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 parties hereto other than the Issuer shall be rendered as an Independent Contractor for the Issuer. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. This Agreement and any document in the Collateral Interest File shall be valid, binding and enforceable against a party (and any respective successors and permitted assigns thereof) when executed and delivered by an authorized individual on behalf of such party by means of (i) an original manual signature, (ii) a faxed, scanned or photocopied manual signature or (iii) any other electronic signature permitted by the federal Electronic Signatures in Global and National Commerce Act, state enactments of the Uniform Electronic Transactions Act and/or any other relevant electronic signatures law, including any relevant provisions of the Uniform Commercial Code (collectively, “Signature Law”), in each case, to the extent applicable. Each faxed, scanned or photocopied manual signature, or other electronic signature, shall for all purposes have the same validity, legal effect and admissibility in evidence as an original manual signature. Each party hereto shall be entitled to conclusively rely upon, and shall have no liability with respect to, any faxed, scanned or photocopied manual signature, or other electronic signature, of any other party and shall have no duty to investigate, confirm or otherwise verify the validity or authenticity thereof. Delivery of an executed counterpart of a signature page of this Agreement in Portable Document Format (PDF) or by electronic transmission shall be as effective as delivery of a manually executed original counterpart to this Agreement. For the avoidance of doubt, original manual signatures shall be used for execution or indorsement of writings when required under the Uniform Commercial Code or other Signature Law due to the character or intended character of the writings.

Binding Effect; No Partnership; Counterparts. The provisions of this Agreement the Master Repurchase Agreement, as amended hereby, shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns of the parties heretoassigns. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services any of the parties hereto other than hereto. For the Issuer shall be rendered purpose of facilitating the execution of this Amendment as an Independent Contractor for the Issuer. This Agreement herein provided, this Amendment may be executed simultaneously in any number of counterparts, each of which so executed shall be deemed to be an original, but all and such counterparts when taken together shall together constitute but one and the same instrument. This Agreement Amendment may be delivered by facsimile transmission, by electronic mail, or by other electronic transmission, in portable document format (.pdf) or otherwise, and each such executed facsimile, .pdf, or other electronic record shall be considered an original executed counterpart for purposes of this Amendment. Each party to this Amendment (a) agrees that it will be bound by its own Electronic Signature, (b) accepts the Electronic Signature of each other party to this Amendment and any document in the Collateral Interest File Transaction Document, and (c) agrees that such Electronic Signatures shall be validthe legal equivalent of manual signatures. The words “execution,” “executed”, binding “signed,” “signature,” and enforceable against a party (words of like import in this paragraph shall, for the avoidance of doubt, be deemed to include Electronic Signatures and the use and keeping of records in electronic form, each of which shall have the same legal effect, validity and enforceability as manually executed signatures and the use of paper records and paper-based recordkeeping systems, as the case may be, to the extent and as provided for in any respective successors and permitted assigns thereof) when executed and delivered by an authorized individual on behalf of such party by means of (i) an original manual signatureapplicable law, (ii) a faxed, scanned or photocopied manual signature or (iii) any other electronic signature permitted by including the federal Federal Electronic Signatures in Global and National Commerce Act, state enactments of laws based on the Uniform Electronic Transactions Act and/or Act, or any other relevant electronic signatures state law, including any relevant provisions of the Uniform Commercial Code (collectively, “Signature Law”), in each case, to the extent applicable. Each faxed, scanned or photocopied manual signature, or other electronic signature, shall for all purposes have the same validity, legal effect and admissibility in evidence as an original manual signature. Each party hereto shall be entitled to conclusively rely upon, and shall have no liability with respect to, any faxed, scanned or photocopied manual signature, or other electronic signature, of any other party and shall have no duty to investigate, confirm or otherwise verify the validity or authenticity thereof. Delivery of an executed counterpart of a signature page of this Agreement in Portable Document Format (PDF) or by electronic transmission shall be as effective as delivery of a manually executed original counterpart to this Agreement. For the avoidance of doubt, original manual signatures shall be used for execution or indorsement of writings when required under the Uniform Commercial Code or other Signature Law due to the character or intended character of the writings.

