Common use of Promptly Clause in Contracts

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, make available on its internet website a final executed copy of each Form 8-K filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c). Neither the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Securities Administrator’s inability or failure to receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 17 contracts

Samples: Pooling and Servicing Agreement (HarborView 2007-6), Pooling and Servicing Agreement (HarborView 2007-2), Pooling and Servicing Agreement (Harborview 2006-7)

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Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, will make available on its internet website a final executed copy of each Form 810-K D filed by the Securities Administrator. The parties Each party to this Agreement acknowledge acknowledges that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c3.19(a) related to the timely preparation, execution and filing of Form 810-K D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c3.19(a). Neither the Master Servicer nor the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 810-KD, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 810-KD, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 12 contracts

Samples: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4), Trust Agreement (Thornburg Mortgage Securities Trust 2006-4), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-6)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, will make available on its internet website a final executed copy of each Form 810-K D filed by the Securities Administrator. The parties Each party to this Agreement acknowledge acknowledges that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c3.19(a) related to the timely preparation, execution and filing of Form 810-K D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c3.19(a). Neither the Master Servicer nor the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 810-KD, where such failure results from the Securities Administrator’s inability or failure to receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 810-KD, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (Harborview 2006-6), Pooling and Servicing Agreement (Dsla 2006-Ar2), Pooling and Servicing Agreement (HarborView 2006-13)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, will make available on its internet website a final executed copy of each Form 810-K D filed by the Securities Administrator. The parties Each party to this Agreement acknowledge acknowledges that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c3.19(a) related to the timely preparation, execution and filing of Form 810-K D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c3.19(a). Neither the Master Servicer nor the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 810-KD, where such failure results from the Securities Administrator’s inability or failure to receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 810-KD, and for any erroneous, inaccurate or incomplete information or certification provided to the Securities Administrator, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (HarborView 2007-6), Pooling and Servicing Agreement (HarborView 2007-4), Pooling and Servicing Agreement (RBSGC Mortgage Loan Trust 2007-B)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, will make available on its internet website a final executed copy of each Form 810-K D filed by the Securities Administrator. The parties Each party to this Agreement acknowledge acknowledges that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c3.19(a) related to the timely preparation, execution and filing of Form 810-K D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c3.19(a). Neither the Master Servicer nor the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 810-KD, where such failure results from the Securities Administrator’s 's inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 810-KD, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Structured Asset Mortgage Investments Ii Inc), Execution (PHH Mortgage Trust, Series 2008-Cim2), Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-5)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, will make available on its internet website a final executed copy of each Form 810-K D prepared and filed by the Securities Administrator. The parties Each party to this Agreement acknowledge acknowledges that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c3.19(a) related to the timely preparation, execution and filing of Form 810-K D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c3.19(a). Neither the Master Servicer nor the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 810-KD, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 810-KD, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Luminent 2006-4), Pooling and Servicing Agreement (Luminent 2006-5)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, make available on its internet website a final executed copy of each Form 8-K prepared and filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c). Neither the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Luminent 2006-4), Pooling and Servicing Agreement (Luminent 2006-5)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, make available on its internet website a final executed copy of each Form 8-K filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c). Neither the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (PHH Mortgage Trust, Series 2008-Cim1), Pooling and Servicing Agreement (Zuni 2006-Oa1)

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Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, will make available on its internet website a final executed copy of each Form 810-K D filed by the Securities Administrator. The parties Each party to this Agreement acknowledge acknowledges that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c3.19(a) related to the timely preparation, execution and filing of Form 810-K D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c3.19(a). Neither the Master Servicer nor the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 810-KD, where such failure results from the Securities Administrator’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 810-KD, not resulting from its own negligence, bad faith or willful misconduct.. 76

Appears in 1 contract

Samples: Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-1)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, Trustee will make available on its internet website a final executed copy of each Form 810-K filed by D. The signing party at the Securities AdministratorDepositor can be contacted at the address and facsimile number specified in Section 11.05(a). The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator Trustee of their respective its duties under this Section 3.19(c) 12.02 related to the timely preparation, execution preparation and filing of Form 810-K D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c)12.02. Neither the Securities Administrator Master Servicer nor the Master Servicer Trustee shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute prepare and/or timely file such Form 810-KD, where such failure results from the Securities Administrator’s Master Servicer or the Trustee's inability or failure to receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 810-KD, as applicable, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GMAC Commercial Mortgage Securities, Inc. Series 2006-C1 Trust)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, make available on its internet website a final executed copy of each Form 8-K filed by the Securities Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c) related to the timely preparation, execution and filing of Form 8-K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c). Neither the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 8-K, where such failure results from the Securities Administrator’s 's inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 8-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Execution (PHH Mortgage Trust, Series 2008-Cim2)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Securities Administrator will, will make available on its internet website a final executed copy of each Form 810-K D filed by the Securities Administrator. The parties Each party to this Agreement acknowledge acknowledges that the performance by the Master Servicer and the Securities Administrator of their respective duties under this Section 3.19(c3.19(a) related to the timely preparation, execution and filing of Form 810-K D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 3.19(c3.19(a). Neither the Master Servicer nor the Securities Administrator nor the Master Servicer shall have any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 810-KD, where such failure results from the Securities Administrator’s inability or failure to receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 810-KD, not resulting from its own negligence, bad faith or willful misconduct.. 81

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Harborview 2006-7)

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