Liability of Indenture Trustee. The Indenture Trustee shall not be liable for the acts or omissions of the Servicer, in its capacity as custodian of the Receivable Files. 4 Sale and Servicing Agreement (2016-3) ARTICLE III ADMINISTRATION AND SERVICING OF RECEIVABLES AND TRUST PROPERTY
Liability of Indenture Trustee. The Indenture Trustee shall not be liable for the acts or omissions of the Servicer, in its capacity as custodian of the Receivable Files.
Liability of Indenture Trustee. Neither the Indenture Trustee nor the Standby Servicer shall be liable for the acts or omissions of the Servicer, in its capacity as custodian of the Receivable Files.
Liability of Indenture Trustee. The Indenture Trustee shall not be liable for the acts or omissions of the Servicer, in its capacity as custodian of the Receivable Files. ARTICLE III ADMINISTRATION AND SERVICING OF RECEIVABLES AND TRUST PROPERTY SECTION 3.1 Duties of Servicer . (a) Subject to the limitations set forth in Article VII with respect to any Successor Servicer, the Servicer is hereby appointed by the Issuer and authorized to act as agent for the Issuer and in such capacity shall manage, service, administer and make collections on the Receivables, and perform the other actions required by the Servicer under this Agreement. The Servicer agrees that its servicing of the Receivables will be carried out in accordance with its Customary Servicing Practices, using the degree of skill and attention that the Servicer exercises with respect to all comparable motor vehicle receivables that it services for itself or others. The Servicer’s duties will include collection and posting of all payments, responding to inquiries of Obligors on such Receivables, investigating delinquencies, providing invoices or payment coupons (which may be in electronic form) to Obligors, reporting any required tax information to Obligors, accounting for Collections and furnishing monthly and annual statements to the Calculation Agent with respect to collections and performing the other duties specified herein. The Servicer is not required under the Transaction Documents to make any disbursements via 751008784 22727759 5 Sale and Servicing Agreement (ACMAT 2023 - 1) wire transfer or otherwise on behalf of an Obligor. There are no requirements under the Receivables or the Transaction Documents for funds to be, and funds shall not be, held in trust for an Obligor. There are no requirements under the Receivables or the Transaction Documents for payments or disbursements to be made by the Servicer on behalf of the Obligor. The Servicer hereby accepts such appointment and authorization and agrees to perform the duties of Servicer with respect to the Receivables set forth herein. Notwithstanding anything to the contrary in this Agreement or any other Transaction Document, the Servicer shall not be liable for any failure or delay in the performance of its obligations or the taking of any action hereunder or under any other Transaction Document (and such failure or delay shall not constitute a breach of any Transaction Document or a Servicer Replacement Event) if such failure or delay arises from compliance by the Servi...
Liability of Indenture Trustee. Notwithstanding anything in this Agreement or any Basic Document to the contrary, in no event shall the Indenture Trustee be liable, personally or in any capacity, for: (i) any Servicing Fee or for any amount necessary to induce any successor Servicer to act as such under this Agreement; (ii) any costs and expenses (including attorney's fees) to be expended in connection with the transition of the functions of the Servicer hereunder to a successor Servicer including, but not limited to, transferring the Receivable Files to any successor Servicer and amending this Agreement to reflect such succession; provided that if the Indenture Trustee is the predecessor Servicer, then the Indenture Trustee, as predecessor Servicer, shall be responsible for costs and expenses as set forth in Section 8.01; (iii) the acts or omissions of any predecessor Servicer, regardless of when such acts or omissions are discovered; or (iv) any obligation to advance funds or repurchase Receivables if the Indenture Trustee were Servicer hereunder. Notwithstanding anything in this Agreement or any Basic Document to the contrary, if the Indenture Trustee were to become successor Servicer hereunder, the Indenture Trustee in such capacity shall be obligated to provide only the indemnities expressly provided for herein, including, without limitation, Section 7.02 hereof.
Liability of Indenture Trustee. Notwithstanding anything herein or otherwise to the contrary, any amounts that may be due from [Indenture Trustee] (“[Indenture Trustee]”) to Bank hereunder are payable only from proceeds held by, or otherwise from the funds available to [Indenture Trustee] in its capacity as Indenture Trustee pursuant to the Indenture, and not from the individual or company assets of [Indenture Trustee]. This Agreement has been signed by the duly authorized officers or representatives of Company, Servicer, Secured Party and Bank on the date specified below. Date: [_____], 20[__] Collateral Account Numbers [ ] Destination Account Number: [ ] Bank of Destination Account: [ ], ABA # [] Account name: [ ] For further credit: Acct # [ ] EART 20[__]-[__] Collect Acct Frequency (Daily or Weekly): [ ] Balance (Intraday or Start of Day): [Daily] [Start of Day] EXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__] EXETER FINANCE LLC, as Servicer By: [Owner Trustee], not in its individual capacity, but solely as Owner Trustee By: By: Name: Name: Title: Title: Address for Notices: Address for Notices: Exeter Automobile Receivables Trust 20[__]-[__] Exeter Finance LLC 2101 W. Xxxx Xxxxxxxxx Freeway 0000 X. Xxxx Xxxxxxxxx Freeway Irving, Texas 75063 Xxxxxx, Xxxxx 00000 Attn: Xxxxx Xxxxxxx Attn: Xxxxx Xxxxxxx Fax: 000.000.0000 Fax: 000.000.0000 [__________], as Bank [__________], as Indenture Trustee, as Secured Party By: By: Name: Name: Title: Title: Address for Notices: Address for Notices: [__________] [__________] with copy to: [__________]
