Compensatory Fees. 33.6.1. XXX will assess compensatory fees as described in Section M of the IAH, and notify Agent of the amount and the date on which payment will be due.
Compensatory Fees. The importing Party, in accordance with its legislation and in conformity with the provisions of this Agreement, the GATT, the Agreement on Implementation of Article VI of the GATT (Antidumping Code), the Agreement on the Interpretation and Application of Articles VI, XVI and XXIII of the GATT (Subsidies and Countervailing Duties Code), may establish and apply countervailing duties in the event of situations in which, through an objective examination based on positive evidence:
a) the existence of imports is determined:
i) under conditions of dumping; or
ii) of goods that have received export subsidies, including subsidies other than those granted to exports, that adversely affect the conditions of normal competition; and
b) the existence of injury or threat of injury to the domestic production of identical or similar goods in the importing Party or the significant delay in the commencement of such production, as a result of such imports of identical or similar goods from another Party, is proven.
Compensatory Fees. Any compensatory fees, fines, penalties or other monies assessed by the Governmental Entity for failure to adhere to the applicable Governmental Entity Guidelines in servicing the Mortgage Loans, including without limitation applicable foreclosure, reporting and remitting timelines.
Compensatory Fees. (a) As between Purchaser and Seller, Seller shall be responsible and liable to FHLMC for FHLMC-imposed fees or penalties related to any Mortgage Loan foreclosures exceeding FHLMC’s required timelines (the “Agency Fees”) that pertain to the period prior to each Servicing Transfer Date, and shall be responsible and liable to Purchaser if such Agency Fees are recovered by FHLMC from Purchaser; provided, that nothing herein is intended to limit or otherwise impair the right of Seller to dispute with FHLMC any responsibility or liability for such amounts claimed thereby. Purchaser shall notify Seller within five (5) Business Days of any FHLMC demands for such Agency Fees and permit Seller to reasonably contest and/or appeal such demands (to the extent permissible by FHLMC), and if requested by Seller, Purchaser shall pay such Agency Fees subject to a written reservation of Seller’s rights to dispute such Agency Fees.
(b) Notwithstanding Section 11.05(a), Seller shall use its commercially reasonable efforts to execute a settlement agreement with FHLMC (and shall timely pay any amounts to FHLMC as required in accordance with the terms thereof) within ninety (90) days following the Effective Date with respect to any Agency Fees outstanding as of the Sale Date; provided, that, during such ninety (90) day period, Seller and Purchaser shall negotiate in good faith to determine a framework with respect to the obligations of each party to pay any such Agency Fees, which framework shall take effect upon the expiration of such ninety (90) day period in the event that Seller and FHLMC do not execute such settlement agreement prior thereto.
Compensatory Fees. 7.1. The compensatory fee will be calculated and charged based on a formula approved by the ARC Board of Directors. ARC will notify the Agent of the amount and the date on which payment will be due.
7.2. Agent acknowledges and agrees that XXX will assess a compensatory fee for each dishonored draft for payment of Sales Reports to defray processing costs associated with the handling of dishonored draft, interest expense, and special service costs described in Section 36.12 of the ARA.
7.3. Agent acknowledges and agrees that ARC will assess a compensatory fee for Unreported Sales and Improperly Reported Transactions and failure to timely file Sales Reports to defray costs associated with the processing and handling of the resolution of Unreported Sales and Improperly Reported Transactions, costs attributable to Agent’s failure to timely Submit a Sales Report, and special service costs described in Section 36.12 of the ARA.
7.4. XXX will not assess more than one compensatory fee to Agent per any given late or missing Sales Report.
7.5. Agent authorizes ARC to collect the charge by issuing a draft against the Agent’s designated bank account. Alternatively, the Agent must make payment directly to ARC if required by ARC notice.
Compensatory Fees. The compensatory fee will be calculated and charged based on a formula approved by the ARC Board of Directors. ARC will notify the Agent of the amount and the date on which payment will be due.
Compensatory Fees. Fees or penalties imposed by an Investor on the Servicer with respect to the Mortgage Loans as compensation for damages that may be incurred as the result of the Servicer’s failure to comply with a specific policy or procedure or to emphasize the importance an Investor places on a particular aspect of the Servicer’s performance pursuant to the Servicing Agreement, including but not limited to an unjustifiable failure to complete a Foreclosure within an Investor’s required state foreclosure timelines.
Compensatory Fees. Seller agrees to reimburse Purchaser for any Compensatory Fees with respect to Mortgage Loans that are imposed by an Investor with respect to the servicing of any Mortgage Loan prior to the Transfer Date. Purchaser shall notify Seller within ten (10) Business Days of any demand from an Investor for such amounts and permit Seller to reasonably contest and/or appeal such demands and, if requested by Seller, Purchaser shall pay such amounts from funds provided by Seller subject to a written reservation of Seller’s rights to dispute such amounts. Purchaser agrees to cooperate with reasonable requests by Seller to compile information required to appeal the Compensatory Fee assessment. Seller shall provide Purchaser with all funds relating to the payment of Compensatory Fees or penalties that are the responsibility of Seller pursuant to this Section 10.5 in a timely manner so as to allow Purchaser to comply with Applicable Requirements regarding the payment of such amounts to an Investor. Any amount paid by Seller pursuant to this Section 10.5 shall be without duplication of amounts paid pursuant to Sections 10.1 or 10.2. Article XI
Compensatory Fees. With respect to each Xxxxxx Xxx Mortgage Loan and Xxxxxxx Xxx Mortgage Loan, there are no outstanding, unpaid and/or accrued Compensatory Fees.
Compensatory Fees. The Seller shall reimburse the Purchaser for any Compensatory Fees with respect to the Mortgage Loans which are asserted by an Investor with respect to the servicing of any Mortgage Loan prior to the Transfer Date; provided, that nothing herein is intended to limit or otherwise impair the right or ability of the Seller to dispute with the applicable Investor any responsibility or liability for such amounts claimed by such Investor. For the avoidance of doubt, the Seller shall be responsible for all Compensatory Fees imposed by an Investor prior to the Transfer Date or relating to Mortgage Loans for which foreclosure has been completed prior to the Transfer Date. The Purchaser shall notify the Seller within ten (10) Business Days of any demand from an Investor for such amounts and permit the Seller to reasonably contest and/or appeal such demands and, if requested by the Seller, the Purchaser shall pay such amounts from funds provided by Seller subject to a written reservation of the Seller’s rights to dispute such amounts. The Seller shall provide the Purchaser with all funds relating to the payment of Compensatory Fees that are the responsibility of the Seller pursuant to this Section 6.3 in a timely manner so as to allow the Purchaser to comply with Applicable Requirements regarding the payment of such amounts to the applicable Investor.
