Common use of Base Servicing Fees Clause in Contracts

Base Servicing Fees. The Seller agrees that, notwithstanding the provisions of the applicable Servicing Agreements and Guides, as between the parties hereto, the Seller shall be entitled to servicing fees on the Primary Portfolio and any Secondary Portfolio only to the extent of the applicable Base Servicing Fee and only to the extent that funds available for the payment of such Base Servicing Fee are available in the Primary Portfolio Spread Custodial Account (in the case of the Primary Portfolio Mortgage Loans) or the Secondary Portfolio Spread Custodial Account (in the case of the Secondary Portfolio Mortgage Loans). Under no circumstances shall the Purchaser be liable to the Seller for the payment of any Base Servicing Fee. If for any reason a sub-servicer or sub-sub-servicer is appointed with respect to any Primary Portfolio Mortgage Loan or Secondary Portfolio Mortgage Loan, the servicing fees and expenses of such sub-servicer or sub-sub-servicer shall be paid by the Seller from its own funds without right of reimbursement therefor, whether from Primary Portfolio Collections, Secondary Portfolio Collections, Primary Portfolio Termination Payments, Secondary Portfolio Termination Payments, the Primary Portfolio Spread Custodial Account, the Secondary Portfolio Spread Custodial Account, the Purchaser or otherwise. The portion of the Base Servicing Fee relating to a Secondary Portfolio Mortgage Loan shall begin to accrue as of the commencement of the Collection Period in which the related Assignment Date occurs but in no event shall such portion accrue on any day on which the portion of the Base Servicing Fee relating to the Primary Portfolio Mortgage Loan in respect of which such Secondary Portfolio Mortgage Loan became a Secondary Portfolio Mortgage Loan also accrues.

Base Servicing Fees. The Seller agrees that, notwithstanding the provisions of the applicable Servicing Agreements Agreement and Guidesthe Xxxxxxx Mac Guide, as between the parties hereto, the Seller shall be entitled to servicing fees on the Primary Portfolio and any Secondary Portfolio only to the extent of the applicable Base Servicing Fee and only to the extent that funds available for the payment of such Base Servicing Fee are available in the Primary Portfolio Spread Custodial Account (in the case of the Primary Portfolio Mortgage Loans) or the Secondary Portfolio Spread Custodial Account (in the case of the Secondary Portfolio Mortgage Loans). Under no circumstances shall the Purchaser be liable to the Seller for the payment of any Base Servicing Fee. If for any reason a sub-servicer or sub-sub-servicer is appointed with respect to any Primary Portfolio Mortgage Loan or Secondary Portfolio Mortgage Loan, the servicing fees and expenses of such sub-servicer or sub-sub-servicer shall be paid by the Seller from its own funds without right of reimbursement therefor, whether from Primary Portfolio Collections, Secondary Portfolio Collections, Primary Portfolio Termination Payments, Secondary Portfolio Termination Payments, the Primary Portfolio Spread Custodial Account, the Secondary Portfolio Spread Custodial Account, the Purchaser or otherwise. The portion of the Base Servicing Fee relating to a Secondary Portfolio Mortgage Loan shall begin to accrue as of the commencement of the Collection Period in which the related Assignment Date occurs but in no event shall such portion accrue on any day on which the portion of the Base Servicing Fee relating to the Primary Portfolio Mortgage Loan in respect of which such Secondary Portfolio Mortgage Loan became a Secondary Portfolio Mortgage Loan also accrues.