Common use of Available Information and Notices Clause in Contracts

Available Information and Notices. Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency and the Indenture Trustee (in written or electronic format) annual reports of each Mortgagor with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor and actually received by the Master Servicer, or any Special Servicer on its behalf, with respect to Specially Serviced Mortgage Loans, to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency and the Indenture Trustee (in written or electronic format) all rent rolls and sales reports with respect to Specially Serviced Mortgage Loans, to the extent they are delivered by the related Mortgagor to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency and the Indenture Trustee if it obtains knowledge of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage Loan. In addition to the other reports and information made available and distributed pursuant to other provisions of this Agreement, the Master Servicer and any Special Servicer shall, in accordance with such reasonable rules and procedures as it may adopt, also make available any information relating to the Multifamily Loans and the related Mortgaged Properties or the related Mortgagors for review by the Depositor, the Rating Agencies and the Indenture Trustee. The Master Servicer and any Special Servicer acting on its behalf, as the case may be, will also make such information available to any Person that is a Bondholder or potential Bondholder.

Available Information and Notices. Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency Agency, the Bond Insurer and the Indenture Trustee (in written or electronic format) annual reports of each Mortgagor with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor and actually received by the Master Servicer, or any Special Servicer on its behalf, with respect to Specially Serviced Mortgage Loans, to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency Agency, the Bond Insurer and the Indenture Trustee (in written or electronic format) all rent rolls and sales reports with respect to Specially Serviced Mortgage Loans, to the extent they are delivered by the related Mortgagor to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency Agency, the Bond Insurer and the Indenture Trustee if it obtains knowledge of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage Loan. In addition to the other reports and information made available and distributed pursuant to other provisions of this Agreement, the Master Servicer and any Special Servicer shall, in accordance with such reasonable rules and procedures as it may adopt, also make available any information relating to the Multifamily Loans and the related Mortgaged Properties or the related Mortgagors for review by the Bond Insurer, the Depositor, the Rating Agencies and the Indenture Trustee. The Master Servicer and any Special Servicer acting on its behalf, as the case may be, will also make such information available to any Person that is a Bondholder or potential Bondholder.

Available Information and Notices. Upon request, The Servicer or the Master Special Servicer, or any Special Servicer on its behalfif applicable, shall promptly furnish give notice to the Trustee, who will copy each Certificateholder, each Rating Agency Agency, the Depositor and the Indenture Trustee Mortgage Loan Seller of (in written a) any notice from a Borrower or electronic formatinsurance company regarding an upcoming voluntary or involuntary prepayment (including that resulting from a casualty or condemnation) annual reports of each Mortgagor with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor and actually received by the Master Servicer, all or any Special Servicer on its behalf, with respect to Specially Serviced Mortgage Loans, to the extent that delivery part of such items is consistent with applicable law and the related Mortgage Loan documents. Upon request, (provided that a request by a Borrower or other party for a quotation of the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish amount necessary to each Rating Agency and the Indenture Trustee (in written or electronic format) satisfy all rent rolls and sales reports obligations with respect to Specially Serviced a Mortgage LoansLoan shall not, in and of itself, be deemed to be such notice); and (b) of any other occurrence known to it with respect to a Mortgage Loan or REO Property that the Servicer or the Special Servicer determines, in accordance with the Servicing Standard, would have a material effect on such Mortgage Loan or REO Property, which notice shall include an explanation as to the extent they are delivered reason for such material effect (provided that any extension of the term of any Mortgage Loan shall be deemed to have a material effect). Neither the Servicer nor the Special Servicer shall be responsible for the accuracy or completeness of any information supplied to it by a Borrower or otherwise for inclusion in any such notice, and the Servicer, the Special Servicer and the Trustee shall be indemnified and held harmless by the Trust Fund against any loss, liability or expense incurred in connection with any legal action relating to any statement or omission or alleged statement or omission therein, including any liability related Mortgagor to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery inclusion of such items is consistent information in any report filed with applicable law and the related Mortgage Loan documents. