Common use of Definitions; Conflicts Clause in Contracts

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto, or terms of substantially similar import, in the Servicing Agreement. Any conflict between the Servicing Agreement and this Agreement shall be resolved in favor of this Agreement provided that in no event shall the Master Servicer or the Special Servicer, as the case may be, take any action or omit to take any action in accordance with the terms of this Agreement that would cause the Master Servicer or the Special Servicer, as the case may be, to violate the Servicing Standard or the REMIC Provisions. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 17 contracts

Samples: Lender Agreement (Benchmark 2018-B3 Commercial Mortgage Trust), Lender Agreement (Benchmark 2018-B8 Mortgage Trust), Co Lender Agreement (Benchmark 2018-B1 Mortgage Trust)

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Definitions; Conflicts. (a) References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto, or terms of substantially similar import, in the Servicing Agreement. Any conflict between the Servicing Agreement and this Agreement shall be resolved in favor of this Agreement provided that in no event shall the Master Servicer or the Special Servicer, as the case may be, take any action or omit to take any action in accordance with the terms of this Agreement that would cause the Master Servicer or the Special Servicer, as the case may be, to violate the Servicing Standard or the REMIC Provisions. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 6 contracts

Samples: Lender Agreement (Benchmark 2019-B13 Mortgage Trust), Lender Agreement (CD 2019-Cd8 Mortgage Trust), Lender Agreement (COMM 2019-Gc44 Mortgage Trust)

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