Common use of Covenants of the Master Servicer and each Servicer Clause in Contracts

Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows: (i) Such Servicer or the Master Servicer shall comply in the performance of its obligations under this Agreement with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and (ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement will contain any untrue statement of a material fact. (b) Each Servicer and the Master Servicer agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Servicer, the Master Servicer, the Depositor or the Trustee, as a result of a breach of such Servicer’s or Master Servicer’s, as applicable, covenants set forth above in Section 2.08(a), provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, the Designated Servicers, the Custodians, any Subcontractor or any Sub-Servicer.

Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows: (i) Such Servicer or the Master Servicer shall comply in the performance of its obligations under this Agreement with all reasonable rules and requirements of the insurer under each applicable Mortgage Guaranty Insurance Policy; and (ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement will contain any untrue statement of a material fact. (b) Each Servicer and the Master Servicer agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Servicer, the Master Servicer, the Depositor or the Trustee, as a result of a breach of such Servicer’s or Master Servicer’s, as applicable, covenants set forth above in Section 2.08(a), ; provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, the Designated Servicers, the Custodians, any Subcontractor or any Sub-Servicer.

Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows: (i) Such Servicer or the Master Servicer shall comply in the performance of its obligations under this Agreement with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and (ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement will contain any untrue statement of a material fact. (b) Each Servicer and the Master Servicer agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator Depositor and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Servicer, the Master Servicer, the Depositor or the Trustee, as a result of a breach of such Servicer’s or Master Servicer’s, as applicable, covenants set forth above in Section 2.08(a), provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, the Designated Servicers, the Custodians, any Subcontractor or any Sub-Servicer.

Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows: (i) Such Servicer or the Master Servicer shall comply in the performance of its obligations under this Agreement with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and (ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement will contain any untrue statement of a material fact. (b) Each Servicer and the Master Servicer agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Servicer, the Master Servicer, the Depositor or the Trustee, as a result of a breach of such Servicer’s or Master Servicer’s, as applicable, covenants set forth above in Section 2.08(a), provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, the Designated Servicers, the Yield Maintenance Agreement Counterparty, the Custodians, any Subcontractor or any Sub-Servicer.

Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows: (i) Such Servicer or the Master Servicer shall comply in the performance of its obligations under this Agreement in all material respects with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and (ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement will shall contain any untrue statement of a material fact. (b) Each The Master Servicer and the Master each Servicer agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the ServicerDepositor, the Master Servicer, the Depositor Trust Administrator or the Trustee, as a result of a breach of the Master Servicer's or such Servicer’s or Master Servicer’s's, as applicable, covenants set forth above in Section 2.08(a), provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, the Designated Servicers, the Custodians, any Subcontractor or any Sub-Servicer.. -44- ARTICLE III ADMINISTRATION AND SERVICING OF MORTGAGE LOANS

Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows: (i) Such Servicer or the Master Servicer shall comply in the performance of its obligations under this Agreement with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and (ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement will contain any untrue statement of a material fact. (b) Each Servicer and the Master Servicer agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Servicer, the Master Servicer, the Depositor or the Trustee, as a result of a breach of such Servicer’s or Master Servicer’s, as applicable, covenants set forth above in Section 2.08(a), provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, the Designated Servicers, the Yield Maintenance Agreement Counterparty, the Custodians, any Subcontractor or any Sub-Servicer (other than those Sub-contractors or Sub-servicers retained by the Master Servicer, if any).

Covenants of the Master Servicer and each Servicer. (a) The Master Servicer and each Servicer, severally and not jointly, hereby covenants to the Depositor, the Trustee and the Trust Administrator as follows: (i) Such Servicer or the Master Servicer shall comply in the performance of its obligations under this Agreement with all reasonable rules and requirements of the insurer under each Mortgage Guaranty Insurance Policy; and (ii) No written information, certificate of an officer, statement furnished in writing or written report delivered to the Depositor, any affiliate of the Depositor, the Trustee or the Trust Administrator and prepared by the Master Servicer or such Servicer pursuant to this Agreement will contain any untrue statement of a material fact. (b) Each Servicer and the Master Servicer agrees to indemnify the Trust Fund, the Depositor, the Master Servicer, the Trust Administrator and the Trustee for losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses imposed on or incurred by the Trust Fund, the Servicer, the Master Servicer, the Depositor or the Trustee, as a result of a breach of such Servicer’s or Master Servicer’s, as applicable, covenants set forth above in Section 2.08(a), ; provided that the Master Servicer shall not provide indemnification for any damages caused by information provided to the Master Servicer by any other party to this Agreement, the Designated Servicers, the Interest Rate Cap Counterparty, the Yield Maintenance Agreement Counterparty, the Custodians, any Subcontractor or any Sub-Servicer.