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency and the Indenture Trustee if it obtains knowledge of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage LoanCommission. In addition to the other reports and information made available and distributed to the Depositor, the Trustee or the Certificateholders pursuant to other provisions of this Agreement, the Master Servicer and any the Special Servicer shall, in accordance with such reasonable rules and procedures as it may adoptadopt (which may include the requirement that an agreement governing the availability, use and disclosure of such information be executed to the extent the Servicer or the Special Servicer, as applicable, deems such action to be necessary or appropriate), also make available any information relating to the Multifamily Loans and Mortgage Loans, the related Mortgaged Properties properties or the related Mortgagors Borrower for review by the Depositor, the Rating Agencies and Trustee, the Indenture Trustee. The Master Servicer Certificateholders and any other Persons to whom the Servicer or the Special Servicer acting on its behalfServicer, as the case may be, will believes such disclosure is appropriate, in each case except to the extent doing so is prohibited by applicable law or by any documents related to a Mortgage Loan. The Trustee shall also make available at its offices primarily responsible for administration of the Trust Fund, during normal business hours, for review by the Depositor, any Certificateholder, any Person identified to the Trustee by a Certificateholder as a prospective transferee of a Certificate and any other Persons to whom the Trustee believes such information disclosure is appropriate, the following items: (i) this Agreement, (ii) all monthly statements to Certificateholders delivered since the Closing Date pursuant to Section 4.2(a), (iii) all annual statements as to compliance delivered to the Trustee and the Depositor pursuant to Section 3.14 and (iv) all annual Independent accountants' reports delivered to the Trustee and the Depositor pursuant to Section 3.15. The Servicer or the Special Servicer, as appropriate, shall make available at its offices during normal business hours, for review by the Depositor, the Trustee, any Certificateholder, any Person identified to the Servicer or the Special Servicer, as applicable, by a Certificateholder as a prospective transferee of a Certificate and any other Persons to whom the Servicer or the Special Servicer, as applicable, believes such disclosure is appropriate, the following items: (i) the inspection reports prepared by or on behalf of the Servicer or the Special Servicer, as applicable, in connection with the property inspections conducted by the Servicer or the Special Servicer, as applicable, pursuant to Section 3.19, (ii) any and all modifications, waivers and amendments of the terms of a Mortgage Loan entered into by the Servicer or the Special Servicer and (iii) any and all Officer's Certificates and other evidence delivered to the Trustee and the Depositor to support the Servicer's determination that any Advance was, or if made would be, a Nonrecoverable Advance, in each case except to the extent doing so is prohibited by applicable laws or by any documents related to a Mortgage Loan. Copies of any and all of the foregoing items shall be available from the Servicer, the Special Servicer or the Trustee, as applicable, upon request. The Servicer, the Special Servicer and the Trustee shall be permitted to require payment (other than from any Rating Agency) of a sum sufficient to cover the reasonable costs and expenses incurred by it in providing copies of or access to any Person information requested in accordance with the previous sentence. The Servicer shall, on behalf of the Trust Fund, prepare, sign and file with the Commission any and all reports, statements and information respecting the Trust Fund which the Servicer or the Trustee determines are required to be filed with the Commission pursuant to Sections 13(a) or 15(d) of the 1934 Act, each such report, statement and information to be filed on or prior to the required filing date for such report, statement or information. Notwithstanding the foregoing, the Depositor shall file with the Commission, within ______ days of the Closing Date, a Current Report on Form 8-K together with this Agreement. Neither the Servicer not the Trustee shall be responsible for the accuracy or completeness of any information supplied to it by a Borrower or a third party that is a Bondholder included in any report, statement or potential Bondholderinformation filed with the Commission, and both the Servicer and the Trustee shall be indemnified and held harmless by the Trust Fund against any loss, liability or expense incurred in connection with any legal action relating to any statement or omission or alleged statement or omission therein resulting from such information.

Available Information and Notices. (a) Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency and the Indenture Trustee (in written or electronic format) annual reports of each Mortgagor with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor and actually received by the Master Servicer, or any Special Servicer on its behalf, with respect to Specially Serviced Mortgage Loans, to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency and the Indenture Trustee (in written or electronic format) all rent rolls and sales reports with respect to Specially Serviced Mortgage Loans, to the extent they are delivered by the related Mortgagor to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency and the Indenture Trustee if it obtains knowledge of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage Loan. In addition to the other reports and information made available and distributed pursuant to other provisions of this Agreement, the Master Servicer and any Special Servicer shall, in accordance with such reasonable rules and procedures as it may adopt, also make available any information relating to the Multifamily Loans commercial or mixed-use loans and the related Mortgaged Properties or the related Mortgagors for review by the Depositor, the Rating Agencies and the Indenture Trustee. The Master Servicer and any Special Servicer acting on its behalf, as the case may be, will also make such information available to any Person that is a Bondholder Certificateholder or potential BondholderCertificateholder.

