Examination of Submitted Mortgage Files. As provided in Section 2.01(b) above, the Seller shall make the related Submitted Mortgage File with respect to each Mortgage Loan available for examination by the Purchaser via secure electronic transmission. Such examination of the Submitted Mortgage Files may be made by the Purchaser or its designee at any reasonable time before the related Closing Date. The fact that the Purchaser or its designee has conducted or has failed to conduct any partial or complete examination of the Submitted Mortgage Files shall not impair in any way the Purchaser’s (or any of its successor’s) rights to demand repurchase, substitution or other relief as provided in this Agreement, provided, however, that the Purchaser (or any of its successors) may not, following the related Closing Date, demand repurchase, substitution or other relief with respect to a Mortgage Loan based on a breach of a representation or warranty set forth in Section 3.02 that is disclosed as to such Mortgage Loan in the applicable Purchase Price and Terms Agreement.
Appears in 4 contracts
Samples: Flow Commercial Mortgage Loan Purchase Agreement (Pennymac Financial Services, Inc.), Flow Commercial Mortgage Loan Purchase Agreement (PennyMac Mortgage Investment Trust), Commercial Mortgage Loan Purchase Agreement (Pennymac Financial Services, Inc.)