Common use of No Disabling Procedures Clause in Contracts

No Disabling Procedures. Servicer represents and warrants that to the best of its knowledge and belief, (a) any electronically delivered services provided under this Servicing Agreement, (b) the use of any data transfers, or any website by which Lender will access the services provided under this Servicing Agreement, (c) any reports or other data furnished to Lender pursuant to this Servicing Agreement, (d) any software provided by Servicer to Lender in order for Lender to access any services provided under this Servicing Agreement, and (e) other deliverables provided by Servicer under this Agreement related to the services hereunder (“Deliverables”) do not and will not contain any program, routine, device, code, or instructions (including any code or instructions provided by third parties) or other undisclosed feature, including, without limitation, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse, spyware, bug, error, defect, or trap door, that is capable of (or has the effect of allowing any untrusted party or malicious user to be capable of) accessing, modifying, deleting, damaging, disabling, deactivating, interfering with, or otherwise harming the Deliverables, any of Lender’s or its Affiliates’ computers, networks, data, or other electronically stored information, or computer programs or systems (collectively, “Disabling Procedures”); provided, however, Lender agrees that Servicer may use license keys or other features that limit or restrict Lender’s or its Affiliates’ use of relevant software provided or made available in connection with the services hereunder or the Deliverables following expiration of applicable license terms (if any). Such representation and warranty applies regardless of whether such Disabling Procedures are authorized by Servicer to be included in the Deliverables. If Servicer incorporates into the services under this Servicing Agreement or related Deliverables programs or routines supplied by other servicers, licensors, or contractors, Servicer shall obtain comparable warranties from such other providers, or Servicer shall take appropriate action to ensure that such programs or routines are free of Disabling Procedures. Notwithstanding any other limitations in this Servicing Agreement, Servicer agrees to notify Lender promptly upon discovery of any Disabling Procedures that are or reasonably suspected to be included in the Deliverables, and if Disabling Procedures are discovered or reasonably suspected to be present in the Deliverables, Servicer, at its entire liability, agrees to use commercially reasonable efforts to take action promptly, at its own expense, to identify and eradicate (or equip Lender to identify and eradicate) such Disabling Procedures and carry out any recovery necessary to remedy any impact of such Disabling Procedures.

No Disabling Procedures. Servicer represents and warrants that that, other than with respect to the best of its knowledge commercial off-the-shelf software and beliefopen source software, (a) any electronically delivered services provided under by Servicer to Lender pursuant to this Origination Agreement and the Servicing Agreement, (b) the use of any data transfers, or any website by which Lender will access the services provided under by Servicer to Lender pursuant to this Origination Agreement and the Servicing Agreement, (c) any reports or other data furnished to Lender pursuant to this Servicing Agreementby Servicer, (d) any software provided by Servicer to Lender in order for Lender to access any services provided under this Servicing Agreementsoftware, and (e) other deliverables provided by Servicer under this Agreement related deliverables, to the services hereunder (“Deliverables”) Best of Servicer’s Knowledge, do not and will not contain any program, routine, device, code, or instructions (including any code or instructions provided by third parties) or other undisclosed feature, including, without limitation, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse, spyware, bug, error, defect, or trap door, that is capable of (or has the effect of allowing any untrusted party or malicious user to be capable of) accessing, modifying, deleting, damaging, disabling, deactivating, interfering with, or otherwise harming any Loan or any other service provided by Servicer to Lender pursuant to this Origination Agreement and the DeliverablesServicing Agreement, any of Lender’s or its Affiliates’ computers, networks, data, or other electronically stored information, or computer programs or systems (collectively, “Disabling Procedures”); provided, however, Lender agrees that Servicer may use license keys or other features that limit or restrict Lender’s or its Affiliates’ use of relevant software provided or made available in connection with the services hereunder or the Deliverables following expiration of applicable license terms (if any). Such representation and warranty applies regardless of whether such Disabling Procedures are authorized by Servicer to be included in the Deliverablesservices provided by Servicer to Lender pursuant to this Origination Agreement and the Servicing Agreement. If Servicer incorporates into the services under provided by Servicer to Lender pursuant to this Origination Agreement and the Servicing Agreement or related Deliverables deliverables programs or routines supplied by other servicersvendors, licensors, or contractorscontractors (excluding, for clarity, commercial off-the-shelf software and open source software), Servicer shall obtain comparable warranties from such other providers, CERTAIN CONFIDENTIAL MATERIAL APPEARING IN THIS DOCUMENT, MARKED BY [*****] HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED or Servicer shall take appropriate action to ensure that such programs or routines are free of Disabling Procedures. Notwithstanding any other limitations in this Servicing Origination Agreement, Servicer agrees to notify Lender promptly immediately upon discovery of any Disabling Procedures that are or reasonably suspected to be included in the Deliverables, services it provides to Lender under this Origination Agreement and if Disabling Procedures are discovered or reasonably suspected to be present in the Deliverables, Servicer, at its entire liability, agrees to use commercially reasonable efforts to take action promptly, at its own expense, to identify and eradicate (or equip Lender to identify and eradicate) such Disabling Procedures and carry out any recovery necessary to remedy any impact of such Disabling ProceduresServicing Agreement.