Available Information and Notices. Upon requestThe Master Servicer or any Special Servicer, if applicable, shall promptly give notice to the Trustee, who will copy each Certificateholder, the Group 2 Special Servicer, each Rating Agency, the Depositor, and the Mortgage Loan Seller of (a) any notice from a Borrower or insurance company regarding an upcoming voluntary or involuntary prepayment (including that resulting from a casualty or condemnation) of all or part of the related Mortgage Loan (provided that a request by a Borrower or other party for a quotation of the amount necessary to satisfy all obligations with respect to a Mortgage Loan shall not, in and of itself, be deemed to be such notice); and (b) of any other occurrence known to it with respect to a Mortgage Loan or REO Property that the Master Servicer or the applicable Special Servicer determines, in accordance with the applicable Servicing Standard, would have a material effect on such Mortgage Loan or REO Property, which notice shall include an explanation as to the reason for such material effect (provided that any extension of the term of any Mortgage Loan shall be deemed to have a material effect). None of the Trustee, the Fiscal Agent, the Master Servicer, Servicer or any Special Servicer on its behalf, shall promptly furnish be responsible for the accuracy or completeness of any information supplied to each Rating Agency and the Indenture Trustee (it by a Borrower or a third party for inclusion in written any such notice or electronic format) annual reports of each Mortgagor with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor and actually received in any other report or information furnished or provided by the Master Servicer, or any such Special Servicer on its behalfor the Trustee hereunder, with respect to Specially Serviced Mortgage Loans, to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. Upon request, the Master Servicer, or any the Special Servicer on its behalfServicers, shall promptly furnish to each Rating Agency the Fiscal Agent and the Indenture Trustee (shall be indemnified and held harmless by the Trust Fund against any loss, liability or expense incurred in written connection with any legal action relating to any statement or electronic format) all rent rolls and sales reports with respect to Specially Serviced Mortgage Loansomission or alleged statement or omission therein, including any liability related to the extent they are delivered by the related Mortgagor to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery inclusion of such items is consistent information in any report filed with applicable law and the related Mortgage Loan documents. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency and the Indenture Trustee if it obtains knowledge of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage LoanCommission. In addition to the other reports and information made available and distributed to the Depositor, the Trustee or the Certificateholders pursuant to other provisions of this Agreement, the Master Servicer and any each Special Servicer shall, in accordance with such reasonable rules and procedures as it may adoptadopt (which may include the requirement that an agreement governing the availability, use and disclosure of such information, and which may provide indemnification to the Master Servicer or the Special Servicers as applicable, for any liability or damage that may arise therefrom, be executed to the extent the Master Servicer or any Special Servicer, as applicable, deems such action to be necessary or appropriate), also make available any information relating to the Multifamily Loans and Mortgage Loans, the related Mortgaged Properties or the related Mortgagors Borrowers for review by the Depositor, the Rating Agencies Agencies, the Trustee, the Certificateholders and any other Persons to whom the Indenture Trustee. The Master Servicer and any or a Special Servicer acting on its behalfServicer, as the case may be, will believes such disclosure is appropriate, in each case except to the extent doing so is prohibited by applicable law or by any documents related to a Mortgage Loan. The Trustee shall also make available at its offices primarily responsible for administration of the Trust Fund, during normal business hours, for review by the Depositor, the Rating Agencies, any Certificateholder, any Person identified to the Trustee by a Certificateholder as a beneficial owner or prospective transferee of a Certificate or any interest therein and any other Persons to whom the Trustee believes such disclosure is appropriate, the following items: (i) this Agreement, (ii) all monthly statements to Certificateholders delivered since the Closing Date pursuant to Section 4.4, (iii) all annual statements as to compliance delivered to the Trustee and the Depositor pursuant to Section 3.16, (iv) all annual Independent accountants' reports delivered to the Trustee and the Depositor pursuant to Section 3.17, and (v) any reports or information relating to the Mortgage Loans, the Mortgaged Properties or the Borrowers which the Trustee has received from the Master Servicer or the Special Servicers. The Master Servicer or the applicable Special Servicer, as appropriate, shall make available at its offices during normal business hours, for review by the Depositor, the Trustee, the Rating Agencies, any Certificateholder, any Person identified to the Master Servicer or such Special Servicer, as applicable, by a Certificateholder as a beneficial owner or prospective transferee of a Certificate or an interest therein and 131 any other Persons to whom the Master Servicer or such Special Servicer, as applicable, believe such disclosure is appropriate, the following items: (i) the inspection reports prepared by or on behalf of such Special Servicer, as applicable, in connection with the property inspections conducted by the Group 2 Special Servicer, (ii) any and all modifications, waivers and amendments of the terms of a Mortgage Loan entered into by the Master Servicer or a Special Servicer or the Xxxxxx Servicer, (iii) any financial statements and summaries thereof collected or prepared by the Group 2 Special Servicer or collected by the Xxxxxx Servicer or Group 1 Special Servicer and (iv) any and all Officer's Certificates and other evidence delivered to the Trustee and the Depositor to support the Master Servicer's determination that any Advance was, or if made would be, a Nonrecoverable Advance, in each case except to the extent doing so is prohibited by applicable laws or by any documents related to a Mortgage Loan. Copies of any and all of the foregoing items shall be available from the Master Servicer, the Special Servicers or the Trustee, as applicable, upon request (subject to the exception in the preceding sentence). The Master Servicer, the Special Servicers and the Trustee shall be permitted to require payment (other than from any Rating Agency) of a sum sufficient to cover the reasonable costs and expenses incurred by it in providing copies of or access to any Person that is information requested in accordance with the previous sentence. The Master Servicer shall, at the expense of the Depositor, prepare for filing, execute and properly file with the Commission, any and all reports, statements and information respecting the Trust Fund and/or the Certificates required or specifically provided herein to be filed on behalf of the Trust under the 1934 Act. The Depositor shall promptly file, and exercise its reasonable best efforts to obtain a Bondholder favorable response to non-action requests to, or potential Bondholderrequests for other appropriate exemptive relief from, the Commission regarding the usual and customary exemption from certain reporting requirements granted to issuers of securities similar to the Certificates.

