Common use of ENFORCING OBLIGATIONS OF THE SERVICERS Clause in Contracts

ENFORCING OBLIGATIONS OF THE SERVICERS. (a) Notwithstanding anything in this Agreement or the Credit Risk Management Agreements to the contrary, the Trustee shall not have any duty or obligation to enforce any Credit Risk Management Agreement or to supervise, monitor or oversee the activities of the Credit Risk Manager or the Servicers under the Credit Risk Management Agreements or this Agreement with respect to any action taken or not taken by the related Servicer pursuant to a recommendation of the Credit Risk Manager or otherwise in connection with obligations of the Servicer under the related Credit Risk Management Agreement. To the extent that the costs and expenses of the Trustee related to any termination of a Servicer, appointment of a Successor Servicer or the transfer and assumption of servicing by the Trustee with respect to this Agreement (including, without limitation, (i) all legal costs and expenses and all due diligence costs and expenses associated with an evaluation of the potential termination of the related Servicer as a result of an event of default by such Person and (ii) all costs and expenses associated with the complete transfer of servicing, including all servicing files and all servicing data and the completion, correction or manipulation of such servicing data as may be required by the Successor Servicer to correct any errors or insufficiencies in the servicing data or otherwise to enable the successor servicer to service the related Mortgage Loans in accordance with this Agreement or the M&T Servicing Agreement, as applicable) are not fully and timely reimbursed by the related Servicer, the Trustee shall be entitled to reimbursement of such costs and expenses from the Distribution Account. (b) If the Trustee acts as a Successor Servicer to a Servicer, it will not assume liability for the representations and warranties of the related Servicer contained in this Agreement or the M&T Servicing Agreement.

ENFORCING OBLIGATIONS OF THE SERVICERS. (a) Notwithstanding anything in this Agreement or the Credit Risk Management Agreements Agreement to the contrary, the Trustee shall not have any duty or obligation to enforce any the Credit Risk Management Agreement or to supervise, monitor or oversee the activities of the Credit Risk Manager or the Servicers related Servicer under the Credit Risk Management Agreements or this Agreement with respect to any action taken or not taken by the related Servicer pursuant to a recommendation of the Credit Risk Manager or otherwise in connection with obligations of the Servicer under the related Credit Risk Management AgreementManager. To the extent that the costs and expenses of the Trustee related to any termination of a the related Servicer, appointment of a Successor Servicer or the transfer and assumption of servicing by the Trustee with respect to this Agreement (including, without limitation, (i) all legal costs and expenses and all due diligence costs and expenses associated with an evaluation of the potential termination of the related Servicer as a result of an event of default by such Person and (ii) all costs and expenses associated with the complete transfer of servicing, including all servicing files and all servicing data and the completion, correction or manipulation of such servicing data as may be required by the Successor Servicer to correct any errors or insufficiencies in the servicing data or otherwise to enable the successor servicer service to service the related Mortgage Loans in accordance with this Agreement or the M&T Servicing Agreement, as applicable) are not fully and timely reimbursed by the related Servicer, the Trustee shall be entitled to reimbursement of such costs and expenses from the Distribution Account. (b) If the Trustee acts as a Successor Servicer to a Servicer, it will not assume liability for the representations and warranties of the related such Servicer contained in this Agreement or the M&T Servicing Agreementherein.

ENFORCING OBLIGATIONS OF THE SERVICERS. (a) Notwithstanding anything in this Agreement or the Credit Risk Management Agreements to the contrary, the Trustee shall not have any duty or obligation to enforce any Credit Risk Management Agreement or to supervise, monitor or oversee the activities of the Credit Risk Manager or the Servicers under the Credit Risk Management Agreements or this Agreement with respect to any action taken or not taken by the related Servicer pursuant to a recommendation of the Credit Risk Manager or otherwise in connection with obligations of the Servicer under the related Credit Risk Management Agreement. To the extent that the costs and expenses of the Trustee related to any termination of a Servicer, appointment of a Successor Servicer or the transfer and assumption of servicing by the Trustee with respect to this Agreement (including, without limitation, (i) all legal costs and expenses and all due diligence costs and expenses associated with an evaluation of the potential termination of the related Servicer as a result of an event of default by such Person and (ii) all costs and expenses associated with the complete transfer of servicing, including all servicing files and all servicing data and the completion, correction or manipulation of such servicing data as may be required by the Successor Servicer to correct any errors or insufficiencies in the servicing data or otherwise to enable the successor servicer to service the related Mortgage Loans in accordance with this Agreement, the M&T Servicing Agreement or the M&T GreenPoint Servicing Agreement, as applicable) are not fully and timely reimbursed by the related Servicer, the Trustee shall be entitled to reimbursement of such costs and expenses from the related Distribution Account. (b) If the Trustee acts as a Successor Servicer to a Servicer, it will not assume liability for the representations and warranties of the related Servicer contained in this Agreement, the M&T Servicing Agreement or the M&T GreenPoint Servicing Agreement.

ENFORCING OBLIGATIONS OF THE SERVICERS. (a) Notwithstanding anything in this Agreement or the Credit Risk Management Agreements Agreement to the contrary, the Trustee shall not have any duty or obligation to enforce any the Credit Risk Management Agreement or to supervise, monitor or oversee the activities of the Credit Risk Manager or the Servicers Option One under the Credit Risk Management Agreements or this Agreement with respect to any action taken or not taken by the related Servicer Option One pursuant to a recommendation of the Credit Risk Manager or otherwise in connection with obligations of the Servicer under the related Credit Risk Management AgreementManager. To the extent that the costs and expenses of the Trustee related to any termination of a the related Servicer, appointment of a Successor Servicer or the transfer and assumption of servicing by the Trustee with respect to this Agreement or the Servicing Agreement (including, without limitation, (i) all legal costs and expenses and all due diligence costs and expenses associated with an evaluation of the potential termination of the related Servicer as a result of an event of default by such Person and (ii) all costs and expenses associated with the complete transfer of servicing, including all servicing files and all servicing data and the completion, correction or manipulation of such servicing data as may be required by the Successor Servicer to correct any errors or insufficiencies in the servicing data or otherwise to enable the successor servicer service to service the related Mortgage Loans in accordance with this Agreement or the M&T Servicing Agreement, as applicable) are not fully and timely reimbursed by the related Servicer, the Trustee shall be entitled to reimbursement of such costs and expenses from the Distribution Account. (b) If the Trustee acts as a Successor Servicer to a Servicerservicer, it will not assume liability for the representations and warranties of the related a Servicer contained in this Agreement or the M&T Servicing Agreementthat it replaces.