Common use of Custodial Charges Clause in Contracts

Custodial Charges. Except as set forth in Section 5(c) above for Mortgages as to which Seller/Servicer is acting as Interim Servicer, pursuant to Guide Section 2202.1, compensation for Document Custodian's services, including (without limitation) expenses for shipping released documents and any action taken at the request or demand of Freddie Mac, is the sole responsibility of Seller/Servicer. All fees and other amounts that Document Custodian charges will be ordinary and customary and similar to other fees charged to similarly situated customers without use of adverse selection. (1) Seller/Servicer and Document Custodian will enter into a written agreement regarding Document Custodian’s charges and fees for certifying, holding, releasing, copying, and other activities relating to the Notes; provided, however, that such agreement may not contain terms that relate to the substance of this Agreement, including (without limitation) Freddie Mac’s ability to gain access to or remove the Notes without the Seller/Servicer’s consent. In the event of a conflict between any such agreement and this Agreement, this Agreement will govern. (2) If Freddie Mac should, in its sole discretion, transfer the duties and obligations of Seller/Servicer and terminate the custodial relationship established by this Agreement, Document Custodian shall continue to perform its obligations hereunder for a reasonable time on the same terms and conditions as set forth herein, but Freddie Mac shall not be obligated to pay any compensation or fee to Document Custodian for holding or releasing any Notes during that period.

Custodial Charges. Except as set forth in Section 5(c) above for Mortgages as to which Seller/Servicer is acting as Interim Servicer, pursuant to Guide Section 2202.1, compensation for Document Custodian's services, including (without limitation) expenses for shipping released documents and any action taken at the request or demand of Freddie Xxxxxxx Mac, is the sole responsibility of Seller/Servicer. All fees and other amounts that Document Custodian charges will be ordinary and customary and similar to other fees charged to similarly situated customers without use of adverse selection. (1) Seller/Servicer and Document Custodian will enter into a written agreement regarding Document Custodian’s charges and fees for certifying, holding, releasing, copying, and other activities relating to the Notes; provided, however, that such agreement may not contain terms that relate to the substance of this Agreement, including (without limitation) Freddie Xxxxxxx Mac’s ability to gain access to or remove the Notes without the Seller/Servicer’s consent. In the event of a conflict between any such agreement and this Agreement, this Agreement will govern. (2) If Freddie Xxxxxxx Mac should, in its sole discretion, transfer the duties and obligations of Seller/Servicer and terminate the custodial relationship established by this Agreement, Document Custodian shall continue to perform its obligations hereunder for a reasonable time on the same terms and conditions as set forth herein, but Freddie Xxxxxxx Mac shall not be obligated to pay any compensation or fee to Document Custodian for holding or releasing any Notes during that period.