Available Information and Notices. Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency Agency, the Insurer and the Indenture Trustee (in written or electronic format) annual reports of each Mortgagor with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor and actually received by the Master Servicer, or any Special Servicer on its behalf, with respect to Specially Serviced Mortgage Loans, to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency Agency, the Insurer and the Indenture Trustee (in written or electronic format) all rent rolls and sales reports with respect to Specially Serviced Mortgage Loans, to the extent they are delivered by the related Mortgagor to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency Agency, the Insurer and the Indenture Trustee if it obtains knowledge of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage Loan. In addition to the other reports and information made available and distributed pursuant to other provisions of this Agreement, the Master Servicer and any Special Servicer shall, in accordance with such reasonable rules and procedures as it may adopt, also make available any information relating to the Multifamily Loans and the related Mortgaged Properties or the related Mortgagors for review by the Insurer, the Depositor, the Rating Agencies and the Indenture Trustee. The Master Servicer and any Special Servicer acting on its behalf, as the case may be, will also make such information available to any Person that the Trustee at the request of the Master Servicer or Special Servicer certifies is a Bondholder Certificateholder or Certificate Owner or potential Bondholder.Certificateholder or Certificate Owner. The Trustee may base the certification on any information from the Certificateholder or Certificate Owner or the potential Certificateholder or Certificate Owner that the Trustee may require in its sole discretion. The Trustee may require such Certificateholder or Certificate Owner or potential Certificateholder or Certificate Owner to pay any expenses incurred by the Trustee in making such certification. The Trustee shall also make available at its offices primarily responsible for administration of the Trust Fund, during normal business hours, for review by the Depositor, the Rating Agencies, the Insurer, any Certificateholder, any Person identified to the Trustee by a Certificateholder or a Certificate Owner as a prospective transferee of a Certificate or a beneficial interest therein and any other Persons to whom the Trustee believes such disclosure is appropriate, any reports or information relating to the Multifamily Loans or the related Mortgaged Properties or the related Mortgagors which the Trustee has received from the Master Servicer or the Special Servicer. The Trustee shall make available at its offices during normal business hours, for review by the Depositor, the Master Servicer, any Special Servicer, the Rating Agencies, the Insurer, any Certificateholder or Certificate Owner, any Person identified to the Trustee by a Certificateholder or Certificate Owner as a prospective transferee of a Certificate or a beneficial interest therein and any other Persons to whom the Trustee believes such disclosure is appropriate, the following items: (i) the inspection reports prepared by or on behalf of the Master Servicer or the Special Servicer, as applicable, in connection with the property inspections conducted by the Master Servicer or the Special Servicer, as applicable, pursuant to Section 3.25 and (ii) any and all modifications, waivers and amendments of the terms of a Multifamily Loan entered into by the Master Servicer or the Special Servicer, in each case except to the extent doing so is prohibited by applicable laws or by any documents related to a Multifamily Loan. Copies of any and all of the foregoing items shall be available from the Master 100 Servicer, the Special Servicer or the Trustee, as applicable, upon request (subject to the exception in the preceding sentence). The Master Servicer, the Special Servicer and the Trustee shall be permitted to require payment (other than from any Rating Agency) of a sum sufficient to cover the reasonable costs and expenses incurred by it in providing copies of or access to any information requested in accordance with the previous sentence. 101

Available Information and Notices. Upon request, the The Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency and and, upon request, the Indenture Trustee Operating Adviser (in written or electronic format) quarterly and annual reports of each Mortgagor Borrower with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor Borrower and actually received by the Master ServicerServicer with respect to non-Specially Serviced Mortgage Loans, to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan Documents. Upon request, the Master Servicer shall promptly furnish to each Rating Agency and the Operating Adviser (in written or electronic format) all rent rolls and sales reports with respect to non-Specially Serviced Mortgage Loans, to the extent they are delivered by the related Borrower to the Master Servicer and to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan Documents. The Master Servicer shall promptly notify each Rating Agency and the Operating Adviser of any material uninsured damage to a Mortgaged Property that relates to a non-Specially Serviced Mortgage Loan. The Special Servicer on its behalf, shall promptly furnish to each Rating Agency and the Operating Adviser (in written or electronic format) quarterly and annual reports of each Borrower with respect to the net operating income and occupancy rates required to be delivered by the related Borrower and actually received by the Special Servicer with respect to Specially Serviced Mortgage Loans, to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documentsDocuments. Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency and the Indenture Trustee Operating Adviser (in written or electronic format) all rent rolls and sales reports with respect to Specially Serviced Mortgage Loans, to the extent they are delivered by the related Mortgagor Borrower to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documentsDocuments. