-Backed Pass-Through Certificates, Series 2005-4)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing AgreementBasic Documents, the Seller shall not be under any liability to the Trust, the Owner TrusteeTrust Fund, the Indenture Trustee or the SecurityholdersNoteholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-4, Mortgage-Backed Notes, Series 2005-4), Sale and Servicing Agreement (MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5), Mortgage Loan Purchase Agreement (MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement and any Subsequent Transfer Agreement. Except (i) with respect to its breach of any of its representations, warranties, or covenants herein, and (ii) as and to the extent expressly provided herein or in the Servicing this Agreement, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 6 contracts

Samples: Mortgage Loan Purchase Agreement (Wachovia Mortgage Loan Trust, LLC), Wachovia Asset (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1), Loan Purchase Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserPurchaser hereunder, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Pooling and Servicing Agreement, the Custodial Agreement and this Agreement, the Seller shall not be under any liability to the TrustTrust Fund, the Owner Trustee, the Indenture Trustee or the SecurityholdersCertificateholders thereunder. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie PRIMA FACIE properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 5 contracts

Samples: Custodial Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2), Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-1), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2004-5)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserCompany, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Purchase Agreement. Except as and to the extent expressly provided herein or in the Servicing AgreementBasic Documents, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee Certificate Administrator or the SecurityholdersCertificateholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp Series 2002-2)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserPurchaser hereunder, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing AgreementBasic Documents, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee or the SecurityholdersNoteholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4), Mortgage Loan Purchase Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2), Mortgage Loan Purchase Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserCompany, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing AgreementBasic Documents, the Seller shall not be under any liability to the Issuer, the Owner Trust, the Owner Trustee, the Indenture Trustee Trustee, the Noteholders or the SecurityholdersCertificateholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 3 contracts

Samples: Equity Loan Purchase Agreement (Pacificamerica Money Center Inc), Equity Loan Purchase Agreement (Pacificamerica Money Center Inc), Equity Loan Purchase Agreement (Pacificamerica Money Center Inc)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or and in the Servicing Agreement, the Seller shall not be under any liability to the Owner Trust, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 3 contracts

Samples: Equity Loan Purchase Agreement (Morgan Stanley ABS Capital I Inc. MSDWCC HELOC Trust 2005-1), Equity Loan Purchase Agreement (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1), Equity Loan Purchase Agreement (Heloc Asset-Backed Notes Series 2003-2)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserPurchaser or the Issuer, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement and any Subsequent Transfer Agreement. Except as and to the extent expressly provided herein or in the Servicing Agreement, the Seller shall not be under any liability to the TrustIssuer, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Residential Asset Mortgage Products Inc), Mortgage Loan Purchase Agreement (Residential Asset Mortgage Products Inc)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing Agreementherein, the Seller shall not be under any liability to the TrustTrust Fund, the Owner Trustee, the Indenture Trustee or the SecurityholdersCertificateholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-2), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing Agreement, the Seller shall not be under any liability to the Owner Trust, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 2 contracts

Samples: Credit Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc), Credit Loan Purchase Agreement (Residential Funding Mortgage Securities Ii Inc)

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Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserDepositor, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Purchase Agreement. Except as and to the extent expressly provided herein or in the Servicing AgreementBasic Documents, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee Custodian or the SecurityholdersCertificateholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP), Mortgage Loan Purchase Agreement (NovaStar Certificates Financing LLC)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserPurchaser or the Issuer, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing Agreement, Agreement and the Seller shall not be under any liability to the TrustIssuer, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 2 contracts

Samples: Loan Purchase Agreement (GMACM Mortgage Loan Trust 2004-Gh1), Mortgage Loan Purchase Agreement (Residential Asset Mort Prods Inc Gmacm Mort Ln Tr 03 Gh2)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement and any Subsequent Transfer Agreement. Except as and to the extent expressly provided herein or in the Servicing Agreement, the Seller shall not be under any liability to the TrustIssuer, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 2 contracts

Samples: Home Loan Purchase Agreement (Residential Asset Mortgage Products Inc), Home Loan Purchase Agreement (Residential Asset Mortgage Products Inc)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserPurchaser hereunder, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing AgreementBasic Documents, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee or the SecurityholdersCertificateholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (People's Financial Realty Mortgage Securities 2006-1)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or and in the Servicing Agreement, the Seller shall not be under any liability to the TrustIssuer, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 1 contract

Samples: Home Equity Loan Purchase Agreement (MSCC HELOC Trust 2007-1)

Limitation on Liability of the Seller. None of the directors, ------------------------------------- officers, employees or agents of the Seller shall be under any liability to the PurchaserCompany, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Purchase Agreement. Except as and to the extent expressly provided herein or in the Servicing AgreementBasic Documents, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee Certificate Administrator, the Custodian or the SecurityholdersCertificateholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust Series 2001-1)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the PurchaserTransferor or the Depositor, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Purchase Agreement. Except as and to the extent expressly provided herein or in the Servicing AgreementBasic Documents, the Seller shall not be under any liability to the Trust, the Owner Trustee, the Indenture Trustee Certificate Administrator or the SecurityholdersCertificateholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)

Limitation on Liability of the Seller. None of the directors, officers, employees or agents of the Seller shall be under any liability to the Purchaser, it being expressly understood that all such liability is expressly waived and released as a condition of, and as consideration for, the execution of this Agreement. Except as and to the extent expressly provided herein or in the Servicing Agreement, the Seller shall not be under any liability to the TrustIssuer, the Owner Trustee, the Indenture Trustee or the Securityholders. The Seller and any director, officer, employee or agent of the Seller may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Residential Asset Mortgage Products Inc)

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