Subservicing Arrangements Sample Clauses

Subservicing Arrangements. The Servicer may arrange for the subservicing of any Contract by a Subservicer pursuant to a subservicing agreement; provided, however, that such subservicing arrangement and the terms of the related subservicing agreement must provide for the servicing of such Contracts in a manner consistent with the servicing arrangements contemplated hereunder. Unless the context otherwise requires, references in this Agreement to actions taken or to be taken by the Servicer in servicing the Contracts include actions taken or to be taken by a subservicer on behalf of the Servicer. Notwithstanding the provisions of any subservicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a subservicer or reference to actions taken through a subservicer or otherwise, the Servicer shall remain obligated and liable to the Issuer, the Indenture Trustee, the Originator, the Seller, the Noteholders and the Certificateholders for the servicing and administration of the Contracts in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such subservicing agreements or arrangements or by virtue of indemnification from the subservicer and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Contracts. All actions of each subservicer performed pursuant to the related subservicing agreement shall be performed as an agent of the Servicer with the same force and effect as if performed directly by the Servicer. The Servicer hereby appoints Origen Servicing, Inc., as its subservicer. Origen Servicing, Inc. accepts the appointment as subservicer and agrees to service the Contracts in accordance with the terms of this Agreement. The Subservicer shall be entitled to retain from collections on the Contracts pursuant to Section 3.06(f), a subservicing fee equal to the portion of the Monthly Servicing Fee calculated at 1.00% per annum, and shall remit all servicing compensation in excess of such amount to the Servicer. Origen Servicing, Inc. is hereby deemed an acceptable Subservicer for purposes of this Agreement. All references to the Servicer in this Agreement shall be deemed to include reference to the Subservicer and the parties to this Agreement shall deal directly with the Subservicer rather than the Servicer. Notwithstanding the foregoing, the parties hereto may and shall be entitled to rely on directio...