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency and the Indenture Trustee if it obtains knowledge Operating Adviser of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage Loan. The Master Servicer and the Special Servicer shall promptly furnish to each Rating Agency and the Operating Adviser any Officers' Certificates delivered by the Master Servicer or the Special Servicer, as applicable, to the Trustee; provided, however, that the Master Servicer shall furnish its Officers' Certificates to the Operating Adviser only upon request. None of the Trustee, the Fiscal Agent, the Master Servicer and the Special Servicer shall be responsible for the accuracy or completeness of any information supplied to it by a Borrower or a third party for inclusion in any such notice or in any other report or information furnished or provided by the Master Servicer, the Special Servicer or the Trustee hereunder, and the Master Servicer, the Special Servicer, the Fiscal Agent and the Trustee shall be indemnified and held harmless by the Trust Fund against any loss, liability or expense incurred in connection with any legal action relating to any statement or omission or alleged statement or omission therein, including any liability related to the inclusion of such information in any report filed with the Commission. Such indemnification shall survive the resignation or termination of the foregoing parties and the termination of this Agreement. In addition to the other reports and information made available and distributed to the Depositor, the Placement Agents, the Trustee, the Rating Agencies, the Operating Adviser or the Certificateholders pursuant to other provisions of this Agreement, the Master Servicer and any the Special Servicer shall, in accordance with such reasonable rules and procedures as it may adoptadopt (which may include the requirement that an agreement governing the availability, use and disclosure of such information, and which may provide indemnification (at the expense of the requesting party) to the Master Servicer or the Special Servicer as applicable, for any liability or damage that may arise therefrom, be executed to the extent the Master Servicer or the Special Servicer, as applicable, deems such action to be necessary or appropriate), also make available any information relating to the Multifamily Loans and Mortgage Loans, the related Mortgaged Properties or the related Mortgagors Borrowers for review by the Depositor, the Rating Agencies Agencies, the Placement Agents, the Trustee and the Indenture TrusteeOperating Adviser. The Master Servicer and any the Special Servicer acting on its behalfServicer, as the case may be, will also make such information available to any Person that the Trustee at the request of the Master Servicer or Special Servicer certifies is a Bondholder Certificateholder or Certificate Owner or potential BondholderCertificateholder or Certificate Owner. The Trustee may base the certification on any information from the Certificateholder or Certificate Owner or the potential Certificateholder or Certificate Owner that the Trustee may require in its sole discretion. The Trustee may require such Certificateholder or Certificate Owner or potential Certificateholder or Certificate Owner to pay any expenses incurred by the Trustee in making such certification. The Trustee shall also make available at its offices primarily responsible for administration of the Trust Fund, during normal business hours, for review by the Depositor, the Rating Agencies, the Operating Adviser, any Certificateholder, the Placement Agents, any Person identified to the Trustee by a Certificateholder or a Certificate Owner as a prospective transferee of a Certificate or a beneficial interest therein and any other Persons to whom the Trustee believes such disclosure is appropriate, the following items: (i) this Agreement, (ii) all monthly statements to Certificateholders delivered since the Closing Date pursuant to Section 4.4(a), (iii) all annual statements as to compliance delivered to the Trustee and the Depositor pursuant to Section 3.14, (iv) all annual Independent accountants' reports delivered to the Trustee and the Depositor pursuant to Section 3.15, (v) the reports prepared by the Trustee pursuant to Section 2.2 and (vi) any reports or information relating to the Mortgage Loans, the Mortgaged Properties or the Borrowers which the Trustee has received from the Master Servicer or the Special Servicer. The Trustee shall make available at its offices during normal business hours, for review by the Depositor, the Placement Agents, the Master Servicer, the Special Servicer, the Rating Agencies, the Operating Adviser, any Certificateholder or Certificate Owner, any Person identified to the Trustee by a Certificateholder or Certificate Owner as a prospective transferee of a Certificate or a beneficial interest therein and any other Persons to whom the Trustee believes such disclosure is appropriate, the following items: (i) the inspection reports prepared by or on behalf of the Master Servicer or the Special Servicer, as applicable, in connection with the property inspections conducted by the Master Servicer or the Special Servicer, as applicable, pursuant to Section 3.19, (ii) any and all modifications, waivers and amendments of the terms of a Mortgage Loan entered into by the Master Servicer or the Special Servicer and (iii) any and all Officer's Certificates and other evidence delivered to the Trustee and the Depositor to support the Master Servicer's determination that any Advance was, or if made would be, a Nonrecoverable Advance, in each case except to the extent doing so is prohibited by applicable laws or by any documents related to a Mortgage Loan. Copies of any and all of the foregoing items shall be available from the Master Servicer, the Special Servicer or the Trustee, as applicable, upon request (subject to the exception in the preceding sentence). The Master Servicer, the Special Servicer and the Trustee shall be permitted to require payment (other than from any Rating Agency) of a sum sufficient to cover the reasonable costs and expenses incurred by it in providing copies of or access to any information requested in accordance with the previous sentence. The Master Servicer shall, on behalf of the Trust Fund, prepare, sign and file with the Commission any and all reports, statements and information respecting the Trust Fund which the Master Servicer or the Depositor determines (i) are required to be filed with the Commission pursuant to Sections 13(a) or 15(d) of the 1934 Act or (ii) the filing of which is otherwise desirable, each such report, statement and information to be filed on or prior to the required filing date for such report, statement or information. Notwithstanding the foregoing, the Depositor shall file with the Commission, within fifteen days of the Closing Date, a Current Report on Form 8-K together with this Agreement.

