Common use of Appointment and Representations and Warranties of Backup Servicer Clause in Contracts

Appointment and Representations and Warranties of Backup Servicer. Within 60 days of the occurrence of a Backup Servicer Appointment Event, Mechanics Bank shall appoint an entity to be the Backup Servicer hereunder, which appointment shall be subject to satisfaction of the Rating Agency Condition. Upon such appointment, such Backup Servicer will become party to this Agreement by executing a joinder hereto, and will assume the duties of, and otherwise act as, the Backup Servicer in accordance with the terms hereof, such duties set forth on Exhibit E. Effective as of the Backup Servicer Appointment Date, such Backup Servicer further makes the following representations and warranties upon which Mechanics Bank is deemed to have relied in appointing the Backup Servicer: