Common use of Limitation on Liability of the Servicer and Others Clause in Contracts

Limitation on Liability of the Servicer and Others. Except as provided in Section 5.04, neither the Servicer nor any of the directors or officers or employees or agents of the Servicer, shall be under any liability to the Issuer, the Owner Trustee, the Indenture Trustee, the Noteholders or any other Person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. (a) Except as provided in Section 5.046.4, neither the Servicer nor any of the directors or officers or employees or agents of the Servicer, shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Securityholders, Enhancement Providers, Agent or any other Person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such person against any liability which would otherwise be imposed by reason of willful wilful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. (a) Except as provided in Section 5.046.4, neither the Servicer nor any of the directors or officers or employees or agents of the Servicer, shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Noteholders, the Residual Interestholder, the Enhancement Providers, the Agent or any other Person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except as provided in Section 5.04Sections 8.1 and 8.4, neither the Servicer nor any of the directors or officers or employees or agents of the Servicer, shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Certificateholders or any other Person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this Agreement; provided, however, that this -------- ------- provision shall not protect the Servicer or any such person against any liability which would otherwise be imposed by reason of willful wilful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except as provided in Section 5.048.4 with respect to the Trust and the Trustee, neither the Servicer nor any of the directors or officers or employees or agents of the Servicer, Servicer shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Certificateholders or any other Person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this AgreementAgreement or any Supplement; provided, however, that this provision shall not protect the Servicer or any such person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties its willful misconduct hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except Subject to Section 8.04 with respect to the Servicer, except as otherwise specifically provided herein or in Section 5.04any Supplement, neither the Servicer nor any of the directors or officers or employees or agents of the Servicer, Servicer shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Certificateholders or any other Person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to Servicer, whether arising from express or implied duties under this AgreementAgreement or any Supplement or otherwise; provided, however, that this provision shall not protect the Servicer or any such person Person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement or any Supplement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except as provided in Section 5.048.04 of the Agreement with respect to the Trust and the Trustee, neither the Servicer nor any of the directors or officers or employees or agents of the Servicer, Servicer shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Certificateholders or any other Person person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this AgreementAgreement or any Supplement; provided, however, -------- ------- that this provision shall not protect the Servicer or any such person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any ----- ----- Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement or any Supplement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except Subject to Section 8.04 with respect to the Servicer, except as otherwise specifically provided herein or in Section 5.04any Supplement, neither the Servicer nor any of the directors or officers or employees or agents of the Servicer, Servicer shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Certificateholders or any other Person for taking any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to Servicer, whether arising from express or implied duties under this AgreementAgreement or any Supplement or otherwise; provided, however, that this provision shall not protect the Servicer or any such person Person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to required by its duties to service the Receivables Advances in accordance with this Agreement or any Supplement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except as provided in Section 5.04, neither Neither the Servicer nor any of the directors or officers or its directors, officers, employees or agents of the Servicer, shall be under any liability to the Issuer, the Owner Trustee, the Indenture Trustee, the Trust Estate, the Note Insurer, the Master Servicer, or the Noteholders or any other Person for any action taken or for refraining from the taking of any action in its capacity as by the Servicer pursuant to this Agreement, or for errors in judgment; providedPROVIDED, howeverHOWEVER, that this provision shall not protect the Servicer or any such person against any liability which that would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of the duties of the Servicer or by reason of reckless disregard of the obligations and duties of the Servicer hereunder. The Servicer and any director or officer or director, officer, employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which that is not incidental to its duties to service the Receivables Home Loans in accordance with this Agreement which Agreement, and that in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except as -------------------------------------------------- provided in Section 5.048.4 with respect to the Trust and the Trustee, neither the ----------- Servicer nor any of the directors or officers or its directors, officers, employees or agents of the Servicer, shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Certificateholders or any other Person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this Agreement; provided, however, that -------- ------- this provision shall not protect the Servicer or any such person Person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of its reckless disregard of its obligations and duties hereunder. The Servicer and any director or officer or director, officer, employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any ----- ----- Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except as provided in Section 5.048.04 of the Agreement with respect to the Trust and the Trustee, neither the Servicer nor any of the directors or officers or employees or agents of the Servicer, Servicer shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Certificateholders or any other Person person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this AgreementAgreement or any Supplement; provided, however, that this -------- ------- provision shall not protect the Servicer or any such person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and ----------- submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement or any Supplement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except as provided in Section 5.04, neither Neither the Servicer nor any of the directors or officers or its directors, officers, employees or agents of the Servicer, shall be under any liability to the Issuer, the Owner Trustee, the Indenture Trustee, the Trust Estate, the Note Insurer, the Master Servicer, or the Noteholders or any other Person for any action taken or for refraining from the taking of any action in its capacity as by the Servicer pursuant to this Agreement, or for errors in judgment; provided, however, that this provision shall not protect the Servicer or any such person against any liability which that would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence in the performance of the duties of the Servicer or by reason of reckless disregard of the obligations and duties of the Servicer hereunder. The Servicer and any director or officer or director, officer, employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which that is not incidental to its duties to service the Receivables Home Loans in accordance with this Agreement which Agreement, and that in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. (a) Except as provided in Section 5.046.4, neither the Servicer nor any ----------- of the directors or officers or employees or agents of the Servicer, shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Noteholders, the Residual Interestholder, the Enhancement Providers, the Agent or any other Person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this Agreement; provided, -------- however, that this provision shall not protect the Servicer or any such person ------- against any liability which would otherwise be imposed by reason of willful wilful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director or officer or employee or agent of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to its duties to service the Receivables in accordance with this Agreement which in its reasonable opinion may involve it in any expense or liability.

Limitation on Liability of the Servicer and Others. Except as provided in Section 5.048.04 hereof, neither the Servicer nor any of the directors directors, officers, employees, affiliates, stockholders, agents, representatives or officers or employees or agents advisors of the Servicer, shall be under any liability to the IssuerTrust, the Owner Trustee, the Indenture Trustee, the Noteholders Certificateholders or any other Person for any action taken or for refraining from the taking of any action in its capacity as Servicer pursuant to this Agreement; provided, however, that this provision shall not protect the Servicer or any such person against any liability which would otherwise be imposed by reason of willful wilful misfeasance, bad faith or gross negligence in the performance of duties or by reason of reckless disregard of obligations and duties hereunder. The Servicer and any director director, officer, 'SS' 8.03 employee, affiliates, stockholders, agent, representatives or officer or employee or agent advisors of the Servicer may rely in good faith on any document of any kind prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Servicer shall not be under any obligation to appear in, prosecute or defend any legal action which is not incidental to other than as part of the good faith performance of its duties to service the Receivables in accordance with this Agreement which in its reasonable opinion may involve it in any expense or liabilityservicing obligations hereunder.