Common use of NO ASSIGNMENT OR DELEGATION OF DUTIES BY SERVICER Clause in Contracts

NO ASSIGNMENT OR DELEGATION OF DUTIES BY SERVICER. Except as expressly provided in this Agreement, the Servicer shall not pledge, assign, or transfer any of its rights, benefits, or privileges under this Agreement to any other Person, or delegate to or subcontract with, authorize, or appoint any other Person to perform any of the duties, covenants, or obligations to be performed by the Servicer hereunder, without the prior written consent of the Owner, which consent shall not be unreasonably withheld and any agreement, instrument, or act purporting to effect any such assignment, transfer, delegation, or appointment shall be void. Notwithstanding the foregoing, the Servicer shall have the right without the prior written consent of the Owner and hereby agrees to delegate to or subcontract with or authorize or appoint an Affiliate of the Servicer to perform and carry out any duties, covenants, or obligations to be performed and carried out by the Servicer hereunder to the extent that such duties, covenants, or obligations are to be performed in any state or states in which the Servicer is not authorized to do business as a foreign corporation but in which the Affiliate is so authorized. In no case, shall any permitted assignment relieve the Servicer of any liability to the Owner hereunder. Notwithstanding an other provision of this Agreement, Servicer shall have the right to assign, transfer or pledge any right Servicer has to receive payment under this Agreement without the consent of, or notice to, the Owner.

NO ASSIGNMENT OR DELEGATION OF DUTIES BY SERVICER. The Servicer, as an independent contractor, shall service and administer the Loans and shall have full power and authority, acting alone, to do any and all things in connection with such servicing and administration which the Servicer may deem necessary or desirable and consistent with the terms of this Agreement. The Servicer may not enter into subservicing agreements for any servicing and administration of Loans without the prior written consent of the Required Noteholders and the Trustee (acting at the written direction of the Required Noteholders) (which consent shall not be unreasonably withheld) and without notice thereof to the Rating Agency. Except as expressly provided in this Agreementherein, the Servicer shall not pledge, assign, assign or transfer any of its rights, benefits, benefits or privileges under this Agreement hereunder to any other Person, or delegate to or subcontract with, authorize, or authorize or appoint any other Person to perform any of the duties, covenants, covenants or obligations to be performed by the Servicer hereunder, without notice to the Rating Agency and without the prior written consent of the Owner, Required Noteholders and the Trustee (acting at the written direction of the Required Noteholders) (which consent shall not be unreasonably withheld withheld), and absent such written consent any agreement, instrument, instrument or act purporting to effect any such assignment, transfer, delegation, delegation or appointment shall be void. Notwithstanding the foregoingThe Servicer shall be liable for all acts and omissions of any delegate, subcontractor or other agent appointed pursuant to this Agreement. Nothing contained in this Section 3.2 shall prohibit or be deemed to prohibit the Servicer shall have the right without the prior written consent of the Owner and hereby agrees from contracting with third parties to delegate to or subcontract with or authorize or appoint an Affiliate perform duties that are not duties of the Servicer to perform and carry out any duties, covenants, or obligations to be performed and carried out by hereunder that the Servicer hereunder to deems reasonably necessary in connection with the extent that such dutiesservicing of the Loans including, covenantswithout limitation, or obligations are to be performed in any state or states in which the Servicer is not authorized to do business as a foreign corporation but in which the Affiliate is so authorized. In no casetitle work, shall any permitted assignment relieve the Servicer of any liability to the Owner hereunder. Notwithstanding an other provision of this Agreementsurveying, Servicer shall have the right to assignenvironmental consulting, transfer or pledge any right Servicer has to receive payment under this Agreement without the consent ofproperty management and maintenance, or notice toconstruction, the Ownerengineering and architectural consulting.

NO ASSIGNMENT OR DELEGATION OF DUTIES BY SERVICER. The Servicer, as an independent contractor, shall service and administer the Loans and shall have full power and authority, acting alone, to do any and all things in connection with such servicing and administration which the Servicer may deem necessary or desirable and consistent with the terms of this Agreement. The Servicer may not enter into subservicing agreements for any servicing and administration of Loans without the prior written consent of the Trustee and the Required Noteholders (which consent shall not be unreasonably withheld) and without notice thereof to the Rating Agency. Except as expressly provided in this Agreementherein, the Servicer shall not pledge, assign, assign or transfer any of its rights, benefits, benefits or privileges under this Agreement hereunder to any other Person, or delegate to or subcontract with, authorize, or authorize or appoint any other Person to perform any of the duties, covenants, covenants or obligations to be performed by the Servicer hereunder, without notice to the Rating Agency and without the prior written consent of the Owner, Trustee and the Required Noteholders (which consent shall not be unreasonably withheld withheld), and absent such written consent any agreement, instrument, instrument or act purporting to effect any such assignment, transfer, delegation, delegation or appointment shall be void. Notwithstanding the foregoingThe Servicer shall be liable for all acts and omissions of any delegate, subcontractor or other agent appointed pursuant to this Agreement. Nothing contained in this Section 3.2 shall prohibit or be deemed to prohibit the Servicer shall have the right without the prior written consent of the Owner and hereby agrees from contracting with third parties to delegate to or subcontract with or authorize or appoint an Affiliate perform duties that are not duties of the Servicer to perform and carry out any duties, covenants, or obligations to be performed and carried out by hereunder that the Servicer hereunder to deems reasonably necessary in connection with the extent that such dutiesservicing of the Loans including, covenantswithout limitation, or obligations are to be performed in any state or states in which the Servicer is not authorized to do business as a foreign corporation but in which the Affiliate is so authorized. In no casetitle work, shall any permitted assignment relieve the Servicer of any liability to the Owner hereunder. Notwithstanding an other provision of this Agreementsurveying, Servicer shall have the right to assignenvironmental consulting, transfer or pledge any right Servicer has to receive payment under this Agreement without the consent ofproperty management and maintenance, or notice toconstruction, the Ownerengineering and architectural consulting.