Available Information and Notices. Upon request, The Servicer or the Master Special Servicer, or any Special Servicer on its behalfif applicable, shall promptly furnish give notice to the Trustee, who will copy each Certificateholder, each Rating Agency Agency, the Depositor and the Indenture Trustee Mortgage Loan Seller of (in written a) any notice from a Borrower or electronic formatinsurance company regarding an upcoming voluntary or involuntary prepayment (including that resulting from a casualty or condemnation) annual reports of each Mortgagor with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor and actually received by the Master Servicer, all or any Special Servicer on its behalf, with respect to Specially Serviced Mortgage Loans, to the extent that delivery part of such items is consistent with applicable law and the related Mortgage Loan documents. Upon request, (provided that a request by a Borrower or other party for a quotation of the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish amount necessary to each Rating Agency and the Indenture Trustee (in written or electronic format) satisfy all rent rolls and sales reports obligations with respect to Specially Serviced a Mortgage LoansLoan shall not, in and of itself, be deemed to be such notice); and (b) of any other occurrence known to it with respect to a Mortgage Loan or REO Property that the Servicer or the Special Servicer determines, in accordance with the Servicing Standard, would have a material effect on such Mortgage Loan or REO Property, which notice shall include an explanation as to the extent they are delivered reason for such material effect (provided that any extension of the term of any Mortgage Loan shall be deemed to have a material effect). Neither the Servicer nor the Special Servicer shall be responsible for the accuracy or completeness of any information supplied to it by a Borrower or otherwise for inclusion in any such notice, and the Servicer, the Special Servicer and the Trustee shall be indemnified and held harmless by the Trust Fund against any loss, liability or expense incurred in connection with any legal action relating to any statement or omission or alleged statement or omission therein, including any liability related Mortgagor to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery inclusion of such items is consistent information in any report filed with applicable law and the related Mortgage Loan documents. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency and the Indenture Trustee if it obtains knowledge of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage LoanCommission. In addition to the other reports and information made available and distributed to the Depositor, the Trustee or the Certificateholders pursuant to other provisions of this Agreement, the Master Servicer and any the Special Servicer shall, in accordance with such reasonable rules and procedures as it may adoptadopt (which may include the requirement that an agreement governing the availability, use and disclosure of such information, and which may provide indemnification to the Servicer or the Special Servicer as applicable, for any liability or damage that may arise therefrom, be executed to the extent the Servicer or the Special Servicer, as applicable, deems such action to be necessary or appropriate), also make available any information relating to the Multifamily Loans and Mortgage Loans, the related Mortgaged Properties properties or the related Mortgagors Borrower for review by the Depositor, the Rating Agencies and Trustee, the Indenture Trustee. The Master Servicer Certificateholders and any other Persons to whom the Servicer or the Special Servicer acting on its behalfServicer, as the case may be, will believes such disclosure is appropriate, in each case except to the extent doing so is prohibited by applicable law or by any documents related to a Mortgage Loan. The Trustee shall also make available at its offices primarily responsible for administration of the Trust Fund, during normal business hours, for review by the Depositor, any Certificateholder, any Person identified to the Trustee by a Certificateholder as a prospective transferee of a Certificate and any other Persons to whom the Trustee believes such information disclosure is appropriate, the following items: (i) this Agreement, (ii) all monthly statements to Certificateholders delivered since the Closing Date pursuant to Section 4.2(a), (iii) all annual statements as to compliance delivered to the Trustee and the Depositor pursuant to Section 3.14 and (iv) all annual Independent accountants' reports delivered to the Trustee and the Depositor pursuant to Section 3.15. The Servicer or the Special Servicer, as appropriate, shall make available at its offices during normal business hours, for review by the Depositor, the Trustee, any Certificateholder, any Person identified to the Servicer or the Special Servicer, as applicable, by a Certificateholder as a prospective transferee of a Certificate and any other Persons to whom the Servicer or the Special Servicer, as applicable, believes such disclosure is appropriate, the following items: (i) the inspection reports prepared by or on behalf of the Servicer or the Special Servicer, as applicable, in connection with the property inspections conducted by the Servicer or the Special Servicer, as applicable, pursuant to Section 3.19, (ii) any and all modifications, waivers and amendments of the terms of a Mortgage Loan entered into by the Servicer or the Special Servicer and (iii) any and all Officer's Certificates and other evidence delivered to the Trustee and the Depositor to support the Servicer's determination that any Advance was, or if made