Common use of ADDITIONAL COVENANTS OF THE SERVICER AND THE SUBSERVICER Clause in Contracts

ADDITIONAL COVENANTS OF THE SERVICER AND THE SUBSERVICER. 10 Section 6.1 Indemnification 10 Section 6.2 Procedure for Indemnification 11 Section 6.3 Merger or Consolidation of, or Assumption of the Obligations of the Subservicer 11 Section 6.4 Program Portfolios 12 Section 6.5 Subservicer Covenant 12 ARTICLE VII SERVICER TERMINATION 12 Section 7.1 Subservicer Termination 12 Section 7.2 Consequence of a Subservicer Termination or Resignation 12 Section 7.3 Agreement to Cooperate Upon Termination or Resignation of the Subservicer 13 Section 7.4 Termination 13 ARTICLE VIII CONFIDENTIALITY 13 Section 8.1 Xxx-Xxxxxxxxxx 00 Section 8.2 Servicer Intellectual Property 14 Section 8.3 Survival 15 ARTICLE IX SYSTEMS 15 Section 9.1 Designated Servicer Systems 15 Section 9.2 Telecommunications 15 Section 9.3 Technology Service Problems 16 Section 9.4 Disaster Recovery 16 Section 9.5 Information Security 17 ARTICLE X MISCELLANEOUS PROVISIONS 18 Section 10.1 Entire Agreement; Amendments 18 Section 10.2 Notices 18 Section 10.3 Headings and Cross References 18 Section 10.4 Audit Rights 18 Section 10.5 Governing Law, Submission to Jurisdiction, Etc. 18 Section 10.6 Counterparts 19 Section 10.7 Severability of Provisions; Construction 19 Section 10.8 No Third-Party Beneficiaries 20 Section 10.9 No Waiver; Cumulative Remedies 20 Section 10.10 Limitation of Liability 20 Section 10.11 Exhibits; Relationship of the Parties 20 SCHEDULE I FORM OF PROGRAM PORTFOLIO SCHEDULE EXHIBIT A FORM OF SERVICING FEE SCHEDULE ANNEX A DEFINITIONS AND USAGE This SERVICING AGREEMENT (this “Agreement”) is made as of July 15, 2016 (the “Effective Date”), between SANTANDER CONSUMER USA INC., an Illinois corporation (“SC”), as servicer (in such capacity, the “Servicer”), and SANTANDER CONSUMER INTERNATIONAL PUERTO RICO LLC, a Puerto Rico limited liability company (“SCI”), as subservicer (in such capacity, the “Subservicer”).