Mortgage Lender's Excused Nonperformance. Notwithstanding anything in this Program Agreement to the contrary, there shall be no termination of, and no liability under, this Program Agreement with respect to the Mortgage Lender for its failure to duly observe or perform any covenant, condition or agreement to be observed or performed by it, if such failure is directly caused by the failure of the Servicer or DCHFA to duly observe or perform in any material respect any covenant, condition or agreement to be observed or performed by either of them.
Appears in 4 contracts
Samples: Single Family Program Agreement, Single Family Program Agreement, Single Family Program Agreement