would be, a Nonrecoverable Advance, in each case except to the extent doing so is prohibited by applicable laws or by any documents related to a Mortgage Loan. Copies of any and all of the foregoing items shall be available from the Servicer, the Special Servicer or the Trustee, as applicable, upon request (subject to the exception in the preceding sentence). The Servicer, the Special Servicer and the Trustee shall be permitted to require payment (other than from any Rating Agency) of a sum sufficient to cover the reasonable costs and expenses incurred by it in providing copies of or access to any Person information requested in accordance with the previous sentence. The Servicer shall, on behalf of the Trust Fund, prepare, sign and file with the Commission any and all reports, statements and information respecting the Trust Fund which the Servicer or the Trustee determines are required to be filed with the Commission pursuant to Sections 13(a) or 15(d) of the 1934 Act, each such report, statement and information to be filed on or prior to the required filing date for such report, statement or information. Notwithstanding the foregoing, the Depositor shall file with the Commission, within fifteen days of the Closing Date, a Current Report on Form 8-K together with this Agreement. Neither the Servicer nor the Trustee shall be responsible for the accuracy or completeness of any information supplied to it by a Borrower or a third party that is a Bondholder included in any report, statement or potential Bondholderinformation filed with the Commission, and both the Servicer and the Trustee shall be indemnified and held harmless by the Trust Fund against any loss, liability or expense incurred in connection with any legal action relating to any statement or omission or alleged statement or omission therein resulting from such information.

Available Information and Notices. Upon request, The Servicer or the Master Special Servicer, or any Special Servicer on its behalfif applicable, shall promptly furnish give notice to the Trustee, who will copy each Certificateholder, each Rating Agency Agency, the Depositor, the Placement Agents and the Indenture Trustee Mortgage Loan Seller of (in written a) any notice from a Borrower or electronic formatinsurance company regarding an upcoming voluntary or involuntary prepayment (including that resulting from a casualty or condemnation) annual reports of each Mortgagor with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor and actually received by the Master Servicer, all or any Special Servicer on its behalf, with respect to Specially Serviced Mortgage Loans, to the extent that delivery part of such items is consistent with applicable law and the related Mortgage Loan documents. Upon request, (provided that a request by a Borrower or other party for a quotation of the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish amount necessary to each Rating Agency and the Indenture Trustee (in written or electronic format) satisfy all rent rolls and sales reports obligations with respect to Specially Serviced a Mortgage LoansLoan shall not, in and of itself, be deemed to be such notice); and (b) of any other occurrence known to it with respect to a Mortgage Loan or REO Property that the Servicer or the Special Servicer determines, in accordance with the Servicing Standard, would have a material effect on such Mortgage Loan or REO Property, which notice shall include an explanation as to the extent they are delivered reason for such material effect (provided that any extension of the term of any Mortgage Loan shall be deemed to have a material effect). None of the Trustee, the Fiscal Agent, the Servicer and the Special Servicer shall be responsible for the accuracy or completeness of any information supplied to it by a Borrower or a third party for inclusion in any such notice or in any other report or information furnished or provided by the Servicer, the Special Servicer or the Trustee hereunder, and the Servicer, the Special Servicer, the Fiscal Agent and the Trustee shall be indemnified and held harmless by the Trust Fund against any loss, liability or expense incurred in connection with any legal action relating to any statement or omission or alleged statement or omission therein, including any liability related Mortgagor to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery inclusion of such items is consistent information in any report filed with applicable law and the related Mortgage Loan documents. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency and the Indenture Trustee if it obtains knowledge of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage LoanCommission. In addition to the other reports and information made available and distributed to the Depositor, the Placement Agents, the Trustee or the Certificateholders pursuant to other provisions of this Agreement, the Master Servicer and any the Special Servicer shall, in accordance with such reasonable rules and procedures as it may adoptadopt (which may include the requirement that an agreement governing the availability, use and disclosure of such information, and which may provide indemnification to the Servicer or the Special Servicer as applicable, for any liability or damage that may arise therefrom, be executed to the extent the Servicer or the Special Servicer, as applicable, deems such action to be necessary or appropriate), also make available any information relating to the Multifamily Loans and Mortgage Loans, the related Mortgaged Properties or the related Mortgagors Borrowers for review by the Depositor, the Rating Agencies and Agencies, the Indenture Placement Agents, the Trustee. The Master Servicer , the Certificateholders