Common use of Binding Effect; No Partnership; Counterparts Clause in Contracts

Binding Effect; No Partnership; Counterparts. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Servicer shall be rendered as an independent contractor for the Owner. For the purpose of facilitating the execution of this Agreement as herein provided and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument.

Appears in 3 contracts

Samples: Servicing Agreement (Sun Life Financial Inc), Servicing Agreement (Spirit Finance Corp), Servicing Agreement (Impac Commercial Holdings Inc)

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Binding Effect; No Partnership; Counterparts. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Master Servicer and Special Servicer shall be rendered as an independent contractor for the Owner. For the purpose of facilitating the execution of this Agreement as herein provided and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument.

Appears in 3 contracts

Samples: Servicing Agreement, Servicing Agreement (Pennymac Financial Services, Inc.), Servicing Agreement (PennyMac Mortgage Investment Trust)

Binding Effect; No Partnership; Counterparts. The Subject to Section 6.01 hereof, with respect to the Primary Servicer, the provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto hereto, and the services of the Primary Servicer shall be rendered as an independent contractor for the OwnerMaster Servicer. For the purpose of facilitating the execution of this Agreement as herein provided and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument.

Appears in 2 contracts

Samples: Primary Servicing Agreement (CF 2019-Cf3 Mortgage Trust), Primary Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C12)

Binding Effect; No Partnership; Counterparts. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. Nothing herein contained in this Agreement shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Servicer shall be rendered as an independent contractor for the Owner. For the purpose of facilitating the execution of this Agreement as herein provided and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument. A signature of a party delivered by facsimile, e-mail or other electronic transmission shall be deemed to constitute an original and fully-effective signature of such party.

Appears in 2 contracts

Samples: Loan Servicing Agreement (MogulREIT I, LLC), Loan Servicing Agreement (MogulREIT I, LLC)

Binding Effect; No Partnership; Counterparts. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of the Servicer shall be rendered as an independent contractor for the OwnerMaster Servicer. For the purpose of facilitating the execution of this Agreement as herein provided and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument.

Appears in 1 contract

Samples: Servicing Agreement (Impac Secured Assets Corp)

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Binding Effect; No Partnership; Counterparts. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. Nothing herein contained shall be deemed or construed to create (i) a partnership or joint venture between the parties hereto and the services of the Servicer and Special Servicer shall be rendered as an independent contractor for Buyer and Seller, respectively, or (ii) any lien, claim or charge for the Ownerbenefit of Servicer and Special Servicer against any Investment, Investment File or Servicing Files. For the purpose of facilitating the execution of this Agreement as herein provided and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument.

Appears in 1 contract

Samples: Interim Servicing Agreement (Ares Commercial Real Estate Corp)

Binding Effect; No Partnership; Counterparts. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services of Servicer or Special Servicer, as the Servicer case may be, shall be rendered as an independent contractor for the OwnerNote Holders. For the purpose of facilitating the execution of this Agreement as herein provided and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument.

Appears in 1 contract

Samples: Servicing Agreement (KBS Real Estate Investment Trust II, Inc.)

Binding Effect; No Partnership; Counterparts. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and permitted assigns of the parties hereto. Nothing herein contained shall be deemed or construed to create (i) a partnership or joint venture between the parties hereto and the services of the Servicer and Special Servicer shall be rendered as an independent contractor for Owner, or (ii) any lien, claim or charge for the Ownerbenefit of Servicer and Special Servicer against any Investment, Investment File or Servicing Files. For the purpose of facilitating the execution of this Agreement as herein provided and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument.

Appears in 1 contract

Samples: Interim Servicing Agreement (Ares Commercial Real Estate Corp)

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