Common use of Litigation Control Clause in Contracts

Litigation Control. (a) The Special Servicer (with respect to each Mortgage Loan and Serviced Loan Combination) shall in accordance with the Servicing Standard, direct, manage, prosecute and/or defend any action brought by a Mortgagor, guarantor, or other obligor on the related Note or any affiliates thereof (each a “Borrower-Related Party”) against the Trust, the Master Servicer and/or the Special Servicer or any predecessor master servicer or special servicer, and represent the interests of the Trust in any litigation relating to the rights and obligations of the Trust, or of the Mortgagor or other Borrower-Related Party, under the related Mortgage Loan or Loan Combination, as applicable, or with respect to the related Mortgaged Property or other collateral securing such Mortgage Loan or Loan Combination, or the enforcement of the obligations of a Borrower-Related Party under the related Loan Documents (“Loan-Related Litigation”). In the event that the Master Servicer is named in any Loan-Related Litigation but the Special Servicer is not named in such Loan-Related Litigation (and regardless of whether the Trust is named in such Loan-Related Litigation), the Master Servicer shall notify the Special Servicer of such litigation as soon as practicable but in any event no later than within ten (10) Business Days of the Master Servicer receiving service of such Loan-Related Litigation.

Litigation Control. (a) The With respect to any Mortgage Loan (other than an Outside Serviced Mortgage Loan or any Excluded Special Servicer (with respect to each Mortgage Loan), any Serviced Companion Loan and Serviced or any related REO Loan Combination) shall or related REO Property, the Special Servicer shall, in accordance with the Servicing Standard, direct, manage, prosecute and/or defend any action brought by a Mortgagor, guarantor, or other obligor on the related Note or any affiliates thereof (each a “Borrower-Related Party”) against the TrustTrust (including, without limitation, any action in which both the Trust and the Master Servicer are named), and/or the Special Servicer or any predecessor master servicer or special servicer, and represent the interests of the Trust in any litigation relating to the rights and obligations of the Trust, or of the Mortgagor or other Borrower-Related Party, under the related a Mortgage Loan or Loan Combination, as applicable, or with respect to the related Mortgaged Property or other collateral securing such Mortgage Loan or Loan Combination, or the enforcement of the obligations of a Borrower-Related Party under the related Loan Documents (“LoanTrust-Related Litigation”). In the event that the Master Servicer is named in any LoanTrust-Related Litigation but the Special Servicer is not named in such LoanTrust-Related Litigation (and regardless of whether the Trust is named in such LoanTrust-Related Litigation), the Master Servicer shall notify the Special Servicer of such litigation as soon as reasonably practicable but in any event no later than within ten (10) Business Days of the Master Servicer receiving service of such LoanTrust-Related Litigation.

Litigation Control. (a) The Special Servicer (with respect to each Mortgage Loan and Serviced Loan CombinationCombination other than any Excluded Special Servicer Mortgage Loan) shall in accordance with the Servicing Standard, direct, manage, prosecute and/or defend any action brought by a Mortgagor, guarantor, or other obligor on the related Note or any affiliates thereof (each a “Borrower-Related Party”) against the Trust, the Master Servicer and/or the Special Servicer or any predecessor master servicer or special servicer, and represent the interests of the Trust in any litigation relating to the rights and obligations of the Trust, or of the Mortgagor or other Borrower-Related Party, under the related Mortgage Loan or Loan Combination, as applicable, or with respect to the related Mortgaged Property or other collateral securing such Mortgage Loan or Loan Combination, or the enforcement of the obligations of a Borrower-Related Party under the related Loan Documents (“Loan-Related Litigation”). In the event that the Master Servicer is named in any Loan-Related Litigation but the Special Servicer is not named in such Loan-Related Litigation (and regardless of whether the Trust is named in such Loan-Related Litigation), the Master Servicer shall notify the Special Servicer of such litigation as soon as practicable but in any event no later than within ten (10) Business Days of the Master Servicer receiving service of such Loan-Related Litigation.

Litigation Control. (a) The With respect to any Mortgage Loan (other than a Non-Serviced Mortgage Loan), any Serviced Companion Loan or any related REO Loan or related REO Property, the Special Servicer (with respect to each Mortgage Loan and Serviced Loan Combination) shall in accordance with the Servicing Standard, direct, manage, prosecute and/or defend any action brought by a Mortgagor, guarantor, or other obligor on the related Note or any affiliates thereof (each a “Borrower-Related Party”) against the TrustTrust (including, without limitation, any action in which both the Trust and the Master Servicer are named), and/or the Special Servicer or any predecessor master servicer or special servicer, and represent the interests of the Trust in any litigation relating to the rights and obligations of the Trust, or of the Mortgagor or other Borrower-Related Party, Party under the related Mortgage Loan documents or with respect to a Mortgage Loan Combination(other than a Non-Serviced Mortgage Loan) or Serviced Whole Loan, as applicable, or with respect to the related Mortgaged Property or other collateral securing such Mortgage Loan or Loan Combinationsuch Serviced Whole Loan, or otherwise with respect to the enforcement of the obligations of a Borrower-Related Party under the related Mortgage Loan Documents documents (“Loan-Related Litigation”). In the event that the Master Servicer is named in any Loan-Related Litigation but the Special Servicer is not named in such Loan-Related Litigation (and regardless of whether the Trust is named in such Loan-Related Litigation), the Master Servicer shall notify the Special Servicer of such litigation as soon as reasonably practicable but in any event no later than within ten (10) Business Days of the Master Servicer receiving service of such Loan-Related Litigation.

Litigation Control. (a) The Special Servicer (with respect to each Serviced Mortgage Loan and Serviced Loan CombinationCombination other than any Excluded Special Servicer Mortgage Loan) shall in accordance with the Servicing Standard, direct, manage, prosecute and/or defend any action brought by a Mortgagor, guarantor, or other obligor on the related Note or any affiliates thereof (each a “Borrower-Related Party”) against the TrustTrust (including, without limitation, any action in which both the Trust and the Master Servicer are named), and/or the Special Servicer or any predecessor master servicer or special servicer, and represent the interests of the Trust in any litigation relating to the rights and obligations of the Trust, or of the Mortgagor or other Borrower-Related Party, under the related a Serviced Mortgage Loan or Serviced Loan Combination, as applicable, or with respect to the related Mortgaged Property or other collateral securing such Serviced Mortgage Loan or Serviced Loan Combination, or the enforcement of the obligations of a Borrower-Related Party under the related Loan Documents (“Loan-Related Litigation”). In the event that the Master Servicer is named in any Loan-Related Litigation but the Special Servicer is not named in such Loan-Related Litigation (and regardless of whether the Trust is named in such Loan-Related Litigation), the Master Servicer shall notify the Special Servicer of such litigation as soon as practicable but in any event no later than within ten (10) Business Days of the Master Servicer receiving service of such Loan-Related Litigation.