Common use of Promptly Clause in Contracts

Promptly. (but no later than 1 Business Day) after filing with the SEC, the Trustee will make available on its internet website a final executed copy of each Form 10-K filed by the Trustee. The parties to this Agreement acknowledge that the performance by the Depositor and the Trustee of its duties under this Section 4.05(b) related to the timely preparation, execution and filing of Form 10-K is contingent upon such parties (and any Sub-Servicer and each subcontractor determined by the Servicer to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB) strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(b), Section 3.20, Section 3.21. Neither the Servicer nor the Trustee shall have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 10-K, where such failure results from 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 10-K, and for any erroneous, inaccurate or incomplete information or certification provided to the Trustee, not resulting from its own negligence, bad faith or willful misconduct.

Promptly. (but no later than 1 Business Day) after filing with the SEC, the Trustee will will, make available on its internet website a final executed copy of each Form 108-K filed by the Trustee. The parties to this Agreement acknowledge that the performance by the Depositor and the Trustee of its their respective duties under this Section 4.05(b4.05(c) related to the timely preparation, execution and filing of Form 108-K is contingent upon such parties (and any Sub-Servicer and each subcontractor determined by the Servicer to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB) strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(b4.05(c), Section 3.20, Section 3.21. Neither the Servicer nor the The Trustee shall have any no liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare, execute and/or timely file such Form 108-K, where such failure results from 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 108-K, and for any erroneous, inaccurate or incomplete information or certification provided to the Trustee, not resulting from its own negligence, bad faith or willful misconduct.

Promptly. (but no later than 1 Business Day) after filing with the SEC, the Trustee will make available on its internet website a final executed copy of each Form 10-K D filed by the Trustee. The parties Each party to this Agreement acknowledge acknowledges that the performance by the Depositor and the Trustee of its their respective duties under this Section 4.05(b4.05(a) related to the timely preparation, execution and filing of Form 10-K D is contingent upon such parties (and any Sub-Servicer and each subcontractor determined by the Servicer to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB) strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(b4.05(a), Section 3.20, Section 3.21. Neither the Servicer nor the The Trustee shall have any no liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare, execute prepare and/or timely file such Form 10-KD, where such failure results from 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 10-KD, and for any erroneous, inaccurate or incomplete information or certification provided to the Trustee, not resulting from its own negligence, bad faith or willful misconduct.

Promptly. (but no later than 1 Business Day) after filing with the SECCommission, the Trustee will Trust Administrator will, make available on its internet website a final executed copy of each Form 108-K prepared and filed by the TrusteeTrust Administrator. The parties to this Agreement acknowledge that the performance by the Depositor Trust Administrator and the Trustee Master Servicer of its duties under this Section 4.05(b) 14.04 related to the timely preparation, execution preparation and filing of Form 108-K is contingent upon such parties (and any Sub-Servicer and each subcontractor determined by the Servicer to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB) strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(b), Section 3.20, Section 3.2114.04. Neither the Master Servicer nor not the Trustee Trust Administrator shall have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute prepare and/or timely file such Form 108-K, where such failure results from the TrusteeTrust 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 108-K, and for any erroneous, inaccurate or incomplete information or certification provided to the Trustee, not resulting from its own negligence, bad faith or willful misconduct.

Promptly. (but no later than 1 Business Day) after filing with the SECCommission, the Trustee Trust Administrator will make available on its internet website a final executed copy of each Form 10-K D prepared and filed by the TrusteeTrust Administrator. The parties Each party to this Agreement acknowledge acknowledges that the performance by the Depositor Master Servicer and the Trustee Trust Administrator of its duties under this Section 4.05(b) 14.02 related to the timely preparation, execution preparation and filing of Form 10-K D is contingent upon such parties (and any Sub-Servicer and each subcontractor determined by the Servicer to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB) strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(b), Section 3.20, Section 3.2114.02. Neither the Servicer Trust Administrator nor the Trustee Master Servicer shall have any liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare, timely execute and/or timely file such Form 10-KD, where such failure results from the TrusteeTrust 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 10-K, and for any erroneous, inaccurate or incomplete information or certification provided to the TrusteeD, not resulting from its own negligence, bad faith or willful misconduct.

Promptly. (but no later than 1 Business Day) after filing with the SECCommission, the Trustee will Trust Administrator will, make available on its internet website a final executed copy of each Form 108-K prepared and filed by the TrusteeTrust Administrator. The parties to this Agreement acknowledge that the performance by the Depositor Trust Administrator and the Trustee Master Servicer of its duties under this Section 4.05(b) 13.04 related to the timely preparation, execution preparation and filing of Form 108-K is contingent upon such parties (and any Sub-Servicer and each subcontractor determined by the Servicer to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB) strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(b), Section 3.20, Section 3.2113.04. Neither the Master Servicer nor the Trustee Trust Administrator shall have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare, execute prepare and/or timely file such Form 108-K, where such failure results from the Trustee’s Trust 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 108-K, and for any erroneous, inaccurate or incomplete information or certification provided to the Trustee, not resulting from its own negligence, bad faith or willful misconduct.