Common use of Master Servicer and Trustee Indemnification Clause in Contracts

Master Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify the Trust Fund, the Depositor, the REMIC Administrator and the Master Servicer for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by the Trust Fund, the Depositor or the Master Servicer, as a result of a breach of the Trustee's covenants set forth in Article VIII or this Article X, which breach constitutes gross negligence or willful misfeasance by the Trustee; provided, however, that in no event shall the Trustee be obligated to indemnify the Trust Fund, the Depositor, the REMIC Administrator or the Master Servicer for any special, punitive or consequential damages.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Ba Mortgage Securities Inc Mort Ps THR Cert Ser 1998-4), Mortgage Loan Purchase Agreement (Ba Mortgage Securities Inc/), Mortgage Loan Purchase Agreement (Ba Mortgage Securities Inc/)

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Master Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify the Trust Fund, the Depositor, the REMIC Administrator and the Master Servicer for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by the Trust Fund, the Depositor or the Master Servicer, as a result of a breach of the Trustee's covenants set forth in Article VIII or this Article X, which breach constitutes gross negligence or willful misfeasance by the 116 118 Trustee; provided, however, that in no event shall the Trustee be obligated to indemnify the Trust Fund, the Depositor, the REMIC Administrator or the Master Servicer for any special, punitive or consequential damages.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Ba Mortgage Securities Inc Mort Pass THR Cert Series 1998-3)

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Master Servicer and Trustee Indemnification. (a) The Trustee agrees to indemnify the Trust Fund, the Depositor, the REMIC Administrator and the Master Servicer Servicers for any taxes and costs including, without limitation, any reasonable attorneys fees imposed on or incurred by the Trust Fund, the Depositor or the Master ServicerServicers, as a result of a breach of the Trustee's covenants set forth in Article VIII or this Article X, which breach constitutes gross negligence or willful misfeasance by the Trustee; provided, however, that in no event shall the Trustee be obligated to indemnify the Trust Fund, the Depositor, the REMIC Administrator or the Master Servicer Servicers for any special, punitive or consequential damages.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ba Mortgage Securities Inc/)

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