and any other Persons to whom the Servicer or the Special Servicer acting on its behalfServicer, as the case may be, will believes such disclosure is appropriate, in each case except to the extent doing so is prohibited by applicable law or by any documents related to a Mortgage Loan. The Trustee shall also make available at its offices primarily responsible for administration of the Trust Fund, during normal business hours, for review by the Depositor, the Rating Agencies, any Certificateholder, the Placement Agents, any Person identified to the Trustee by a Certificateholder as a prospective transferee of a Certificate and any other Persons to whom the Trustee believes such disclosure is appropriate, the following items: (i) this Agreement, (ii) all monthly statements to Certificateholders delivered since the Closing Date pursuant to Section 4.2(a), (iii) all annual statements as to compliance delivered to the Trustee and the Depositor pursuant to Section 3.14, (iv) all annual Independent accountants' reports delivered to the Trustee and the Depositor pursuant to Section 3.15, and (v) any reports or information relating to the Mortgage Loans, the Mortgaged Properties or the Borrowers which the Trustee has received from the Servicer or the Special Servicer. The Servicer or the Special Servicer, as appropriate, shall make available at its offices during normal business hours, for review by the Depositor, the Placement Agents, the Trustee, the Rating Agencies, any Certificateholder, any Person identified to the Servicer or the Special Servicer, as applicable, by a Certificateholder as a prospective transferee of a Certificate and any other Persons to whom the Servicer or the Special Servicer, as applicable, believes such disclosure is appropriate, the following items: (i) the inspection reports prepared by or on behalf of the Servicer or the Special Servicer, as applicable, in connection with the property inspections conducted by the Servicer or the Special Servicer, as applicable, pursuant to Section 3.19, (ii) any and all modifications, waivers and amendments of the terms of a Mortgage Loan entered into by the Servicer or the Special Servicer and (iii) any and all Officer's Certificates and other evidence delivered to the Trustee and the Depositor to support the Servicer's determination that any Advance was, or if made would be, a Nonrecoverable Advance, in each case except to the extent doing so is prohibited by applicable laws or by any documents related to a Mortgage Loan. Copies of any and all of the foregoing items shall be available from the Servicer, the Special Servicer or the Trustee, as applicable, upon request (subject to the exception in the preceding sentence). The Servicer, the Special Servicer and the Trustee shall be permitted to require payment (other than from any Rating Agency) of a sum sufficient to cover the reasonable costs and expenses incurred by it in providing copies of or access to any Person that is information requested in accordance with the previous sentence. The Servicer shall, on behalf of the Trust Fund, prepare, sign and file with the Commission any and all reports, statements and information respecting the Trust Fund which the Servicer or the Trustee determines are required to be filed with the Commission pursuant to Sections 13(a) or 15(d) of the 1934 Act, each such report, statement and information to be filed on or prior to the required filing date for such report, statement or information. Notwithstanding the foregoing, the Depositor shall file with the Commission, within fifteen days of the Closing Date, a Bondholder or potential BondholderCurrent Report on Form 8-K together with this Agreement.

Available Information and Notices. Upon request, the Master ----------------------------------- Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency Agency, the Bond Insurer and the Indenture Trustee (in written or electronic format) annual reports of each Mortgagor with respect to the net operating income and occupancy rates required to be delivered by the related Mortgagor and actually received by the Master Servicer, or any Special Servicer on its behalf, with respect to Specially Serviced Mortgage Loans, to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. Upon request, the Master Servicer, or any Special Servicer on its behalf, shall promptly furnish to each Rating Agency Agency, the Bond Insurer and the Indenture Trustee (in written or electronic format) all rent rolls and sales reports with respect to Specially Serviced Mortgage Loans, to the extent they are delivered by the related Mortgagor to the Master Servicer, or any Special Servicer on its behalf, and to the extent that delivery of such items is consistent with applicable law and the related Mortgage Loan documents. The Master Servicer, or any Special Servicer on its behalf, shall promptly notify each Rating Agency Agency, the Bond Insurer and the Indenture Trustee if it obtains knowledge of any material uninsured damage to a Mortgaged Property that relates to a Specially Serviced Mortgage Loan. In addition to the other reports and information made available and distributed pursuant to other provisions of this Agreement, the Master Servicer and any Special Servicer shall, in accordance with such reasonable rules and procedures as it may adopt, also make available any information relating to the Multifamily Loans and the related Mortgaged Properties or the related Mortgagors for review by the Bond Insurer, the Depositor, the Rating Agencies and the Indenture Trustee. The Master Servicer and any Special Servicer acting on its behalf, as the case may be, will also make such information available to any Person that is a Bondholder or potential Bondholder.