Common use of Master Servicer Liable for Enforcement Clause in Contracts

Master Servicer Liable for Enforcement. Notwithstanding anything contained in the Servicing Agreement to the contrary, the Master Servicer shall remain obligated and liable to the Trustee and the Certificateholders in accordance with the provisions of this Agreement, to the extent of its obligations hereunder, without diminution of such obligation or liability by virtue of the Servicing Agreement. The Master Servicer shall use commercially reasonable efforts to ensure that the Mortgage Loans are serviced in accordance with the provisions of this Agreement and shall use commercially reasonable efforts to enforce the provisions of the Servicing Agreement for the benefit of the Certificateholders and any NIMS Insurer. The Master Servicer shall be entitled to enter into any agreement with the Servicer for indemnification of the Master Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. Except as expressly set forth herein, the Master Servicer shall have no liability under this Agreement or otherwise to any party for the acts or omissions of the Servicer in the performance by the Servicer of its obligations under the Servicing Agreement. The parties to this Agreement hereby agree and any third party beneficiaries to this Agreement shall be deemed to have agreed that, notwithstanding anything in this Agreement or any other agreement relating to the Mortgage Loans to the contrary, the Master Servicer shall not be under any liability under this Agreement or otherwise to any party for any acts or omissions of the Servicer or for information the Servicer has provided or has been required to provide to the Master Servicer relating to Section 9.04(b).

Master Servicer Liable for Enforcement. Notwithstanding anything contained in the any Servicing Agreement to the contraryAgreement, the Master Servicer shall remain obligated and liable to the Trustee Trustee, any NIMS Insurer and the Certificateholders in accordance with the provisions of this Agreement, to the extent of its obligations hereunder, without diminution of such obligation or liability by virtue of the Servicing Agreement. The Master Servicer shall use commercially reasonable efforts to ensure that the Mortgage Loans are serviced in accordance with the provisions of this Agreement and shall use commercially reasonable efforts to enforce the provisions of the Servicing Agreement for the benefit of the Certificateholders and any NIMS Insurer. The Master Servicer shall be entitled to enter into any agreement with the Servicer for indemnification of the Master Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. Except as expressly set forth herein, the Master Servicer shall have no liability under this Agreement or otherwise to any party for the acts or omissions of the Servicer in the performance by the Servicer of its obligations under the Servicing Agreement. The parties to this Agreement hereby agree and any third party beneficiaries to this Agreement shall be deemed to have agreed that, notwithstanding anything in this Agreement or any other agreement relating to the Mortgage Loans to the contrary, the Master Servicer shall not be under any liability under this Agreement or otherwise to any party for any acts or omissions of the Servicer or for information the Servicer has provided or has been required to provide to the Master Servicer relating to Section 9.04(b).

Master Servicer Liable for Enforcement. Notwithstanding anything contained in the Servicing Agreement to the contraryAgreement, the Master Servicer shall remain obligated and liable to the Trustee Trustee, any NIMS Insurer and the Certificateholders in accordance with the provisions of this Agreement, to the extent of its obligations hereunder, without diminution of such obligation or liability by virtue of the Servicing Agreement. The Master Servicer shall use commercially reasonable efforts to ensure that the Mortgage Loans are serviced in accordance with the provisions of this Agreement and shall use commercially reasonable efforts to enforce the provisions of the Servicing Agreement for the benefit of the Certificateholders and any NIMS Insurer. The Master Servicer shall be entitled to enter into any agreement with the Servicer for indemnification of the Master Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. Except as expressly set forth herein, the Master Servicer shall have no liability under this Agreement or otherwise to any party for the acts or omissions of the Servicer in the performance by the Servicer of its obligations under the Servicing Agreement. The parties to this Agreement hereby agree and any third party beneficiaries to this Agreement shall be deemed to have agreed that, notwithstanding anything in this Agreement or any other agreement relating to the Mortgage Loans to the contrary, the Master Servicer shall not be under any liability under this Agreement or otherwise to any party for any acts or omissions of the Servicer or for information the Servicer has provided or has been required to provide to the Master Servicer relating to Section 9.04(b).

Master Servicer Liable for Enforcement. Notwithstanding anything contained in the any Servicing Agreement to the contrary, the Master Servicer shall remain obligated and liable to the Trustee and the Certificateholders in accordance with the provisions of this Agreement, to the extent of its obligations hereunder, without diminution of such obligation or liability by virtue of the such Servicing AgreementAgreements. The Master Servicer shall use commercially reasonable efforts to ensure that the Mortgage Loans are serviced in accordance with the provisions of this Agreement and shall use commercially reasonable efforts to enforce the provisions of the each Servicing Agreement for the benefit of the Certificateholders and any NIMS Insurer. The Master Servicer shall be entitled to enter into any agreement with the any Servicer for indemnification of the Master Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. Except as expressly set forth herein, the Master Servicer shall have no liability under this Agreement or otherwise to any party for the acts or omissions of the any Servicer in the performance by the such Servicer of its obligations under the related Servicing Agreement. The parties to this Agreement hereby agree and any third party beneficiaries to this Agreement shall be deemed to have agreed that, notwithstanding anything in this Agreement or any other agreement relating to the Mortgage Loans to the contrary, the Master Servicer shall not be under any liability under this Agreement or otherwise to any party for any acts or omissions of the Servicer Servicers or for information the Servicer has Servicers have provided or has been required to provide to the Master Servicer relating to Section 9.04(b).. 161

Master Servicer Liable for Enforcement. Notwithstanding anything contained in the any Servicing Agreement to the contraryAgreement, the Master Servicer shall remain obligated and liable to the Trustee Indenture Trustee, the Insurer and the Certificateholders Securityholders in accordance with the provisions of this Agreement, to the extent of its obligations hereunder, without diminution of such obligation or liability by virtue of the such Servicing AgreementAgreements. The Master Servicer shall use commercially reasonable efforts to ensure that the Mortgage Loans are serviced in accordance with the provisions of this Agreement and shall use commercially reasonable efforts to enforce the provisions of the each Servicing Agreement for the benefit of the Certificateholders Securityholders and any NIMS the Insurer. The Master Servicer shall be entitled to enter into any agreement with the any Servicer for indemnification of the Master Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. Except as expressly set forth herein, the Master Servicer shall have no liability under this Agreement or otherwise to any party for the acts or omissions of the any Servicer in the performance by the such Servicer of its obligations under the related Servicing Agreement. The parties ; provided notwithstanding any provision to this Agreement hereby agree the contrary set forth herein, if the Master Servicer and any third party beneficiaries to this Agreement Servicer shall be deemed to have agreed that, notwithstanding anything in this Agreement or any other agreement relating to the Mortgage Loans to the contrarysame Person, the Master Servicer shall not be liable hereunder for the performance of such Servicer's obligations under any liability under this Agreement or otherwise to any party for any acts or omissions of the Servicer or for information the Servicer has provided or has been required to provide to the Master Servicer relating to Section 9.04(b)applicable Servicing Agreement.