Notice and Settlement of Claims. (a) In the event that either party to this Agreement becomes aware of any material fact giving rise to any obligation of the other party under this Article XII, including, but not limited to, any claim or any litigation brought by a third party which may give rise to any such obligation, such party shall promptly, but in no event later than seven (7) Business Days, provide the other party with a notice describing the same. Failure to provide a notice within such seven (7) Business Day period shall not relieve such other party of its obligations under this Article XII, unless such failure materially prejudices the rights or increases the liability of such other party, and then, such other party's liability shall be reduced only by the amount that it actually has been damaged by such failure.
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Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Portfolio Servicing Agreement (Merrill Lynch Mort Invest Inc MLCC 2003-B Mort Ps THR Cert), Portfolio Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Notice and Settlement of Claims. (a) In the event that either party to this Agreement becomes aware of any material fact giving rise to any obligation of the other party under this Article XIIXIII, including, but not limited to, any claim or any litigation brought by a third party which may give rise to any such obligation, such party shall promptly, but in no event later than seven (7) Business Days, provide the other party with a notice describing the same. Failure to provide a notice within such seven (7) Business Day period shall not relieve such other party of its obligations under this Article XIIXIII, unless such failure materially prejudices the rights or increases the liability of such other party, and then, such other party's ’s liability shall be reduced only by the amount that it actually has been damaged by such failure.
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Samples: Subservicing Agreement (PHH Corp)
Notice and Settlement of Claims. (a) In the event that either party to this Agreement becomes aware of any material fact giving rise to any obligation of the other party under this Article XII, including, but not limited to, any claim or any litigation brought by a third party which may give rise to any such obligation, such party shall promptly, but in no event later than seven (7) Business Days[* * *], provide the other party with a notice describing the same. Failure to provide a notice within such seven (7) Business Day [* * *] period shall not relieve such other party of its obligations under this Article XII, unless such failure materially prejudices the rights or increases the liability of such other party, and then, such other party's ’s liability shall be reduced only by the amount that it actually has been damaged by such failure.
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Notice and Settlement of Claims. (a) In the event that either party to this Agreement becomes aware of any material fact giving rise to any obligation of the other party under this Article XIIXIII, including, but not limited to, any claim or any litigation brought by a third party which may give rise to any such obligation, such party shall promptly, but in no event later than seven (7) Business Days, provide the other party with a notice describing the same. Failure to provide a notice within such seven (7) Business Day period shall not relieve such other party of its obligations under this Article XII, XIII unless such failure materially prejudices the rights or increases the liability of such other party, and then, such other party's ’s liability shall be reduced only by the amount that it actually has been damaged by such failure.
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Notice and Settlement of Claims. (a) In the event that either party to this Agreement becomes aware of any material fact giving rise to any obligation of the other party under this Article XIIX, including, but not limited to, any claim or any litigation brought by a third party which may give rise to any such obligation, such party shall promptly, but in no event later than seven (7) Business Days, provide the other party with a notice describing the same. Failure to provide a notice within such seven (7) Business Day period shall not relieve such other party of its obligations under this Article XIIX, unless such failure materially prejudices the rights or increases the liability of such other party, and then, subject to Section 10.05, such other party's ’s liability shall be reduced only by the amount that it actually has been damaged by such failure.
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Samples: Servicing Rights Purchase and Sale Agreement (PHH Corp)