Common use of Liability of the Master Servicer Clause in Contracts

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements or by virtue of indemnification from any Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan Loan(s) in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements or by virtue of indemnification from any Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion LoanLoans. The Master Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Trust Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Trust Loans) and the Serviced Companion Loan. The Master Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders Certificateholders, the Uncertificated VRR Interest Owner and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements or by virtue of indemnification from any Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementSubservicing Agreement, any of the provisions of this Servicing Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (a Subservicer or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer a Subservicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Trustee, Indenture Trustee and the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder Bondholders for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Servicing Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Subservicing Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Subservicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced related Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Subservicer or other Person and nothing contained in this Servicing Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Servicing Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit have received any payment on a Mortgage Loan on the date the Subservicer received such payment; provided, however, that this sentence shall not apply to the Indenture Trustee as the successor Master Servicer; provided, further, however, that the foregoing provision shall not affect the obligation of the Master Servicer if it is also the Indenture Trustee to advance amounts which are not Nonrecoverable Advances. Any Subservicing Agreement that may be entered into and any transactions or modify this Agreementservices relating to the Mortgage Loans involving a Subservicer in its capacity as such and not as an originator shall be deemed to be between the Subservicer and the Master Servicer alone, and the Indenture Trustee and the Bondholders shall not be deemed parties thereto and shall have no claims, rights, obligations, duties or liabilities with respect to the Subservicer except as set forth in Section 3.05.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than with respect to the Outside primary servicing of any Non-Serviced Mortgage Loans) and the Serviced Companion Loan Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than with respect to the Outside primary servicing of any Non-Serviced Mortgage Loans) and the Serviced Companion LoanLoans. The Master Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion LoanLoans. The Master Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion LoanLoans. The Master Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders Certificateholders, the Uncertificated VRR Interest Owner and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan Loan(s) in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements or by virtue of indemnification from any Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion LoanLoans. The Master Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Subsub-Servicing Agreement or primary servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Subsub-Servicer servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Subsub-Servicer servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Subsub-Servicing Agreements, primary servicing agreements or arrangements or by virtue of indemnification from any Person acting as Subsub-Servicer servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion LoanLoans. The Master Servicer shall be entitled to enter into an agreement with any Subsub-Servicer servicer providing for indemnification of the Master Servicer by such Subsub-Servicerservicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Subsub-Servicing Agreement or primary servicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Subsub-Servicer servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Subsub-Servicer servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Subsub-Servicing Agreements, primary servicing agreements or arrangements or by virtue of indemnification from any Person acting as Subsub-Servicer servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion LoanLoans. The Master Servicer shall be entitled to enter into an agreement with any Subsub-Servicer servicer providing for indemnification of the Master Servicer by such Subsub-Servicerservicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as the Sub-Servicer (or its agents or subcontractors) and to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than Loans. Notwithstanding the Outside foregoing, with respect to the Special Sub-Servicing Agreement, the Special Sub-Servicer shall be primarily obligated and liable to the Trustee and the Certificateholders for the servicing and administering of the Specially Serviced Mortgage Loans) Loans and the Serviced Companion LoanMaster Servicer shall xxxx no responsibility or liability therefor. The Master Servicer shall be entitled to enter into an any agreement with any a Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementSubservicing Agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) a Subservicer or any other agent or independent contractor or reference to actions taken through any Person acting as Sub-Servicer a Subservicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Subservicing Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Subservicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced related Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Subservicer or other Person and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a Mortgage Loan on the date the Subservicer received such payment; PROVIDED, HOWEVER, that this Agreementsentence shall not apply to the Trustee acting as the Master Servicer; PROVIDED, FURTHER, however, that the foregoing provision shall not affect the obligation of the Master Servicer if it is also the Trustee to advance amounts which are not Nonrecoverable Advances.