Common use of ASSIGNMENT OR DELEGATION OF DUTIES BY SPECIAL SERVICER Clause in Contracts

ASSIGNMENT OR DELEGATION OF DUTIES BY SPECIAL SERVICER. Except as expressly provided herein including Section 9.3, the Special Servicer shall not assign or transfer any of its rights, benefits or privileges hereunder to any other Person, or delegate to or subcontract with, or authorize or appoint any other Person to perform any of the duties, covenants or obligations to be performed by the Special Servicer hereunder; provided that the Special Servicer shall have the right without the prior written consent of the Trustee to delegate or assign to or subcontract with or authorize or appoint an Affiliate of the Special Servicer to perform and carry out any duties, covenants or obligations to be performed and carried out by the Special Servicer hereunder. In no case, however, shall any such delegation, subcontracting or assignment to an Affiliate of the Special Servicer relieve the Special Servicer of any responsibility, obligation or liability hereunder. Notice of such permitted assignment shall be given promptly by the Special Servicer to the Master Servicer and the Trustee, and any cost thereof shall be borne by the Special Servicer.

ASSIGNMENT OR DELEGATION OF DUTIES BY SPECIAL SERVICER. Except as expressly provided herein including Section 9.3, the Special Servicer shall not assign or transfer any of its rights, benefits or privileges hereunder to any other Person, or delegate to or subcontract with, or authorize or appoint any other Person to perform any of the duties, covenants or obligations to be performed by the Special Servicer hereunder; provided that the Special Servicer shall have the right right, subject to the following sentence, without the prior written consent of the Trustee Trustee, to delegate or assign to or subcontract with or authorize or appoint an Affiliate of the Special Servicer to perform and carry out any duties, covenants or obligations to be performed and carried out by the Special Servicer hereunder. In no case, however, shall any such delegation, subcontracting or assignment to an Affiliate of the Special Servicer [(i) be effective until Rating Agency Confirmation of such appointment has been obtained or (ii)] relieve the Special Servicer of any responsibility, obligation or liability hereunder. Notice of such permitted assignment shall be given promptly by the Special Servicer to the Master Servicer and the Trustee, and any cost thereof shall be borne by the Special Servicer.

ASSIGNMENT OR DELEGATION OF DUTIES BY SPECIAL SERVICER. Except as expressly provided herein including Section 9.3, the Special Servicer shall not assign or transfer any of its rights, benefits or privileges hereunder to any other Person, or delegate to or subcontract with, or authorize or appoint any other Person to perform any of the duties, covenants or obligations to be performed by the Special Servicer hereunder; provided that the Special Servicer shall have the right without the prior written consent of the Trustee to delegate or assign to or subcontract with or authorize or appoint an Affiliate of the Special Servicer to perform and carry out any duties, covenants or obligations to be performed and carried out by the Special Servicer hereunder. In no case, however, shall any such delegation, subcontracting or assignment to an Affiliate of the Special Servicer relieve the Special Servicer of any responsibility, obligation or liability hereunder. Notice of such permitted assignment shall be given promptly by the Special Servicer to the Master Servicer and the Trustee, and any cost thereof shall be borne by the Special Servicer.. 168 178

ASSIGNMENT OR DELEGATION OF DUTIES BY SPECIAL SERVICER. Except as expressly provided herein including Section 9.3, the Special Servicer shall not assign or transfer any of its rights, benefits or privileges hereunder to any other Person, or delegate to or subcontract with, or authorize or appoint any other Person to perform any of the duties, covenants or obligations to be performed by the Special Servicer hereunder; provided that the Special Servicer shall have the right without the prior written consent of the Trustee to delegate or assign to or subcontract with or authorize or appoint an Affiliate of the Special Servicer to perform and carry out any duties, covenants or obligations to be performed and carried out by the Special Servicer hereunder. In no case, however, shall any such delegation, subcontracting or assignment to an Affiliate of the Special Servicer relieve the Special Servicer of any responsibility, obligation or liability hereunder. Notice of such permitted assignment shall be given promptly by the Special Servicer to the Master Servicer and the Trustee, and any cost thereof shall be borne by the Special Servicer.