Common use of Additional Indemnification by the Seller Clause in Contracts

Additional Indemnification by the Seller. (a) In addition to the indemnification provided in Subsection 7.03 of the Agreement, the Seller shall indemnify the Purchaser and hold the Purchaser harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related to the failure of the Seller to perform its obligations under this Agreement, including but not limited to its obligation to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution Agreement entered into pursuant to Section 12, unless such failure is due to the Purchaser's willful misconduct or gross negligence. (b) The Seller shall indemnify and hold harmless the Master Servicer and its officers, directors, agents and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach by the Seller or any of its officers, directors, agents or affiliates of its obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the negligence, bad faith or willful misconduct of the Seller in connection therewith. If the indemnification provided for herein is unavailable or insufficient to hold harmless the Master Servicer, then the Seller agrees that it shall contribute to the amount paid or payable by the Master Servicer as a result of the losses, claims, damages or liabilities of the Master Servicer in such proportion as is appropriate to reflect the relative fault of the Master Servicer on the one hand and the Seller on the other in connection with a breach of the Servicer's obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the Seller's negligence, bad faith or willful misconduct in connection therewith."

Additional Indemnification by the Seller. (a) In addition to the indemnification provided in Subsection 7.03 of the Agreement7.03, the Seller shall indemnify the Purchaser and hold the Purchaser harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related to the failure of the Seller to perform its obligations under this Agreement, including but not limited to its obligation to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution reconstitution Agreement entered into pursuant purchase to Section 12, unless such failure is due to the Purchaser's willful misconduct or gross negligence. (b) The Seller shall indemnify and hold harmless the Master Servicer and its officers, directors, agents and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach by the Seller or any of its officers, directors, agents or affiliates of its obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 131, 2007 2006 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the negligence, bad faith or willful misconduct of the Seller in connection therewith. If the indemnification provided for herein is unavailable or insufficient to hold harmless the Master Servicer, then the Seller agrees that it shall contribute to the amount paid or payable by the Master Servicer as a result of the losses, claims, damages or liabilities of the Master Servicer in such proportion as is appropriate to reflect the relative fault of the Master Servicer on the one hand and the Seller on the other in connection with a breach of the Servicer's obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 131, 2007 2006 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the Seller's negligence, bad faith or willful misconduct in connection therewith."

Additional Indemnification by the Seller. (a) In addition to the indemnification provided in Subsection 7.03 of the AgreementThe Servicer shall indemnify Xxxxxx Brothers Holdings Inc., the Seller shall indemnify Trust Fund, the Purchaser Trustee, the Depositor and the Master Servicer and hold the Purchaser each of them harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser any of such parties may sustain in any way related to the failure of the Seller Servicer to perform its obligations under duties and service the Mortgage Loans in strict compliance with the terms of this AgreementAgreement (including, including but not limited to its obligation to provide the certification pursuant to Section 7.05(b) hereunder) or for any inaccurate or misleading information provided in the certification required pursuant to Section 7.05(b). The Servicer immediately shall notify Xxxxxx Brothers Holdings Inc., the Master Servicer and the Trustee or any other relevant party if a claim is made by a third party with respect to this Agreement or the Mortgage Loans, assume (with the prior written consent of the indemnified party, which consent shall not be unreasonably withheld or delayed) the defense of any such claim and pay all expenses in connection therewith, including counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against it or any of such parties in respect of such claim. The Servicer shall follow any written instructions received from the Master Servcer or the Trustee in connection with such claim. The Servicer shall provide the Trustee (with a copy to the Master Servicer) with a written report of all expenses and advances incurred by the Servicer pursuant to this Section 8.04, and the Trustee (after consultation with the Master Servicer) from the assets of the Trust Fund promptly shall reimburse the Servicer for all amounts advanced by it pursuant to the preceding sentence except when the claim in any way relates to the failure of the Servicer to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution Agreement entered into pursuant to Section 12, unless such failure is due to the Purchaser's willful misconduct or gross negligence. (b) The Seller shall indemnify and hold harmless the Master Servicer and its officers, directors, agents and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach by the Seller or any of its officers, directors, agents or affiliates of its obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the negligence, bad faith or willful misconduct of this Servicer. Section 10.01 (Events of Default) is hereby amended by (i) changing any reference to “Purchaser” to “Master Servicer” and (ii) replacing the Seller last paragraph thereof with the following: Upon receipt by the Servicer of such written notice, all authority and power of the Servicer under this Agreement, whether with respect to the Mortgage Loans or otherwise, shall pass to and be vested in connection therewith. If a successor Servicer appointed by the indemnification provided for herein is unavailable or insufficient to hold harmless Xxxxxx Brothers Holdings Inc. and the Master Servicer. Upon written request from the Seller, then the Servicer shall prepare, execute and deliver to the successor entity designated by the Seller agrees that it shall contribute any and all documents and other instruments, place in such successor’s possession all Servicing Files, and do or cause to be done all other acts or things necessary or appropriate to effect the purposes of such notice of termination, including but not limited to the amount paid transfer and endorsement or payable by assignment of the Mortgage Loans and related documents, at the Servicer’s sole expense. The Servicer shall cooperate with Xxxxxx Brothers Holdings Inc. and the Master Servicer as a result of and such successor in effecting the losses, claims, damages or liabilities of the Master Servicer in such proportion as is appropriate to reflect the relative fault of the Master Servicer on the one hand and the Seller on the other in connection with a breach termination of the Servicer's obligations under Attachment 6 ’s responsibilities and rights hereunder, including without limitation, the transfer to such successor for administration by it of all cash amounts which shall at the time be credited by the Servicer to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Custodial Account or Escrow Account or thereafter received with respect to the Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the Seller's negligence, bad faith or willful misconduct in connection therewithLoans."