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as the Sub-Servicer (or its agents or subcontractors) and to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than Loans. Notwithstanding the Outside foregoing, the Special Servicing Agreement shall require that the Special Servicer be primarily obligated and liable to the Trustee and the Certificateholders for the servicing and administering of the Specially Serviced Mortgage Loans) Loans and the Serviced Companion LoanMaster Servicer shall have no responsibility or liability therefor. The Master Servicer shall be entitled to enter into an any agreement with any a Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Sub- Servicing Agreements, primary servicing agreements or arrangements Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Servicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced related Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, or other Person and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a Mortgage Loan on the date the Sub-Servicer received such payment; provided, however, that this Agreementsentence shall not apply to the Trustee acting as the Master Servicer; provided, further, however, that the foregoing provision shall not affect the obligation of the Master Servicer if it is also the Trustee to advance amounts which are not Nonrecoverable Advances.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as the Sub-Servicer (or its agents or subcontractors) and to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than Loans. Notwithstanding the Outside foregoing, with respect to the Special Sub-Servicing Agreement, the Special Sub-Servicer shall be primarily obligated and liable to the Trustee and the Certificateholders for the servicing and administering of the Specially Serviced Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall be entitled to enter into an any agreement with any a Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Servicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced related Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, or other Person and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a Mortgage Loan on the date the Sub-Servicer received such payment; provided, however, that this Agreementsentence shall not apply to the Trustee acting as the Master Servicer; provided, further, however, that the foregoing provision shall not affect the obligation of the Master Servicer if it is also the Trustee to advance amounts which are not Nonrecoverable Advances.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing subservicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer or Special Servicer and any Person acting as Sub-Servicer subservicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer subservicer or otherwise, the Master Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Trustee and Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing subservicing agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as Sub-Servicer subservicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer or Special Servicer, as applicable, alone was were servicing and administering the Mortgage Loans (other than Loans. Each of the Outside Serviced Mortgage Loans) Master Servicer and the Serviced Companion Loan. The Master Special Servicer shall be entitled to enter into an agreement with any Sub-Servicer subservicer providing for indemnification of the Master Servicer or Special Servicer, as applicable, by such Sub-Servicersubservicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementSubservicing Agreement, any of the provisions of this Servicing Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (a Subservicer or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer a Subservicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Indenture Trustee, the Certificate Administrator, Noteholders and the Certificateholders and any Serviced Companion Loan Holder Note Insurer for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Servicing Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Subservicing Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Subservicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced related Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Subservicer or other Person and nothing contained in this Servicing Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Servicing Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a Mortgage Loan on the date the Subservicer received such payment; provided, however, that this Agreementsentence shall not apply to the Indenture Trustee acting as the Master Servicer; provided, further, however, that the foregoing provision shall not affect the obligation of the Master Servicer if it is also the Indenture Trustee to advance amounts which are not Nonrecoverable Advances.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Servicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced related Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, or other Person and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a Mortgage Loan on the date the Sub-Servicer received such payment; PROVIDED, however, that this Agreementsentence shall not apply to the Trustee acting as the Master Servicer; PROVIDED, FURTHER, HOWEVER, that the foregoing provision shall not affect the obligations of the Master Servicer if it is also the Trustee to advance amounts which are not Nonrecoverable Advances.