Common use of Indemnification by the Custodian Clause in Contracts

Indemnification by the Custodian. The Custodian agrees to indemnify the Trustee for any and all liabilities, obligations, losses, damages, payments, costs or expenses, including attorneys' fees, of any kind whatsoever which may be imposed on, incurred by or asserted against the Trustee as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Trustee's Mortgage Files; provided, however, that the Custodian shall not be liable for any portion of any such amount resulting from the gross negligence or willful misconduct of the Trustee.

Appears in 7 contracts

Samples: Sub Servicing Agreement (Money Store Home Equity Corp), Pooling and Servicing Agreement (Money Store Home Equity Corp), Sub Servicing Agreement (TMS Mortgage Inc)

AutoNDA by SimpleDocs

Indemnification by the Custodian. The Custodian agrees to indemnify the Trustee for any and all liabilities, obligations, losses, damages, payments, costs or expenses, including attorneys' fees, of any kind whatsoever which may be imposed on, incurred by or asserted against the Trustee as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Trustee's Mortgage Loan Files; provided, however, that the Custodian shall not be liable for any portion of any such amount resulting from the gross negligence or willful misconduct of the Trustee.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp)

Indemnification by the Custodian. The Custodian agrees to indemnify the Indenture Trustee for any and all liabilities, obligations, losses, damages, payments, costs or expenses, including attorneys' fees, of any kind whatsoever which may be imposed on, incurred by or asserted against the Indenture Trustee as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Indenture Trustee's Mortgage Loan Files; provided, however, that the Custodian shall not be liable for any portion of any such amount resulting from the gross negligence or willful misconduct of the Indenture Trustee.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Money Store Commercial Mortgage Inc), Sale and Servicing Agreement (Money Store Home Equity Corp)

Indemnification by the Custodian. The Custodian agrees to indemnify the Trustee for any and all liabilities, obligations, losses, damages, payments, costs or expenses, including attorneys' fees, of any kind whatsoever which may be imposed on, incurred by or asserted against the Trustee as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Trustee's Mortgage Loan Files; provided, however, that the Custodian shall not be liable for any portion of any such amount resulting from the gross negligence or willful wilful misconduct of the Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Money Store Home Equity Corp)

AutoNDA by SimpleDocs

Indemnification by the Custodian. The Custodian agrees to indemnify the Trustee for any and all liabilities, obligations, losses, damages, payments, costs or expenses, including attorneys' attorney's fees, of any kind whatsoever which may be imposed on, incurred by or asserted against the Trustee as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of Mortgage Files relating to the Trustee's Mortgage FilesLoans; provided, however, that the Custodian shall not be liable for any portion consequential damages of any such amount resulting from the gross negligence or willful misconduct of the Trustee.kind

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Ba Mortgage Securities Inc Mort Pass THR Cert Series 1998-2)

Indemnification by the Custodian. The Custodian agrees to indemnify the Trustee for any and all liabilities, obligations, losses, damages, payments, costs or expenses, including attorneys' fees, of any kind whatsoever which may be imposed on, incurred by or asserted against the Trustee as the result of any act or omission in any way relating to the maintenance and custody by the Custodian of the Trustee's Mortgage Files; provided, however, that the Custodian shall not be liable for any portion of any such amount resulting from the gross negligence or willful wilful misconduct of the Trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Money Store Trust 1996-C)

Time is Money Join Law Insider Premium to draft better contracts faster.