No Disabling Procedures. Servicer represents and warrants that that, other than with respect to the best of its knowledge commercial off-the-shelf software and beliefopen source software, (a) any electronically delivered services provided under by Servicer to Lender pursuant to this Origination Agreement and the Servicing Agreement, (b) the use of any data transfers, or any website by which Lender will access the services provided under by Servicer to Lender pursuant to this Origination Agreement and the Servicing Agreement, (c) any reports or other data furnished to Lender pursuant to this Servicing Agreementby Servicer, (d) any software provided by Servicer to Lender in order for Lender to access any services provided under this Servicing Agreementsoftware, and (e) other deliverables provided by Servicer under this Agreement related deliverables, to the services hereunder (“Deliverables”) Best of Servicer’s Knowledge, do not and will not contain any program, routine, device, code, or instructions (including any code or instructions provided by third parties) or other undisclosed feature, including, without limitation, a time bomb, virus, software lock, drop-dead device, malicious logic, worm, Trojan horse, spyware, bug, error, defect, or trap door, that is capable of (or has the effect of allowing any untrusted party or malicious user to be capable of) accessing, modifying, deleting, damaging, disabling, deactivating, interfering with, or otherwise harming any Loan or any other service provided by Servicer to Lender pursuant to this Origination Agreement and the DeliverablesServicing Agreement, any of Lender’s or its Affiliates’ computers, networks, data, or other electronically stored information, or computer programs or systems (collectively, “Disabling Procedures”); provided, however, Lender agrees that Servicer may use license keys or other features that limit or restrict Lender’s or its Affiliates’ use of relevant software provided or made available in connection with the services hereunder or the Deliverables following expiration of applicable license terms (if any). Such representation and warranty applies regardless of whether such Disabling Procedures are authorized by Servicer to be included in the Deliverablesservices provided by Servicer to Lender pursuant to this Origination Agreement and the Servicing Agreement. If Servicer incorporates into the services under provided by Servicer to Lender pursuant to this Origination Agreement and the Servicing Agreement or related Deliverables deliverables programs or routines supplied by other servicersvendors, licensors, or contractorscontractors (excluding, for clarity, commercial off-the-shelf software and open source software), Servicer shall obtain comparable warranties from such other providers, or Servicer shall take appropriate action to ensure that such programs or routines are free of Disabling Procedures. Notwithstanding any other limitations in this Servicing Origination Agreement, Servicer agrees to notify Lender promptly immediately upon discovery of any Disabling Procedures that are or reasonably suspected to be included in the Deliverables, services it provides to Lender under this Origination Agreement and if Disabling Procedures are discovered or reasonably suspected to be present in the Deliverables, Servicer, at its entire liability, agrees to use commercially reasonable efforts to take action promptly, at its own expense, to identify and eradicate (or equip Lender to identify and eradicate) such Disabling Procedures and carry out any recovery necessary to remedy any impact of such Disabling ProceduresServicing Agreement.