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-D filed by the Trustee. Each party to this Agreement acknowledges that the performance by the Depositor and the Trustee of their respective duties under this Section 4.05(a) related to the timely preparation, execution and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(a). The Trustee shall have no liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-D, 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-D, 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.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt3), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt1), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt5)
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-D K filed by the Trustee. Each party The parties to this Agreement acknowledges acknowledge that the performance by the Depositor and the Trustee of their respective duties under this Section 4.05(a4.05(c) related to the timely preparation, execution and filing of Form 108-D K is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(a4.05(c). The Trustee shall have no liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare prepare, execute and/or timely file such Form 108-DK, 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-D, and for any erroneous, inaccurate or incomplete information or certification provided to the TrusteeK, not resulting from its own negligence, bad faith or willful misconduct.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt3), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt1), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt5)
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-D K filed by the Trustee. Each party The parties to this Agreement acknowledges acknowledge that the performance by the Depositor and the Trustee of their respective its duties under this Section 4.05(a4.05(b) related to the timely preparation, execution and filing of Form 10-D 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(a4.05(b), Section 3.20, Section 3.21. The Neither the Servicer nor the Trustee shall have no any liability for any loss, expense, damage, damage or claim arising out of or with respect to any failure to properly prepare prepare, execute and/or timely file such Form 10-DK, 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-DK, 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.
Appears in 5 contracts
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt3), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt1), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt5)
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-D prepared and filed by the TrusteeTrust Administrator. Each party to this Agreement acknowledges that the performance by the Depositor Master Servicer and the Trustee Trust Administrator of their respective its duties under this Section 4.05(a) 14.02 related to the timely preparation, execution preparation and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(a)14.02. The Trustee Neither the Trust Administrator nor the Master Servicer shall have no any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare prepare, timely execute and/or timely file such Form 10-D, 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-D, 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.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-3), Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-2)
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-D filed by the TrusteeTrust Administrator. Each party to this Agreement acknowledges that the performance by the Depositor Master Servicer and the Trustee Trust Administrator of their respective its duties under this Section 4.05(a) 14.02 related to the timely preparation, execution preparation and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(a)14.02. The Trustee Neither the Trust Administrator nor the Master Servicer shall have no any liability for any loss, expense, damage, claim arising out of or with respect to any failure to properly prepare prepare, timely execute and/or timely file such Form 10-D, 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-D, 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.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-1)
Promptly. (but no later than 1 one 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-D prepared and filed by the TrusteeTrust Administrator. Each party to this Agreement acknowledges that the performance by the Depositor Master Servicer and the Trustee Trust Administrator of their respective its duties under this Section 4.05(a) 13.02 related to the timely preparation, execution preparation and filing of Form 10-D is contingent upon such parties strictly observing all applicable deadlines in the performance of their duties under this Section 4.05(a)13.02. The Trustee Neither the Trust Administrator nor the Master Servicer shall have no any liability for any loss, expense, damage, damage or claim arising out of or with respect to any failure to properly prepare prepare, timely execute and/or timely file such Form 10-D, 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 10-D, 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.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Credit Suisse Adjustable Rate Mortgage Trust 2006-1)