Common use of Deliveries in Connection with Securitization of a Serviced Non-Trust Mortgage Loan Clause in Contracts

Deliveries in Connection with Securitization of a Serviced Non-Trust Mortgage Loan. (a) Each of the Master Servicer and the Special Servicer shall, upon reasonable written request, permit a related Serviced Non-Trust Mortgage Loan Noteholder to use such party's description contained in the Prospectus Supplement (updated as appropriate by the Master Servicer or the Special Servicer, as applicable) for inclusion in the disclosure materials relating to any securitization of a Serviced Non-Trust Mortgage Loan. (b) The Master Servicer shall timely provide to the depositor, the mortgage loan sellers and any underwriters with respect to the securitization of any Serviced Non-Trust Mortgage Loan such opinion(s) of counsel and/or indemnification agreement(s) with respect to the updated description referred in Section 3.29(a) with respect to such party, substantially identical to those, if any, delivered by the Master Servicer in connection with the information concerning such party in the Prospectus Supplement and/or any other disclosure materials relating to the Subject Securitization Transaction. The Special Servicer shall timely provide to the depositor, the mortgage loan sellers and any underwriters with respect to the securitization of any Serviced Non-Trust Mortgage Loan such certification(s) with respect to the updated description referred in Section 3.29(a) with respect to such party, substantially identical to that or those, if any, delivered by the Special Servicer in connection with the information concerning such party in the Prospectus Supplement and/or any other disclosure materials relating to the Subject Securitization Transaction. Neither the Master Servicer nor the Special Servicer shall be obligated to deliver any such item with respect to the securitization of a Serviced Non-Trust Mortgage Loan if it did not deliver a corresponding item with respect to the Subject Securitization Transaction.

Deliveries in Connection with Securitization of a Serviced Non-Trust Mortgage Loan. (a) Each of the Master Servicer and the Special Servicer shall, upon reasonable written request, permit a related Serviced Non-Trust Mortgage Loan Noteholder to use such party's description contained in the Prospectus Supplement (updated as appropriate by the Master Servicer or the Special Servicer, as applicable) for inclusion in the disclosure materials relating to any securitization of a Serviced Non-Trust Mortgage Loan. (b) The Master Servicer shall and the Special Servicer shall, upon reasonable written request, each timely provide (to the depositor, extent the mortgage loan sellers reasonable cost thereof is paid or caused to be paid by the requesting party) to the depositor and any underwriters with respect to the securitization of any Serviced Non-Trust Mortgage Loan such opinion(s) of counsel counsel, certifications and/or indemnification agreement(s) with respect to the updated description referred in Section 3.29(a) with respect to such party, substantially identical to those, if any, delivered by the Master Servicer in connection with the information concerning such party in the Prospectus Supplement and/or any other disclosure materials relating to the Subject Securitization Transaction. The Special Servicer shall timely provide to the depositor, the mortgage loan sellers and any underwriters with respect to the securitization of any Serviced Non-Trust Mortgage Loan such certification(s) with respect to the updated description referred in Section 3.29(a) with respect to such party, substantially identical to that or those, if any, delivered by the Special Servicer Servicer, as the case may be, or their respective counsel, in connection with the information concerning such party in the Prospectus Supplement and/or any other disclosure materials relating to the Subject Securitization Transaction. Neither the Master Servicer nor the Special Servicer shall be obligated to deliver any such item with respect to the securitization of a Serviced Non-Trust Mortgage Loan if it did not deliver a corresponding item with respect to the Subject Securitization Transaction. (c) Notwithstanding any other provision of this Agreement to the contrary, including any time deadlines for delivery set forth in Section 3.13 and/or Section 3.14, to the extent that this Agreement obligates any party hereto to deliver any specific certifications, documents, reports, statements or other information to the depositor and/or trustee of any other securitization involving a Serviced Non-Trust Mortgage Loan and the issuance of publicly offered securities, and such obligation would not otherwise arise hereunder if such securitization was not subject to Regulation AB and/or the related securitization trust was not otherwise subject to Exchange Act reporting, then such party shall not be in default hereunder for failure to deliver any particular such item or other information unless and until it has received written notice, or otherwise has actual knowledge, at least 15 days in advance of the required delivery of the particular item or other information in question, that such delivery is required or that such Serviced Non-Trust Mortgage Loan has been or will be included in a securitization subject to Regulation AB and/or as to which the related securitization trust is or will be subject to Exchange Act reporting. The Depositor, if it is the depositor for the securitization of the subject Serviced Non-Trust Mortgage Loan, agrees to use reasonable efforts to provide 30 days prior written notice to the Master Servicer, Special Servicer and Trustee of the requirement to deliver any item required under Section 3.13 and/or Section 3.14 to be delivered to the related securitization trust. Any reasonable cost and expense of the Master Servicer, Special Servicer and the Trustee in cooperating with such depositor or trustee of such securitization trust (above and beyond their expressed duties hereunder) shall be the responsibility of such depositor or other securitization trust. The parties hereto shall have the right to require that such depositor or trustee provide them with the contact information for the depositor, the trustee or other applicable recipient party, as applicable, to the securitization agreement memorializing such securitization trust.