Additional Indemnification by the Seller. (a) In addition to the indemnification provided in Subsection 7.03 of the AgreementThe Servicer shall indemnify Xxxxxx Brothers Holdings Inc., the Seller shall indemnify Trust Fund, the Purchaser Trustee, the Depositor and the Master Servicer and hold the Purchaser each of them harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser any of such parties may sustain in any way related to the failure of the Seller Servicer to perform its obligations under duties and service the Mortgage Loans in strict compliance with the terms of this Agreement. The Servicer immediately shall notify Xxxxxx Brothers Holdings Inc., the Master Servicer and the Trustee or any other relevant party if a claim is made by a third party with respect to this Agreement or the Mortgage Loans, assume (with the prior written consent of the indemnified party, which consent shall not be unreasonably withheld or delayed) the defense of any such claim and pay all expenses in connection therewith, including but not limited counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against it or any of such parties in respect of such claim. The Servicer shall follow any written instructions received from the Master Servicer or the Trustee in connection with such claim. The Servicer shall provide the Trustee (with a copy to its obligation the Master Servicer) with a written report of all expenses and advances incurred by the Servicer pursuant to this Section 8.05, and the Trustee from the assets of the Trust Fund promptly shall reimburse the Servicer for all amounts advanced by it pursuant to the preceding sentence except when the claim in any way related to the failure of the Servicer to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution Agreement entered into pursuant to Section 12, unless such failure is due to the Purchaser's willful misconduct or gross negligence. (b) The Seller shall indemnify and hold harmless the Master Servicer and its officers, directors, agents and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach by the Seller or any of its officers, directors, agents or affiliates of its obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the negligence, bad faith or willful misconduct of the Seller in connection therewith. If the indemnification provided for herein this Servicer. Section 10.01 (Events of Default) is unavailable or insufficient hereby amended by: (a) changing any reference to hold harmless the “Purchaser” to “Master Servicer”; (b) amending and restating clause (vii) in its entirety to read as follows: “the Servicer at any time is not either a Xxxxxx Xxx or Xxxxxxx Mac approved seller/servicer, then the Seller agrees that it shall contribute to the amount paid or payable by and the Master Servicer as a result has not terminated the rights and obligations of the losses, claims, damages Servicer under this Agreement and replaced the Servicer with a Xxxxxx Mae or liabilities Xxxxxxx Mac approved servicer within 30 days of the Master Servicer absence of such approval”; and, (c) adding the words “within the applicable cure period” after the word “remedied” in such proportion as is appropriate to reflect the relative fault second line of the Master Servicer on second paragraph; and (d) deleting the one hand word “or” at the end of subclause (ix); (e) adding subclauses (xi) and the Seller on the other in connection with a breach of the Servicer's obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated (xii) as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the Seller's negligence, bad faith or willful misconduct in connection therewith."follows:

Additional Indemnification by the Seller. (a) In addition to the indemnification provided in Subsection 7.03 of the Agreement7.03, the Seller shall indemnify the Purchaser and hold the Purchaser harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related to the failure of the Seller to perform its obligations under this Agreement, including but not limited to its obligation to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution reconstitution Agreement entered into pursuant purchase to Section 12, unless such failure is due to the Purchaser's willful misconduct or gross negligence. (b) The Seller shall indemnify and hold harmless the Master Servicer and its officers, directors, agents and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach by the Seller or any of its officers, directors, agents or affiliates of its obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller Exhibit 10 hereto or the negligence, bad faith or willful misconduct of the Seller in connection therewith. If the indemnification provided for herein is unavailable or insufficient to hold harmless the Master Servicer, then the Seller agrees that it shall contribute to the amount paid or payable by the Master Servicer as a result of the losses, claims, damages or liabilities of the Master Servicer in such proportion as is appropriate to reflect the relative fault of the Master Servicer on the one hand and the Seller on the other in connection with a breach of the Servicer's obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller Exhibit 10 hereto or the Seller's negligence, bad faith or willful misconduct in connection therewith."

