Common use of Liability of the Servicer Clause in Contracts

Liability of the Servicer. Notwithstanding any sub-servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee and Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such sub-servicing agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as sub-servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special Servicer shall be entitled to enter into an agreement with any sub-servicer providing for indemnification of the Servicer or Special Servicer, as applicable, by such sub-servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any sub-servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer or otherwise, the Servicer or the Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee and Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such sub-servicing agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as sub-servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage LoansLoans alone. Each of the The Servicer and or the Special Servicer Servicer, as applicable, shall be entitled to enter into an agreement with any sub-servicer providing for indemnification of the Servicer or the Special Servicer, as applicable, by such sub-servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any sub-servicing agreementSub‑Servicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub‑Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer a Sub‑Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee Trust and the Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such sub-servicing agreements Sub‑Servicing Agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as sub-servicer (or its agents or subcontractors) Sub‑Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any sub-servicer providing a Sub‑Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such sub-servicer, Sub‑Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but indemnification and no such agreement for indemnification shall be deemed to limit or modify this Agreementan expense of the Trust.

Liability of the Servicer. (a) Notwithstanding any sub-servicing agreementSubservicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Subservicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer a Subservicer or otherwise, the Servicer or Special Servicer, as applicable, shall under all circumstances remain obligated and primarily liable to the Trustee and Certificate Administrator, the Trustee, the Certificateholders for the servicing and administering of the Mortgage Loans and any REO Property in accordance with this Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Servicer shall not be diminished by virtue of such sub-servicing agreements or arrangements Subservicing Agreements or by virtue of indemnification from of the Depositor Servicer by any Subservicer, or any other Person acting as sub-servicer (or its agents or subcontractors) to Person. The obligations and liability of the Servicer shall remain of the same extent nature and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the related Mortgage Loans. Each of the The Servicer and the Special Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any sub-servicer providing for indemnification of the Servicer Subservicer or Special Servicer, as applicable, by such sub-servicer, other Person and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Agreement, but no such agreement for indemnification the Servicer shall be deemed to limit or modify this Agreementhave received any payment on a Mortgage Loan on the date the Subservicer received such payment.

Liability of the Servicer. (a) Notwithstanding any sub-servicing agreementSubservicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Subservicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer a Subservicer or otherwise, the Servicer or Special Servicer, as applicable, shall under all circumstances remain obligated and primarily liable to the Certificate Administrator, the Trustee and the Certificateholders for the servicing and administering of the Mortgage Loans and any REO Property in accordance with this Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Servicer shall not be diminished by virtue of such sub-servicing agreements or arrangements Subservicing Agreements or by virtue of indemnification from of the Depositor Servicer by any Subservicer, or any other Person acting as sub-servicer (or its agents or subcontractors) to Person. The obligations and liability of the Servicer shall remain of the same extent nature and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the related Mortgage Loans. Each of the The Servicer and the Special Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any sub-servicer providing for indemnification of the Servicer Subservicer or Special Servicer, as applicable, by such sub-servicer, other Person and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Agreement, but no such agreement for indemnification the Servicer shall be deemed to limit or modify this Agreementhave received any payment on a Mortgage Loan on the date the Subservicer received such payment.

