Common use of Remedies for Breach of Representations and Warranties of the Servicer Clause in Contracts

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the Depositor, the Master Servicer and the Trustee. Upon discovery by any of the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, the priority of the security interest on such Mortgaged Property or the interest of the Seller, the Depositor, the Master Servicer or the NIMS Insurer, the party discovering such breach shall give prompt written notice to the others.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the related Closing Date or Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of either the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the related Closing Date or Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of either the Servicer, the Master Servicer, the Depositor, Servicer or the NIMS Insurer or the Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the Seller, the Depositor, the Master Servicer or the NIMS Insurer, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of either the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the any Closing Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the any Depositor, the Master Servicer and the each Trust and Trustee. Upon discovery by any of the Servicer, the Master Servicer, the DepositorTrustee, the NIMS Insurer any Depositor or the Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer Servicer, together with its designated sub-servicer, to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Securitized Loans, the Mortgaged Property, the priority of the security interest on such Mortgaged Property or the interest of the Seller, the any Depositor, the Master Servicer Servicer, the related Trust or the NIMS Insurerrelated Trustee, the party discovering such breach shall give prompt written notice to the others.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date or Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the Depositor, the Master Servicer each Seller (with respect to its related Mortgage Loans) and the Trustee. Upon discovery by any of either the Servicer, the Master Servicer, the Depositor, the NIMS Insurer Servicer or the either Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest of the Seller, the Depositor, the Master Servicer either Seller (with respect to its related Mortgage Loans) or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the Depositor, the Master Servicer Servicer, the NIMS Insurer and the Trustee. Upon discovery by any of either the Servicer, the Seller, the Depositor, the Master Servicer, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the Seller, the Depositor, the Master Servicer Servicer, the NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date or Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the Depositor, the Master Servicer Seller and the Trustee. Upon discovery by any of either the Servicer, the Master Servicer, either Seller, the Depositor, Depositor or the NIMS Insurer or the Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest of the Seller, the Depositor, the Master Servicer either Seller (with respect to its related Mortgage Loans) or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the related Closing Date or applicable Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the related Closing Date or Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. (a) It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing related Servicing Transfer Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the DepositorMaster Servicer, the Master Servicer NIMS Insurer, the Depositor and the Trustee. Upon discovery by any of either the Servicer, the Master Servicer, the Seller, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the Depositor, the Master Servicer and the Trustee. Upon discovery by any of the Servicer, the Master Servicer, the Trustee, the Depositor, the NIMS Insurer or the Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, the priority of the security interest on such Mortgaged Property or the interest of the Seller, the Depositor, the Master Servicer Servicer, the NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the others.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the related Closing Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date or related Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of either the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date or Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of from and after the related Closing Date or Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of either the Servicer, the Master Servicer, the Depositor, Servicer or the NIMS Insurer or the Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the Seller, the Depositor, the Master Servicer or the NIMS Insurer, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the related Closing Date or Servicing Transfer Date, as applicable, hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer Issuer and the Indenture Trustee. Upon discovery by any of the Servicer, the Master Servicer, the Depositor, the NIMS Insurer Servicer or the Seller Indenture Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer Issuer or the NIMS InsurerIndenture Trustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the any Closing Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the any Depositor, the Master Servicer and the each Trust, Certificate Insurer and Trustee. Upon discovery by any of the Servicer, the Master Servicer, the DepositorTrustee, the NIMS Insurer Certificate Insurer, any Depositor or the Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Securitized Loans, the Mortgaged Property, the priority of the security interest on such Mortgaged Property or the interest of the Seller, the any Depositor, the Master Servicer Servicer, Certificate Insurer, the related Trust or the NIMS Insurerrelated Trustee, the party discovering such breach shall give prompt written notice to the others.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date and each Servicing Transfer Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer and the Trustee. Upon discovery by any of either the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller Trustee of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, Property or the priority of the security interest on such Mortgaged Property or the interest interests of the SellerMaster Servicer, the Depositor, the Master Servicer NIMS Insurer or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the othersother.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the any Closing Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the any Depositor, the Master Servicer and the each Trust and Trustee. Upon discovery by any of the Servicer, the Master Servicer, the DepositorTrustee, the NIMS Insurer any Depositor or the Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer Servicer, together with its designated sub-servicer, to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Securitized Loans, the Mortgaged Property, the priority of the security interest on such Mortgaged Property or the interest of the Seller, the any Depositor, the Master Servicer Servicer, the Trust or the NIMS InsurerTrustee, the party discovering such breach shall give prompt written notice to the others.

Remedies for Breach of Representations and Warranties of the Servicer. It is understood and agreed that the representations and warranties set forth in Section 6.01 shall survive the engagement of the Servicer to perform the servicing responsibilities as of the Closing Date hereunder and the delivery of the Servicing Files to the Servicer and shall inure to the benefit of the Seller, the Depositor, the Master Servicer and the Trustee. Upon discovery by any of the Servicer, the Master Servicer, the Depositor, the NIMS Insurer or the Seller of a breach of any of the foregoing representations and warranties which materially and adversely affects the ability of the Servicer to perform its duties and obligations under this Agreement or otherwise materially and adversely affects the value of the Mortgage Loans, the Mortgaged Property, the priority of the security interest on such Mortgaged Property or the interest of either the Seller, the Depositor, the Master Servicer or the NIMS Insurer, the party discovering such breach shall give prompt written notice to the others.