Additional Indemnification by the Seller. (a) In addition to the indemnification provided in Subsection 7.03 of the Agreement, the Seller shall indemnify the Purchaser and hold the Purchaser harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related to the failure of the Seller to perform its obligations under this Agreement, including but not limited to its obligation to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution Agreement entered into pursuant to Section 12, unless such failure is due to the Purchaser's willful misconduct or gross negligence. (b) The Seller shall indemnify and hold harmless the Master Servicer and its officers, directors, agents and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach by the Seller or any of its officers, directors, agents or affiliates of its obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March January 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the negligence, bad faith or willful misconduct of the Seller in connection therewith. If the indemnification provided for herein is unavailable or insufficient to hold harmless the Master Servicer, then the Seller agrees that it shall contribute to the amount paid or payable by the Master Servicer as a result of the losses, claims, damages or liabilities of the Master Servicer in such proportion as is appropriate to reflect the relative fault of the Master Servicer on the one hand and the Seller on the other in connection with a breach of the Servicer's obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the Seller's negligence, bad faith or willful misconduct in connection therewith."in

Additional Indemnification by the Seller. (a) In addition to the indemnification provided in Subsection 7.03 of the Agreement7.03, the Seller shall indemnify the Purchaser and hold the Purchaser harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees (including all legal fees incurred with connection with the enforcement of the Seller's indemnification obligation under this Subsection 13.01) and related costs, judgments, and any other costs, fees and expenses that the Purchaser or Successor Servicer may sustain in any way related to (a) the failure of the Seller to perform its obligations under this Agreement, including but not limited to its obligation (b) any breach of any of Seller's representations, warranties or covenants set forth in this Agreement, (c) the failure of the Seller to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution Agreement entered into pursuant to Section 12. The Seller immediately shall notify the Purchaser if a claim is made by a third party with respect to this Agreement or any Reconstitution Agreement or the Mortgage Loans, unless assume (with the prior written consent of the Purchaser) the defense of any such failure is due claim and pay all expenses in connection therewith, including counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against it or the Purchaser in respect of such claim. The Purchaser promptly shall reimburse the Seller for all amounts advanced by it pursuant to the Purchaser's willful misconduct or gross negligence. (b) The Seller shall indemnify and hold harmless preceding sentence, except when the Master Servicer and its officers, directors, agents and affiliates from and against claim is in any losses, damages, penalties, fines, forfeitures, reasonable legal fees and way related costs, judgments and other costs and expenses arising out of or based upon a breach by the Seller or any of its officers, directors, agents or affiliates of its obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller Seller's indemnification pursuant to Section 7 or the negligencefirst sentence of this Subsection 13.01, bad faith or willful misconduct is in any way related to the failure of the Seller to service and administer the Mortgage Loans in connection therewith. If strict compliance with the indemnification provided for herein is unavailable terms of this Agreement or insufficient to hold harmless the Master Servicer, then the Seller agrees that it shall contribute to the amount paid or payable by the Master Servicer as a result of the losses, claims, damages or liabilities of the Master Servicer in such proportion as is appropriate to reflect the relative fault of the Master Servicer on the one hand and the Seller on the other in connection with a breach of the Servicer's obligations under Attachment 6 to the Assignment, Assumption and Recognition any Reconstitution Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the Seller's negligence, bad faith or willful misconduct in connection therewith."