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementSubservicing Agreement, any of the provisions of this Servicing Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (a Subservicer or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer a Subservicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Trustee, Indenture Trustee and the Certificate Administrator, the Certificateholders and any Serviced Companion Loan Holder Noteholders for the servicing and administering of the Mortgage Home Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Servicing Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Subservicing Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Subservicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage related Home Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Subservicer or other Person and nothing contained in this Servicing Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Servicing Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a Home Loan on the date the Subservicer received such payment; PROVIDED, HOWEVER, that this Agreementsentence shall not apply to the Indenture Trustee acting as the Master Servicer; PROVIDED, FURTHER, however, that the foregoing provision shall not affect the obligation of the Master Servicer if it is also the Indenture Trustee to advance amounts which are not Nonrecoverable Advances.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Indenture Trustee, the Certificate Administrator, Noteholders and the Certificateholders and any Serviced Companion Loan Holder Insurers for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as the Sub-Servicer (or its agents or subcontractors) and to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall be entitled to enter into an any agreement with any a Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. SECTION 5.09. No Contractual Relationship Between Sub-Servicers and the Insurers, but no the Indenture Trustee or Noteholders. Any Sub-Servicing Agreement that may be entered into and any transactions or services relating to the Mortgage Loans involving a Sub-Servicer in its capacity as such agreement for indemnification shall be deemed to limit be between the Sub-Servicer and the Master Servicer alone, and the Insurers, the Indenture Trustee and Noteholders shall not be deemed parties thereto and shall have no claims, rights, obligations, duties or modify liabilities with respect to the Sub-Servicer except as set forth in Section 5.10. The Master Servicer shall be solely liable for all fees owed by it to any Sub-Servicer, irrespective of whether the Master Servicer's compensation pursuant to this AgreementAgreement is sufficient to pay such fees.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Servicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced related Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, or other Person and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a Mortgage Loan on the date the Sub-Servicer received such payment; provided, however, that this Agreementsentence shall not apply to the Trustee acting as the Master Servicer; provided, further, however, that the foregoing provision shall not affect the obligations of the Master Servicer if it is also the Trustee to advance amounts which are not Nonrecoverable Advances.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer or Special Servicer and any Person acting as Subsub-Servicer servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Subsub-Servicer servicer or otherwise, the Master Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee, Trustee (on behalf of the Certificate AdministratorCertificateholders), the Certificateholders and any and, with respect to the Serviced Whole Loans, the Serviced Companion Loan Holder Noteholders, for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Subsub-Servicing Agreements, primary servicing agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as Subsub-Servicer servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer or Special Servicer, as applicable, alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion LoanLoans. The Each of the Master Servicer and the Special Servicer shall be entitled to enter into an agreement with any Subsub-Servicer servicer providing for indemnification of the Master Servicer or Special Servicer, as applicable, by such Subsub-Servicerservicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Sub- Servicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced related Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, or other Person and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a Mortgage Loan on the date the Sub-Servicer received such payment; PROVIDED, HOWEVER, that this Agreementsentence shall not apply to the Trustee acting as the Master Servicer; PROVIDED, FURTHER, HOWEVER, that the foregoing provision shall not affect the obligation of the Master Servicer if it is also the Trustee to advance amounts which are not Nonrecoverable Advances.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementSubservicing Agreement, any of the provisions of this Servicing Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as Sub-Servicer (a Subservicer or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer a Subservicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Indenture Trustee, the Certificate Administrator, Bondholders and the Certificateholders and any Serviced Companion Loan Holder Bond Insurer for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with this Servicing Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Subservicing Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Subservicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced related Mortgage Loans) and the Serviced Companion Loan. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Subservicer or other Person and nothing contained in this Servicing Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Servicing Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a Mortgage Loan on the date the Subservicer received such payment; provided, however, that this Agreementsentence shall not apply to the Indenture Trustee as the successor Master Servicer; provided, further, however, that the foregoing provision shall not affect the obligation of the Master Servicer if it is also the Indenture Trustee to advance amounts which are not Nonrecoverable Advances.