Common use of Sub-Servicers Clause in Contracts

Sub-Servicers. The Servicer may perform its servicing responsibilities through agents or independent contractors acting as sub-servicers, but shall not thereby be released from any of its responsibilities hereunder, and the Servicer shall diligently pursue all of its rights against such subservicer. Notwithstanding any agreement with a sub-servicer, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a sub-servicer or reference to actions taken through a sub-servicer or otherwise, the Servicer shall remain obligated and liable to the Owner for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements or arrangements or by virtue of indemnification from the subservicer for any acts and omissions and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Mortgage Loans and any other transactions or services relating to the Mortgage Loans involving the sub-servicer shall be deemed to be between the sub-servicer and the Servicer alone and the Owner shall have no obligations, duties or liabilities with respect to the sub-servicer including no obligation, duty or liability of the Owner to pay sub-servicer's fees and expenses. For purposes of this Agreement, the Servicer shall be deemed to have received payments on Mortgage Loans when the subservicer has received such payments. The Servicer shall pay all fees and expenses of the subservicer from its own funds, the Servicing Fee or other amounts permitted to be retained by or reimbursed to the Servicer hereunder.

Sub-Servicers. The Servicer may perform its servicing responsibilities through agents or independent contractors acting as sub-servicers, but shall not thereby be released from any of its 9 responsibilities hereunder, and the Servicer shall diligently pursue all of its rights against such subservicersub-servicer. Notwithstanding any agreement with a sub-servicer, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a sub-servicer or reference to actions taken through a sub-servicer or otherwise, the Servicer shall remain obligated and liable to the Owner for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Subsub-Servicing Agreements servicing agreements or arrangements or by virtue of indemnification from the subservicer sub-servicer for any acts and omissions and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Mortgage Loans and any other transactions or services relating to the Mortgage Loans involving the sub-servicer shall be deemed to be between the sub-servicer and the Servicer alone and the Owner shall have no obligations, duties or liabilities with respect to the sub-servicer subservicer including no obligation, duty or liability of the Owner to pay sub-servicer's fees and expenses. For purposes of this Agreement, the Servicer shall be deemed to have received payments on Mortgage Loans when the subservicer sub-servicer has received such payments. The Servicer shall pay all fees and expenses of the subservicer sub-servicer from its own funds, the Servicing Fee or other amounts permitted to be retained by or reimbursed to the Servicer hereunder. Notwithstanding the foregoing, Servicer may in its sole judgment delegate specific servicing obligations to computer bureaus, credit bureaus, real estate tax service companies, real estate brokers or agents, attorneys, trustees, and others, provided Servicer remains responsible for all action taken or not taken by such companies, agents, representatives and others throughout the term of this Agreement.

Sub-Servicers. The (a) It is understood that the Master Servicer may perform its servicing responsibilities obligations under this Agreement through agents Sub-Servicers, provided that each such Sub-Servicer, at all times it is servicing any Mortgage Loan, is an established and approved servicer of FHA-insured project mortgage loans. For purposes of this Agreement, the Master Servicer shall be deemed to have received payments on Mortgage Loans upon receipt thereof by a Sub-Servicer. The Master Servicer shall pay all fees and expenses of each Sub-Servicer out of the Servicing Compensation or independent contractors acting out of the Master Servicer's own funds. Any agreement that may be entered into by the Master Servicer and any transactions or services relating to the Mortgage Loans involving a Sub-Servicer in its capacity as subsuch shall be deemed to be between the Sub-servicers, but shall not thereby be released from any of its responsibilities hereunderServicer and the Master Servicer alone, and except to the extent that the Trustee (or any other successor master servicer) succeeds to the rights and obligations of the Master Servicer hereunder as provided in subsection (b) below, neither the Trustee (or any other successor master servicer) nor any Certificateholder shall be deemed to be a party thereto or have any claims, rights, obligations, duties or liabilities with respect to the Sub-Servicer or for the payment of the fees and expenses of any Sub-Servicer. Any such Sub-Servicing Agreement shall conform in all material respects with this Agreement. Notwithstanding the fact that the Master Servicer may perform its servicing obligations under this Agreement through another entity, the Master Servicer shall diligently pursue at all of its rights against such subservicer. Notwithstanding any agreement with a sub-servicer, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a sub-servicer or reference to actions taken through a sub-servicer or otherwise, the Servicer shall times remain obligated and liable to the Owner for Trustee and the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement Certificate-holders without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements or arrangements or servicing being performed by virtue of indemnification from the subservicer for any acts and omissions such other entity and to the same extent and under the same terms and conditions as if the Master Servicer alone were servicing and administering the Mortgage Loans and any other transactions or services relating to the Mortgage Loans involving the sub-servicer shall be deemed to be between the sub-servicer and the Servicer alone and the Owner shall have no obligations, duties or liabilities with respect to the sub-servicer including no obligation, duty or liability of the Owner to pay sub-servicer's fees and expenses. For purposes of performing its obligations under this Agreement, the Servicer shall be deemed to have received payments on Mortgage Loans when the subservicer has received such payments. The Servicer shall pay all fees and expenses of the subservicer from its own funds, the Servicing Fee or other amounts permitted to be retained by or reimbursed to the Servicer hereunder.

Sub-Servicers. The Servicer may perform its servicing responsibilities through agents or independent contractors acting as sub-servicers, but shall not thereby be released from any of its responsibilities hereunder, and the Servicer shall diligently pursue all of its rights against such subservicersub-servicer. Notwithstanding any agreement with a sub-servicer, any of the provisions of this Agreement relating to agreements or arrangements between the Servicer and a sub-servicer or reference to actions taken through a sub-servicer or otherwise, the Servicer shall remain obligated and liable to the Owner for the servicing and administering of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements or arrangements or by virtue of indemnification from the subservicer sub-servicer for any acts and omissions and to the same extent and under the same terms and conditions as if the Servicer alone were servicing and administering the Mortgage Loans and any other transactions or services relating to the Mortgage Loans involving the sub-servicer shall be deemed to be between the sub-servicer and the Servicer alone and the Owner shall have no obligations, duties or liabilities with respect to the sub-servicer including no obligation, duty or liability of the Owner to pay sub-servicer's fees and expenses. For purposes of this Agreement, the Servicer shall be deemed to have received payments on Mortgage Loans when the subservicer sub-servicer has received such payments. The Servicer shall pay all fees and expenses of the subservicer sub-servicer from its own funds, the Servicing Fee or other amounts permitted to be retained by or reimbursed to the Servicer hereunder. Notwithstanding the foregoing, Servicer may in its sole judgment delegate specific servicing obligations to computer bureaus, credit bureaus, real estate tax service companies, real estate brokers or agents, attorneys, trustees, and others, provided Servicer remains responsible for all action taken or not taken by such companies, agents, representatives and others throughout the term of this Agreement.