Binding Effect; No Partnership; Counterparts. The provisions of this Agreement the Master Repurchase Agreement, as amended hereby, shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns of the parties heretoassigns. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services any of the parties hereto other than hereto. For the Issuer shall be rendered purpose of facilitating the execution of this Amendment as an Independent Contractor for the Issuer. This Agreement herein provided, this Amendment may be executed simultaneously in any number of counterparts, each of which so executed shall be deemed to be an original, but all and such counterparts when taken together shall together constitute but one and the same instrument. This Agreement Facsimile, documents executed, scanned and any document in the Collateral Interest File transmitted electronically and electronic signatures shall be validdeemed original signatures for purposes of this Amendment and all matters related thereto, binding and enforceable against a party (and any respective successors and permitted assigns thereof) when executed and delivered by an authorized individual on behalf of with such party by means of (i) an original manual signature, (ii) a faxedfacsimile, scanned and electronic signatures having the same legal effect as original signatures. The parties agree that this Amendment, any addendum or photocopied manual signature or (iii) any other document necessary for the consummation of the transaction contemplated by this Amendment may be accepted, executed or agreed to through the use of an electronic signature permitted by in accordance with the federal Electronic Signatures in Global and National Commerce ActXxxxxxxx Xxx, state enactments of Xxxxx 00, Xxxxxx Xxxxxx Code, Sections 7001 et seq., the Uniform Electronic Transactions Transaction Act and/or and any other relevant electronic signatures applicable state law. Any document accepted, including any relevant provisions of the Uniform Commercial Code (collectively, “Signature Law”), executed or agreed to in each case, conformity with such laws will be binding on all parties hereto to the same extent applicable. Each faxed, scanned or photocopied manual signature, or other electronic signature, shall for all purposes have as if it were physically executed and each party hereby consents to the same validity, legal effect and admissibility in evidence as an original manual signature. Each party hereto shall be entitled to conclusively rely upon, and shall have no liability with respect to, any faxed, scanned or photocopied manual signature, or other electronic signature, use of any other third party and shall have no duty to investigate, confirm or otherwise verify the validity or authenticity thereof. Delivery of an executed counterpart of electronic signature capture service providers as may be reasonably chosen by a signature page of this Agreement in Portable Document Format (PDF) or by electronic transmission shall be as effective as delivery of a manually executed original counterpart to this Agreement. For the avoidance of doubt, original manual signatures shall be used for execution or indorsement of writings when required under the Uniform Commercial Code or other Signature Law due to the character or intended character of the writingssignatory hereto.

Binding Effect; No Partnership; Counterparts. The provisions of this Agreement the Guaranty, as amended hereby, shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns of the parties heretoassigns. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services any of the parties hereto other than hereto. For the Issuer shall be rendered purpose of facilitating the execution of this Amendment as an Independent Contractor for the Issuer. This Agreement herein provided, this Amendment may be executed simultaneously in any number of counterparts, each of which so executed shall be deemed to be an original, but all and such counterparts when taken together shall together constitute but one and the same instrument. This Agreement Amendment may be delivered by facsimile transmission, by electronic mail, or by other electronic transmission, in portable document format (.pdf) or otherwise, and any document in the Collateral Interest File each such executed facsimile, .pdf, or other electronic record shall be valid, binding and enforceable against a party (and any respective successors and permitted assigns thereof) when executed and delivered by an authorized individual on behalf of such party by means of (i) considered an original executed counterpart for purposes of this Amendment. Each party to this Amendment (a) agrees that it will be bound by its own Electronic Signature,(b) accepts the Electronic Signature of each other party to this Amendment and each Transaction Document, and (c) agrees that such Electronic Signatures shall be the legal equivalent of manual signatures. The words “execution,” “executed”, “signed,” “signature,” and words of like import in this paragraph shall, (ii) a faxedfor the avoidance of doubt, scanned or photocopied manual signature or (iii) be deemed to include Electronic Signatures and the use and keeping of records in electronic form, each of which shall have the same legal effect, validity and enforceability as manually executed signatures and the use of paper records and paper-based recordkeeping systems, as the case may be, to the extent and as provided for in any other electronic signature permitted by applicable law, including the federal Federal Electronic Signatures in Global and National Commerce Act, state enactments of laws based on the Uniform Electronic Transactions Act and/or Act, or any other relevant electronic signatures state law, including any relevant provisions of the Uniform Commercial Code (collectively, “Signature Law”), in each case, to the extent applicable. Each faxed, scanned or photocopied manual signature, or other electronic signature, shall for all purposes have the same validity, legal effect and admissibility in evidence as an original manual signature. Each party hereto shall be entitled to conclusively rely upon, and shall have no liability with respect to, any faxed, scanned or photocopied manual signature, or other electronic signature, of any other party and shall have no duty to investigate, confirm or otherwise verify the validity or authenticity thereof. Delivery of an executed counterpart of a signature page of this Agreement in Portable Document Format (PDF) or by electronic transmission shall be as effective as delivery of a manually executed original counterpart to this Agreement. For the avoidance of doubt, original manual signatures shall be used for execution or indorsement of writings when required under the Uniform Commercial Code or other Signature Law due to the character or intended character of the writings.