Deliveries in Connection with Securitization of a Serviced Non-Trust Mortgage Loan. (a) Each of the Master Servicer and the Special Servicer shall, upon reasonable written request, permit a related Serviced Non-Trust Mortgage Loan Noteholder to use such party's description contained in the Prospectus Supplement (updated as appropriate by the Master Servicer or the Special Servicer, as applicable) for inclusion in the disclosure materials relating to any securitization of a Serviced Non-Trust Mortgage Loan. (b) The Master Servicer shall and the Special Servicer shall, upon reasonable written request, each timely provide (to the depositor, extent the mortgage loan sellers reasonable cost thereof is paid or caused to be paid by the requesting party) to the depositor and any underwriters with respect to the securitization of any Serviced Non-Trust Mortgage Loan such opinion(s) of counsel counsel, certifications and/or indemnification agreement(s) with respect to the updated description referred in Section 3.29(a3.30(a) with respect to such party, substantially identical to those, if any, delivered by the Master Servicer in connection with the information concerning such party in the Prospectus Supplement and/or any other disclosure materials relating to the Subject Securitization Transaction. The Special Servicer shall timely provide to the depositor, the mortgage loan sellers and any underwriters with respect to the securitization of any Serviced Non-Trust Mortgage Loan such certification(s) with respect to the updated description referred in Section 3.29(a) with respect to such party, substantially identical to that or those, if any, delivered by the Special Servicer Servicer, as the case may be, or their respective counsel, in connection with the information concerning such party in the Prospectus Supplement and/or any other disclosure materials relating to the Subject Securitization Transaction. Neither the Master Servicer nor the Special Servicer shall be obligated to deliver any such item with respect to the securitization of a Serviced Non-Trust Mortgage Loan if it did not deliver a corresponding item with respect to the Subject Securitization Transaction. (c) Notwithstanding any other provision of this Agreement to the contrary, including any time deadlines for delivery set forth in Section 3.13 and/or Section 3.14, to the extent that this Agreement obligates any party hereto to deliver any specific certifications, documents, reports, statements or other information to the depositor and/or trustee of any other securitization involving a Serviced Non-Trust Mortgage Loan and the issuance of publicly offered securities, and such obligation would not otherwise arise hereunder if such securitization was not subject to Regulation AB and/or the related securitization trust was not otherwise subject to Exchange Act reporting, then such party shall not be in default hereunder for failure to deliver any particular such item or other information unless and until it has received written notice, or otherwise has actual knowledge, at least 15 days in advance of the required delivery of the particular item or other information in question, that such delivery is required or that such Serviced Non-Trust Mortgage Loan has been or will be included in a securitization subject to Regulation AB and/or as to which the related securitization trust is or will be subject to Exchange Act reporting. The Depositor, if it is the depositor for the securitization of the subject Serviced Non-Trust Mortgage Loan, agrees to use reasonable efforts to provide 30 days prior written notice to the Master Servicer, Special Servicer and Trustee of the requirement to deliver any item required under Section 3.13 and/or Section 3.14 to be delivered to the related securitization trust. Any reasonable cost and expense of the Master Servicer, Special Servicer and the Trustee in cooperating with such depositor or trustee of such securitization trust (above and beyond their expressed duties hereunder) shall be the responsibility of such depositor or other securitization trust. The parties hereto shall have the right to require that such depositor or trustee provide them with the contact information for the depositor, the trustee or other applicable recipient party, as applicable, to the securitization agreement memorializing such securitization trust.