Liability of the Servicer. Notwithstanding any subSub-servicing agreementServicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as suba Sub-servicer Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee Trustee, the Depositor and the Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such subSub-servicing agreements Servicing Agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as subSub-servicer (or its agents or subcontractors) Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any suba Sub-servicer providing Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such subSub-servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any subSub-servicing agreement, any of Servicing Agreement or the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as suba Sub-servicer Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee and the Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement Section 3.01, without diminution of such obligation or liability by virtue of such subSub-servicing agreements Servicing Agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as subSub-servicer (or its agents or subcontractors) Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any suba Sub-servicer providing Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such sub-servicer, Sub- Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any sub-servicing agreementSubservicing Agreement, any of the provisions of this Servicing Agreement relating to agreements or arrangements between the Servicer and a Subservicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer a Subservicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee Issuer, the Indenture Trustee, the Depositor, the Seller, the Originator and Certificateholders the Securityholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such sub-servicing agreements Subservicing Agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as sub-servicer (or its agents or subcontractors) Subservicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any sub-servicer providing a Subservicer for indemnification of the Servicer or Special Servicer, as applicable, by such sub-servicer, Subservicer and nothing contained in this Servicing Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding the provisions of any subSub-servicing agreementServicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer or Special a Sub-Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer a Sub- Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee Depositor, the Trustee, the Insurer and the Certificateholders for the servicing and administering of the Mortgage Loans included in the Trust Fund in accordance with (and subject to the limitations contained within) the provisions of this Agreement without diminution of such obligation or liability by virtue of such subSub-servicing Servicing Agreements or agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as subSub-servicer (or its agents or subcontractors) Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any subthe Depositor or a Sub-servicer providing Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such sub-servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any sub-servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer or otherwise, the Servicer or the Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee and Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such sub-servicing agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as sub-servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage LoansLoans alone. Each of the The Servicer and or the Special Servicer Servicer, as applicable, shall be entitled to enter into an agreement with any sub-servicer providing for indemnification of the Servicer or the Special Servicer, as applicable, by such sub-servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding the provisions of any subSub-servicing agreementServicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer or Special a Sub-Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as suba Sub-servicer Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee Depositor, the Trustee, the Insurer and the Certificateholders for the servicing and administering of the Mortgage Loans included in the Trust Fund in accordance with (and subject to the limitations contained within) the provisions of this Agreement without diminution of such obligation or liability by virtue of such subSub-servicing Servicing Agreements or agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as subSub-servicer (or its agents or subcontractors) Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any subthe Depositor or a Sub-servicer providing Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such sub-servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any subSub-servicing agreement, any of Servicing Agreement or the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as suba Sub-servicer Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee Trustee, the Master Servicer, the Trust Administrator and the Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such subSub-servicing agreements Servicing Agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as subSub-servicer (or its agents or subcontractors) Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any suba Sub-servicer providing Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such subSub-servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any subSub-servicing agreementServicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as suba Sub-servicer Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee Trust and the Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such subSub-servicing agreements Servicing Agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as suba Sub-servicer (or its agents or subcontractors) Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any suba Sub-servicer providing Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such subSub-servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but indemnification and no such agreement for indemnification shall be deemed to limit or modify this Agreementan expense of the Trust.

Liability of the Servicer. (a) Notwithstanding any sub-servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer or Special Servicer (but subject to the last sentence of Section 3.01(c)) and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee and Certificateholders for the servicing and administering of the Mortgage Loans Loan in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such any sub-servicing agreements agreement or arrangements arrangement, or by virtue of indemnification from the Depositor or any other Person acting as sub-servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage LoansLoan. Each of the Servicer and the Special The Servicer shall be entitled to enter into an agreement with any sub-servicer providing for indemnification of the Servicer or Special Servicer, as applicable, by such sub-servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any sub-servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee (on behalf of the Certificateholders) the Bond Administrator, Certificateholders and Certificateholders each Companion Holder with respect to the related Companion Loan for the servicing and administering of the Mortgage Loans and Companion Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such sub-servicing agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as sub-servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans and Companion Loans. Each of the Servicer and the Special Servicer shall be entitled to enter into an agreement with any sub-servicer providing for indemnification of the Servicer or Special Servicer, as applicable, by such sub-servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any subSub-servicing agreementServicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as suba Sub-servicer Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain primarily obligated and primarily liable to the Issuer and the Indenture Trustee and Certificateholders for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such subSub-servicing agreements Servicing Agreement or arrangements or by virtue of indemnification from the Depositor or any other Person acting as subSub-servicer (or its agents or subcontractors) Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any suba Sub-servicer providing Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such subSub-servicerServicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Servicer. Notwithstanding any subSub-servicing agreementServicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a Sub-Servicer or Special Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as suba Sub-servicer Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee Trust Fund and the Certificateholders for the servicing and administering of the related Mortgage Loans in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such subSub-servicing agreements Servicing Agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as subrelated Sub-servicer (or its agents or subcontractors) Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the related Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any suba Sub-servicer providing Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such subSub-servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but indemnification and no such agreement for indemnification shall be deemed to limit or modify this Agreementan expense of the Trust.

Liability of the Servicer. Notwithstanding the provisions of any subSub-servicing agreementServicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer or Special a Sub-Servicer and any Person acting as sub-servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as sub-servicer a Sub- Servicer or otherwise, the Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee Seller, the Trustee, the Certificate Insurer and the Certificateholders for the servicing and administering of the Mortgage Loans included in the Trust Fund in accordance with (and subject to the limitations contained within) the provisions of this Agreement without diminution of such obligation or liability by virtue of such subSub-servicing Servicing Agreements or agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as subSub-servicer (or its agents or subcontractors) Servicer and to the same extent and under the same terms and conditions as if the Servicer or Special Servicer, as applicable, alone were servicing and administering the Mortgage Loans. Each of the Servicer and the Special The Servicer shall be entitled to enter into an any agreement with any subthe Seller or a Sub-servicer providing Servicer for indemnification of the Servicer or Special Servicer, as applicable, by such sub-servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.