Additional Indemnification by the Seller. (a) In addition to the indemnification provided in Subsection 7.03 of the Agreement7.03, the Seller shall indemnify the Purchaser and hold the Purchaser harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related to the failure of the Seller to perform its obligations under this Agreement, Agreement including but not limited to its obligation to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution Agreement entered into pursuant to Section 12, unless such failure is due to the Purchaser's willful misconduct or gross negligence. (b) . The Seller shall indemnify notify the Purchaser if a claim is made by a third party with respect to this Agreement or the Mortgage Loans, assume (with the prior written consent of the Purchaser) the defense of any such claim and hold harmless pay all expenses in connection therewith, including counsel fees, and to the Master Servicer extent Seller assumed such claim promptly pay, discharge and its officers, directors, agents and affiliates from and satisfy any judgment or decree which may be entered against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments and other costs and expenses arising out it or the Purchaser in respect of or based upon a breach by such claim. The Purchaser promptly shall reimburse the Seller or any of its officers, directors, agents or affiliates of its obligations under Attachment 6 for all amounts advanced by it pursuant to the Assignmentpreceding sentence, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and except when the Seller claim is in any way related to the Seller's indemnification pursuant to Section 7 or the negligencefirst sentence of this Subsection 13.01, bad faith or willful misconduct is in any way related to the failure of the Seller to service and administer the Mortgage Loans in connection therewith. If strict compliance with the indemnification provided for herein is unavailable terms of this Agreement or insufficient to hold harmless the Master Servicer, then the Seller agrees that it shall contribute to the amount paid or payable by the Master Servicer as a result of the losses, claims, damages or liabilities of the Master Servicer in such proportion as is appropriate to reflect the relative fault of the Master Servicer on the one hand and the Seller on the other in connection with a breach of the Servicer's obligations under Attachment 6 to the Assignment, Assumption and Recognition any Reconstitution Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the Seller's negligence, bad faith or willful misconduct in connection therewith."

Additional Indemnification by the Seller. (a) In addition to the indemnification provided in Subsection 7.03 of the AgreementThe Servicer shall indemnify Lehman Brothers Holdings Inc., the Seller shall indemnify Trust Fund, thx Xxxxtee, the Purchaser Depositor and the Master Servicer and hold the Purchaser each of them harmless against any and all claims, losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser any of such parties may sustain in any way related to the failure of the Seller Servicer to perform its obligations under duties and service the Mortgage Loans in strict compliance with the terms of this AgreementAgreement (including, including but not limited to its obligation to provide the certification pursuant to Section 7.05(b) hereunder) or for any inaccurate or misleading information provided in the certification required pursuant to Section 7.05(b). The Servicer immediately shall notify Lehman Brothers Holdings Inc., the Master Servicex xxx the Trustee or any other relevant party if a claim is made by a third party with respect to this Agreement or the Mortgage Loans, assume (with the prior written consent of the indemnified party, which consent shall not be unreasonably withheld or delayed) the defense of any such claim and pay all expenses in connection therewith, including counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against it or any of such parties in respect of such claim. The Servicer shall follow any written instructions received from the Master Servicer or the Trustee in connection with such claim. The Servicer shall provide the Trustee (with a copy to the Master Servicer) with a written report of all expenses and advances incurred by the Servicer pursuant to this Section 8.05, and the Trustee from the assets of the Trust Fund promptly shall reimburse the Servicer for all amounts advanced by it pursuant to the preceding sentence except when the claim in any way relates to the failure of the Servicer to service and administer the Mortgage Loans in strict compliance with the terms of this Agreement or any Reconstitution Agreement entered into pursuant to Section 12, unless such failure is due to the Purchaser's willful misconduct or gross negligence. (b) The Seller shall indemnify and hold harmless the Master Servicer and its officers, directors, agents and affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach by the Seller or any of its officers, directors, agents or affiliates of its obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc., and the Seller or the negligence, bad faith or willful misconduct of the Seller in connection therewith. If the indemnification provided for herein this Servicer. Section 10.01 (Events of Default) is unavailable or insufficient hereby amended by: (a) changing any reference to hold harmless the "Purchaser" to "Master Servicer, then "; (b) amending and restating clause (vii) in its entirety to read as follows: "the Seller agrees that it shall contribute to the amount paid Servicer at any time is not either a Fannie Mae or payable by the Master Servicer as a result of the losses, claims, damages or liabilities of the Master Servicer in such proportion as is appropriate to reflect the relative fault of the Master Servicer on the one hand and the Seller on the other in connection with a breach of the Servicer's obligations under Attachment 6 to the Assignment, Assumption and Recognition Agreement, dated as of March 1, 2007 among Xxxxxxx Xxxxx Mortgage Lending, Inc., Xxxxxxx Xxxxx Mortgage Investors, Inc.Freddie Mac approved sellex/xxxxixxx, and the Seller Xaster Servicer has not terminated the rights and obligations of the Servicer under this Agreement and replaced the Servicer with a Fannie Mae or Freddie Mac approved servixxx xxtxxx 30 xxxx xx the Seller's negligence, bad faith or willful misconduct absence of such approval"; and, (c) adding the words "within the applicable cure period" after the word "remedied" in connection therewiththe second line of the second paragraph."