Binding Effect; No Partnership; Counterparts. The provisions of this the Master Repurchase Agreement and the Guarantee Agreement, as amended hereby, shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns of the parties heretoassigns. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services any of the parties hereto other than hereto. For the Issuer shall be rendered purpose of facilitating the execution of this Amendment as an Independent Contractor for the Issuer. This Agreement herein provided, this Amendment may be executed simultaneously in any number of counterparts, each of which so executed shall be deemed to be an original, but all and such counterparts when taken together shall together constitute but one and the same instrument. This Agreement Amendment may be delivered by facsimile transmission, by electronic mail, or by other electronic transmission, in portable document format (.pdf) or otherwise, and each such executed facsimile, .pdf, or other electronic record shall be considered an original executed counterpart for purposes of this Amendment. Each party to this Amendment (a) agrees that it will be bound by its own Electronic Signature, (b) accepts the Electronic Signature of each other party to this Amendment and any document in the Collateral Interest File Transaction Document, and (c) agrees that such Electronic Signatures shall be validthe legal equivalent of manual signatures. The words “execution,” “executed”, binding “signed,” “signature,” and enforceable against a party (words of like import in this paragraph shall, for the avoidance of doubt, be deemed to include Electronic Signatures and the use and keeping of records in electronic form, each of which shall have the same legal effect, validity and enforceability as manually executed signatures and the use of paper records and paper-based recordkeeping systems, as the case may be, to the extent and as provided for in any respective successors and permitted assigns thereof) when executed and delivered by an authorized individual on behalf of such party by means of (i) an original manual signatureapplicable law, (ii) a faxed, scanned or photocopied manual signature or (iii) any other electronic signature permitted by including the federal Federal Electronic Signatures in Global and National Commerce Act, state enactments of laws based on the Uniform Electronic Transactions Act and/or Act, or any other relevant electronic signatures state law, including any relevant provisions of the Uniform Commercial Code (collectively, “Signature Law”), in each case, to the extent applicable. Each faxed, scanned or photocopied manual signature, or other electronic signature, shall for all purposes have the same validity, legal effect and admissibility in evidence as an original manual signature. Each party hereto shall be entitled to conclusively rely upon, and shall have no liability with respect to, any faxed, scanned or photocopied manual signature, or other electronic signature, of any other party and shall have no duty to investigate, confirm or otherwise verify the validity or authenticity thereof. Delivery of an executed counterpart of a signature page of this Agreement in Portable Document Format (PDF) or by electronic transmission shall be as effective as delivery of a manually executed original counterpart to this Agreement. For the avoidance of doubt, original manual signatures shall be used for execution or indorsement of writings when required under the Uniform Commercial Code or other Signature Law due to the character or intended character of the writings.

