Common use of Survival of Certain Provisions Clause in Contracts

Survival of Certain Provisions. Upon termination of the Agreement, (1) the rights and obligations of the parties under the Agreement shall survive until the applicable Transition Effective Dates, (2) Article 8 of the Agreement shall survive for any Losses indemnifiable thereunder that were incurred prior to the applicable Transition Effective Date until such time as any claim for indemnification under the Agreement with respect to such Losses is finally resolved, and (3) Article 9 of the Agreement, Section II (including the obligation of the Sellers to make any termination payment owed hereunder) shall survive termination of the Agreement. In addition, all rights of action arising from or related to the Agreement that accrue prior to such termination (or the applicable Transition Effective Date), and any remedies for such claims, both legal and equitable, will survive such termination. Annex B Annex B has been omitted in accordance with instruction 4 to Form 8-K. Annex B contains certain provisions relating to vendor management, including with respect to data security, business continuity plans, audit rights and compliance matters; confidentiality and information security matters, purchase price terms under the Purchase Agreement; recovery and resolution; and addresses of recipients of notices delivered pursuant to the Agreement.

Appears in 355 contracts

Samples: Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C6), Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C12), Servicing Agreement (WFRBS Commercial Mortgage Trust 2014-Lc14)

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Survival of Certain Provisions. Upon termination of the Agreement, (1) the rights and obligations of the parties under the Agreement shall survive until the applicable Transition Effective Dates, (2) Article 8 of the Agreement shall survive for any Losses indemnifiable thereunder that were incurred prior to the applicable Transition Effective Date until such time as any claim for indemnification under the Agreement with respect to such Losses is finally resolved, and (3) Article 9 of the Agreement, Section II (including the obligation of the Sellers to make any termination payment owed hereunder) shall survive termination of the Agreement. In addition, all rights of action arising from or related to the Agreement that accrue prior to such termination (or the applicable Transition Effective Date), and any remedies for such claims, both legal and equitable, will survive such termination. [Annex A to Servicing Agreement] Annex B Annex B has been omitted in accordance with instruction 4 to Form 8-K. Annex B contains certain provisions relating to vendor management, including with respect to data security, business continuity plans, audit rights and compliance matters; confidentiality and information security matters, purchase price terms under the Purchase Agreement; recovery and resolution; and addresses of recipients of notices delivered pursuant to the Agreement.

Appears in 10 contracts

Samples: Servicing Agreement (Sequoia Mortgage Trust 2013-3), Servicing Agreement (Sequoia Mortgage Trust 2013-4), Servicing Agreement (Sequoia Mortgage Trust 2012-6)

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Survival of Certain Provisions. Upon termination of the Agreement, (1) the rights and obligations of the parties under the Agreement shall survive until the applicable Transition Effective Dates, (2) Article 8 of the Agreement shall survive for any Losses indemnifiable thereunder that were incurred prior to the applicable Transition Effective Date until such time as any claim for indemnification under the Agreement with respect to such Losses is finally resolved, and (3) Article 9 of the Agreement, Section II (including the obligation of the Sellers to make any termination payment owed hereunder) shall survive termination of the Agreement. In addition, all rights of action arising from or related to the Agreement that accrue prior to such termination (or the applicable Transition Effective Date), and any remedies for such claims, both legal and equitable, will survive such termination. Annex B Annex B has been omitted in accordance with instruction 4 to Form 8-K. Annex B contains certain provisions relating to vendor management, including with respect to data security, business continuity plans, audit rights and compliance matters; confidentiality and information security matters, purchase price terms under the Purchase Agreement; recovery and resolution; and addresses of recipients of notices delivered pursuant to the Agreement.;

Appears in 1 contract

Samples: Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5)

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