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as the Sub-Servicer (or its agents or subcontractors) and to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than Loans. Notwithstanding the Outside foregoing, with respect to the Special Sub-Servicing Agreement, the Master Servicer shall confirm that the Special Sub-Servicer shall be primarily obligated and liable to the Trustee and the Certificateholders for the servicing and administering of the Specially Serviced Mortgage Loans) Loans and the Serviced Companion LoanMaster Servicer shall nave no responsibility or liaxxxxty therefor. The Master Servicer shall be entitled to enter into an any agreement with any a Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as or a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, the Trustee and Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan any REO Property in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as the Sub-Servicer (or its agents or subcontractors) and to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans. For purposes of making distributions to Certificateholders all amounts received by a Sub-Servicer in connection with the Mortgage Loans (other than shall be deemed to have been received by the Outside Serviced Mortgage Loans) Master Servicer, and with respect to any successor Master Servicer from the Serviced Companion Loantime such successor Master Servicer becomes the Master Servicer, whether or not such amounts are actually remitted by the Sub-Servicer to the Master Servicer. The Master Servicer shall be entitled to enter into an any agreement with any a Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer or Special Servicer and any Person acting as Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as Sub-Servicer or otherwise, the Master Servicer or Special Servicer, as applicable, shall remain obligated and primarily liable to the Trustee, Trustee (on behalf of the Certificate AdministratorCertificateholders), the Certificateholders and any Serviced Companion and, with respect to the Loan Holder Combination, the [_____] B Loan Noteholder, for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion [_____] B Loan in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from the Depositor or any other Person acting as Sub-Servicer (or its agents or subcontractors) to the same extent and under the same terms and conditions as if the Master Servicer or Special Servicer, as applicable, alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion [_____] B Loan. The Each of the Master Servicer and the Special Servicer shall be entitled to enter into an agreement with any Sub-Servicer providing for indemnification of the Master Servicer or Special Servicer, as applicable, by such Sub-Servicer, and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loan in accordance with the provisions of this Agreement Section 3.01 without diminution of such obligation or liability by virtue of such Sub-Servicing Agreements, primary servicing agreements Agreements or arrangements or by virtue of indemnification from any Person acting as the Sub-Servicer (or its agents or subcontractors) and to the same extent and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than Loans. Notwithstanding the Outside foregoing, with respect to the Special Sub-Servicing Agreement, the Master Servicer shall confirm that the Special Sub-Servicer shall be primarily obligated and liable to the Trustee and the Certificateholders for the servicing and administering of the Specially Serviced Mortgage Loans) Loans and the Serviced Companion LoanMaster Servicer shall have no responsibility or liability therefor. The Master Servicer shall be entitled to enter into an any agreement with any Sub-a Sub- Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, Servicer and nothing contained in this Agreement shall be deemed to limit or modify such indemnification, but no such agreement for indemnification shall be deemed to limit or modify this Agreement.

Liability of the Master Servicer. (a) Notwithstanding any Sub-Servicing Agreement or primary servicing agreementAgreement, any of the provisions of this Agreement relating to agreements or arrangements between the Master Servicer and any Person acting as a Sub-Servicer (or its agents or subcontractors) or any reference to actions taken through any Person acting as a Sub-Servicer or otherwise, the Master Servicer shall under all circumstances remain obligated and primarily liable to the Trustee, the Certificate Administrator, Trustee and the Certificateholders and any Serviced Companion Loan Holder for the servicing and administering of the Mortgage Loans (other than the Outside Serviced Mortgage Loans) XXXx and the Serviced Companion Loan any REO Property in accordance with this Agreement. The obligations and liability of the provisions of this Agreement without diminution of such obligation or liability Master Servicer shall not be diminished by virtue of such Sub-Servicing Agreements, primary servicing agreements or arrangements Agreements or by virtue of indemnification from of the Master Servicer by any Person acting as Sub-Servicer, or any other Person. The obligations and liability of the Master Servicer (or its agents or subcontractors) to shall remain of the same extent nature and under the same terms and conditions as if the Master Servicer alone was were servicing and administering the Mortgage Loans (other than the Outside Serviced Mortgage Loans) and the Serviced Companion Loanrelated XXXx. The Master Servicer shall shall, however, be entitled to enter into an agreement indemnification agreements with any Sub-Servicer providing for indemnification of the Master Servicer by such Sub-Servicer, or other Person and nothing contained in this Agreement shall be deemed to limit or modify such indemnification. For the purposes of this Agreement, but no such agreement for indemnification the Master Servicer shall be deemed to limit or modify have received any payment on a XXX on the date the Sub-Servicer received such payment; provided, however, that this Agreementsentence shall not apply to the Trustee acting as the Master Servicer; provided, further, however, that the foregoing provision shall not affect the obligation of the Master Servicer if it is also the Trustee to advance amounts which are not Nonrecoverable Advances.