Common use of NO ASSIGNMENT OR DELEGATION OF DUTIES BY SERVICER Clause in Contracts

NO ASSIGNMENT OR DELEGATION OF DUTIES BY SERVICER. The Servicer, as an independent contractor, shall service and administer the Loans and shall have full power and authority, acting alone, to do any and all things in connection with such servicing and administration which the Servicer may deem necessary or desirable and consistent with the terms of this Agreement. The Servicer may not enter into subservicing agreements for any servicing and administration of Loans without the prior written consent of the Required Noteholders and the Trustee (acting at the written direction of the Required Noteholders) (which consent shall not be unreasonably withheld) and without notice thereof to the Rating Agency. Except as expressly provided herein, the Servicer shall not assign or transfer any of its rights, benefits or privileges hereunder to any other Person, or delegate to or subcontract with, or authorize or appoint any other Person to perform any of the duties, covenants or obligations to be performed by the Servicer hereunder, without notice to the Rating Agency and without the prior written consent of the Required Noteholders and the Trustee (acting at the written direction of the Required Noteholders) (which consent shall not be unreasonably withheld), and absent such written consent any agreement, instrument or act purporting to effect any such assignment, transfer, delegation or appointment shall be void. The Servicer shall be liable for all acts and omissions of any delegate, subcontractor or other agent appointed pursuant to this Agreement. Nothing contained in this Section 3.2 shall prohibit or be deemed to prohibit the Servicer from contracting with third parties to perform duties that are not duties of the Servicer hereunder that the Servicer deems reasonably necessary in connection with the servicing of the Loans including, without limitation, title work, surveying, environmental consulting, property management and maintenance, construction, engineering and architectural consulting.

NO ASSIGNMENT OR DELEGATION OF DUTIES BY SERVICER. The Servicer, as an independent contractor, shall service and administer the Loans and shall have full power and authority, acting alone, to do any and all things in connection with such servicing and administration which the Servicer may deem necessary or desirable and consistent with the terms of this Agreement. The Servicer may not enter into subservicing agreements for any servicing and administration of Loans without the prior written consent of the Required Noteholders and the Trustee (acting at the written direction of the Required Noteholders) (which consent shall not be unreasonably withheld) and without notice thereof to the Rating Agency. Except as expressly provided hereinin this Agreement, the Servicer shall not assign pledge, assign, or transfer any of its rights, benefits benefits, or privileges hereunder under this Agreement to any other Person, or delegate to or subcontract with, or authorize authorize, or appoint any other Person to perform any of the duties, covenants covenants, or obligations to be performed by the Servicer hereunder, without notice to the Rating Agency and without the prior written consent of the Required Noteholders and the Trustee (acting at the written direction of the Required Noteholders) (Owner, which consent shall not be unreasonably withheld), withheld and absent such written consent any agreement, instrument instrument, or act purporting to effect any such assignment, transfer, delegation delegation, or appointment shall be void. The Notwithstanding the foregoing, the Servicer shall be liable for all acts have the right without the prior written consent of the Owner and omissions of any delegate, subcontractor hereby agrees to delegate to or other agent appointed pursuant to this Agreement. Nothing contained in this Section 3.2 shall prohibit subcontract with or be deemed to prohibit the Servicer from contracting with third parties to perform duties that are not duties authorize or appoint an Affiliate of the Servicer hereunder that to perform and carry out any duties, covenants, or obligations to be performed and carried out by the Servicer deems reasonably necessary hereunder to the extent that such duties, covenants, or obligations are to be performed in connection with any state or states in which the servicing Servicer is not authorized to do business as a foreign corporation but in which the Affiliate is so authorized. In no case, shall any permitted assignment relieve the Servicer of any liability to the Loans includingOwner hereunder. Notwithstanding an other provision of this Agreement, Servicer shall have the right to assign, transfer or pledge any right Servicer has to receive payment under this Agreement without limitationthe consent of, title workor notice to, surveying, environmental consulting, property management and maintenance, construction, engineering and architectural consultingthe Owner.

NO ASSIGNMENT OR DELEGATION OF DUTIES BY SERVICER. The Servicer, as an independent contractor, shall service and administer the Loans and shall have full power and authority, acting alone, to do any and all things in connection with such servicing and administration which the Servicer may deem necessary or desirable and consistent with the terms of this Agreement. The Servicer may not enter into subservicing agreements for any servicing and administration of Loans without the prior written consent of the Trustee and the Required Noteholders and the Trustee (acting at the written direction of the Required Noteholders) (which consent shall not be unreasonably withheld) and without notice thereof to the Rating Agency. Except as expressly provided herein, the Servicer shall not assign or transfer any of its rights, benefits or privileges hereunder to any other Person, or delegate to or subcontract with, or authorize or appoint any other Person to perform any of the duties, covenants or obligations to be performed by the Servicer hereunder, without notice to the Rating Agency and without the prior written consent of the Trustee and the Required Noteholders and the Trustee (acting at the written direction of the Required Noteholders) (which consent shall not be unreasonably withheld), and absent such written consent any agreement, instrument or act purporting to effect any such assignment, transfer, delegation or appointment shall be void. The Servicer shall be liable for all acts and omissions of any delegate, subcontractor or other agent appointed pursuant to this Agreement. Nothing contained in this Section 3.2 shall prohibit or be deemed to prohibit the Servicer from contracting with third parties to perform duties that are not duties of the Servicer hereunder that the Servicer deems reasonably necessary in connection with the servicing of the Loans including, without limitation, title work, surveying, environmental consulting, property management and maintenance, construction, engineering and architectural consulting.