Common use of Capmark Master Servicer Assistance Clause in Contracts

Capmark Master Servicer Assistance. (a) The Capmark Master Servicer shall make reasonable efforts to do any and all things reasonably requested by the Primary Servicer to enable the Primary Servicer to render the Services, including, without limitation, delivering to the Trustee any receipts or other documentation that the Trustee may require to allow it to release any Mortgage Files or documents contained therein or acquired in respect thereof requested by the Primary Servicer. Notwithstanding any other provision of this Agreement to the contrary and any other notwithstanding provisions in this Agreement (including any contrary provision of Exhibit B-2), the Primary Servicer shall do any and all things reasonably requested by the Capmark Master Servicer to enable the Capmark Master Servicer to comply with its obligations under the Pooling and Servicing Agreement. Before the Capmark Master Servicer releases all or any portion of any Mortgage File or document contained therein or acquired in respect thereof to the Primary Servicer, the Capmark Master Servicer may require the Primary Servicer to execute a receipt therefor or, in the event of a Mortgage Loan or an A/B Mortgage Loan that has been repaid in full, a certificate with respect to the payment in full of the related Mortgage Loan or A/B Mortgage Loan. (b) If required in connection with the provision of the Services, the Capmark Master Servicer shall furnish, or cause to be furnished, to the Primary Servicer, upon request, any powers of attorney of the Capmark Master Servicer or the Trustee, empowering the Primary Servicer to take such actions as it determines to be reasonably necessary to comply with its Servicing duties hereunder or to enable the Primary Servicer to service and administer such Mortgage Loans and A/B Mortgage Loans and carry out its duties hereunder, in each case in accordance with the Servicing Standard and the terms of this Agreement. The Primary Servicer hereby agrees to indemnify the Capmark Master Servicer and the Trustee from any loss, damage, expense or claim relating to misuse or wrongful use of any such power of attorney.

Capmark Master Servicer Assistance. (a) The Capmark Master Servicer shall make reasonable efforts to do any and all things reasonably requested by the Primary Servicer Subservicer to enable the Primary Servicer Subservicer to render the Services, including, without limitation, delivering to the Trustee any receipts or other documentation that the Trustee may require to allow it to release any Mortgage Files or documents contained therein or acquired in respect thereof requested by the Primary ServicerSubservicer. Notwithstanding any other provision of this Agreement to the contrary and any other notwithstanding provisions in this Agreement (including any contrary provision of Exhibit B-2B-5), the Primary Servicer Subservicer shall do any and all things reasonably requested by the Capmark Master Servicer to enable the Capmark Master Servicer to comply with its obligations under the Pooling and Servicing Agreement. Before the Capmark Master Servicer releases all or any portion of any Mortgage File or document contained therein or acquired in respect thereof to the Primary ServicerSubservicer, the Capmark Master Servicer may require the Primary Servicer Subservicer to execute a receipt therefor or, in the event of a Mortgage Loan or an A/B Mortgage Loan that has been repaid in full, a certificate with respect to the payment in full of the related Mortgage Loan or A/B Mortgage Loan. (b) The Capmark Master Servicer shall deliver to the Subservicer the Power of Attorney on or before the Closing Date. If required in connection with the provision of the Services, the Capmark Master Servicer shall furnish, or cause to be furnished, to the Primary ServicerSubservicer, upon request, any powers of attorney of the Capmark Master Servicer or the Trustee, empowering the Primary Servicer Subservicer to take such actions as it determines to be reasonably necessary to comply with its Servicing duties hereunder or to enable the Primary Servicer Subservicer to service and administer such Mortgage Loans and A/B the Mortgage Loans and carry out its duties hereunder, in each case in accordance with the Servicing Standard and the terms of this Agreement. The Primary Servicer Subservicer hereby agrees to indemnify the Capmark Master Servicer and the Trustee from any loss, damage, expense or claim relating to misuse or wrongful use of any such power of attorney.