Binding Effect; No Partnership; Counterparts. The Subject to Section 5.01 with respect to the Subservicer, 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. The parties hereby acknowledge and agree that the Trustee, for the benefit of the Certificateholders and as holder of the Uncertificated Lower Tier Interests, the Class A-MFL Regular Interest and the Class A-JFL Regular Interest (and if a Serviced Whole Loan is involved, for the benefit of the Certificateholders and the holders of any related Serviced Companion Loan, as a collective whole), is a third party beneficiary under this Agreement until such time as the Trustee or its designee assumes the obligations of the Master Servicer under this Agreement pursuant to Section 6.02 of this Agreement; but, except to the extent the Trustee or its designee so assumes the obligations of the Master Servicer hereunder, none of the Trust Fund, the Trustee, any successor Master Servicer or the Special Servicer, as applicable, or any Certificateholder or any holder of a Serviced Companion Loan, has any duties under this Agreement or any liabilities arising herefrom. 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 parties hereto other than the Issuer Subservicer shall be rendered as an Independent Contractor independent contractor for the IssuerMaster Servicer. This For the purpose of facilitating the execution of this Agreement as provided in this Agreement and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which so executed counterparts shall be deemed to be an original, but all and such counterparts shall together constitute but one and the same instrument. This Agreement and any document in the Collateral Interest File shall be valid, binding and enforceable against A signature of a party (and any respective successors and permitted assigns thereof) when executed and delivered by an authorized individual on behalf of such party by means of (i) an original manual signature, (ii) a faxed, scanned or photocopied manual signature or (iii) any other electronic signature permitted by the federal Electronic Signatures in Global and National Commerce Act, state enactments of the Uniform Electronic Transactions Act and/or any other relevant electronic signatures law, including any relevant provisions of the Uniform Commercial Code (collectively, “Signature Law”), in each case, to the extent applicable. Each faxed, scanned or photocopied manual signature, facsimile or other electronic signature, shall for all purposes have the same validity, legal effect and admissibility in evidence as an original manual signature. Each party hereto shall be entitled to conclusively rely upon, and shall have no liability with respect to, any faxed, scanned or photocopied manual signature, or other electronic signature, of any other party and shall have no duty to investigate, confirm or otherwise verify the validity or authenticity thereof. Delivery of an executed counterpart of a signature page of this Agreement in Portable Document Format (PDF) or by electronic transmission shall be as deemed to constitute an original and fully effective as delivery signature of a manually executed original counterpart to this Agreement. For the avoidance of doubt, original manual signatures shall be used for execution or indorsement of writings when required under the Uniform Commercial Code or other Signature Law due to the character or intended character of the writingssuch party.

Binding Effect; No Partnership; Counterparts. The provisions of this the Master Repurchase Agreement and the Guarantee Agreement, each as amended hereby, shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns of the parties heretoassigns. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the parties hereto and the services any of the parties hereto other than hereto. For the Issuer shall be rendered purpose of facilitating the execution of this Amendment as an Independent Contractor for the Issuer. This Agreement herein provided, this Amendment may be executed simultaneously in any number of counterparts, each of which so executed shall be deemed to be an original, but all and such counterparts when taken together shall together constitute but one and the same instrument. This Agreement Amendment may be delivered by facsimile transmission, by electronic mail, or by other electronic transmission, in portable document format (.pdf) or otherwise, and each such executed facsimile, .pdf, or other electronic record shall be considered an original executed counterpart for purposes of this Amendment. Each party to this Amendment (a) agrees that it will be bound by its own Electronic Signature, (b) accepts the Electronic Signature of each other party to this Amendment and any document in the Collateral Interest File Transaction Document, and (c) agrees that such Electronic Signatures shall be validthe legal equivalent of manual signatures. The words “execution,” “executed”, binding “signed,” “signature,” and enforceable against a party (words of like import in this paragraph shall, for the avoidance of doubt, be deemed to include Electronic Signatures and the use and keeping of records in electronic form, each of which shall have the same legal effect, validity and enforceability as manually executed signatures and the use of paper records and paper-based recordkeeping systems, as the case may be, to the extent and as provided for in any respective successors and permitted assigns thereof) when executed and delivered by an authorized individual on behalf of such party by means of (i) an original manual signatureapplicable law, (ii) a faxed, scanned or photocopied manual signature or (iii) any other electronic signature permitted by including the federal Federal Electronic Signatures in Global and National Commerce Act, state enactments of laws based on the Uniform Electronic Transactions Act and/or Act, or any other relevant electronic signatures state law, including any relevant provisions of the Uniform Commercial Code (collectively, “Signature Law”), in each case, to the extent applicable. Each faxed, scanned or photocopied manual signature, or other electronic signature, shall for all purposes have the same validity, legal effect and admissibility in evidence as an original manual signature. Each party hereto shall be entitled to conclusively rely upon, and shall have no liability with respect to, any faxed, scanned or photocopied manual signature, or other electronic signature, of any other party and shall have no duty to investigate, confirm or otherwise verify the validity or authenticity thereof. Delivery of an executed counterpart of a signature page of this Agreement in Portable Document Format (PDF) or by electronic transmission shall be as effective as delivery of a manually executed original counterpart to this Agreement. For the avoidance of doubt, original manual signatures shall be used for execution or indorsement of writings when required under the Uniform Commercial Code or other Signature Law due to the character or intended character of the writings.