Common use of Privacy of Customer Information Clause in Contracts

Privacy of Customer Information. Company Customer Information in the possession of the Agent, other than information independently obtained by the Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Companies. Except in accordance with this Section 10.10, the Agent shall not use any Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Customer Information to any Person, including any of the Agent’s employees, agents or contractors or any third party not affiliated with the Agent. The Agent may use or disclose Company Customer Information only to the extent necessary (i) for examination and audit of the Agent’s activities, books and records by the Agent’s regulatory authorities, (ii) to protect or exercise the Agent’s, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the Custodian’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors), and for no other purpose; provided that the Agent may also use and disclose the Company Customer Information as expressly permitted by the relevant Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent shall take commercially reasonable steps to ensure that each Person to which the Agent intends to disclose Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Customer Information and to use or disclose such Company Customer Information only to the extent necessary to protect or exercise the Agent’s, the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Customer Information pursuant to such program in the same manner as the Agent does so in respect of their own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent shall use at least the same physical and other security measures to protect all Company Customer Information in the Agent’s possession or control as the Agent uses for their own customers’ confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAdministrative Agent or the Buyers, other than information independently obtained by the Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.9, the Administrative Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Administrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAdministrative Agent or a Buyer. The Administrative Agent and the Buyers may use or disclose Company Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Administrative Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (ii) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Administrative Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Administrative Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’sAdministrative Agents, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors). The Administrative Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR C.F.R. Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentBuyer, other than information independently obtained by the Agent Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.10Paragraph 22(b), the Agent Buyer shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentBuyer’s employees, agents or contractors or any third party not affiliated with the AgentBuyer. The Agent Buyer may use or disclose Company Seller’s Customer Information only to the extent necessary (i) for examination and audit of the AgentBuyer’s activities, books and records by the AgentBuyer’s regulatory authorities, (ii) to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Agent Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Investors). The Agent Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Buyer shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentBuyer, other than information independently obtained by the Agent Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.8, the Agent Buyer shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentBuyer’s employees, agents or contractors or any third party not affiliated with the AgentBuyer. The Agent Buyer may use or disclose Company the Seller’s Customer Information only to the extent necessary (ia) for examination and audit of the AgentBuyer’s activities, books and records by the Agent’s their regulatory authorities, (iib) to protect market or sell Purchased Loans or to enforce or exercise the Agent’sits rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iiic) to carry out the Agent’s, the CustodianBuyer’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to potential participants or Approved Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations, obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to potential participants or Approved Investors). The Agent Buyer agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company the Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Buyer shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s its possession or control as the Agent Buyer uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentPurchaser, other than information independently obtained by the Agent Purchaser and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.10Section18(b), the Agent Purchaser shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customerscustomers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentPurchaser’s employees, agents or contractors or any third party not affiliated with the AgentPurchaser. The Agent Purchaser may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentPurchaser’s activities, books and records by the AgentPurchaser’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers), and for no other purpose; provided that the Agent Purchaser may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Purchaser shall take commercially reasonable steps to ensure that each Person to which the Agent Purchaser intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers). The Agent Xxxxxxxxx agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Purchaser does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Purchaser shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Seller shall indemnify Purchaser’s Affiliates and Subsidiaries and their respective directors, officers, agents, advisors and employees (each an “Indemnified Party”) against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information not caused by Purchaser’s sole or concurrent gross negligence or willful misconduct.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAgent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.9, the Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAgent or a Buyer. The Agent and the Buyers may use or disclose Company the Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (ii) to protect market or sell Purchased Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose Company the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company the Seller’s Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentBuyer, other than information independently obtained by the Agent Xxxxx and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1028(b), the Agent Buyer shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentBuyer’s employees, agents or contractors or any third party not affiliated with the AgentBuyer. The Agent Buyer may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentBuyer’s activities, books and records by the AgentBuyer’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Agent Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors). The Agent Xxxxx agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Buyer shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Seller shall indemnify the Indemnified Parties against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information not caused by Xxxxx’s sole or concurrent gross negligence or willful misconduct.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentBuyer, other than information independently obtained by the Agent Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.10Paragraph 29(b), the Agent Buyer shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentBuyer’s employees, agents or contractors or any third party not affiliated with the AgentBuyer. The Agent Buyer may use or disclose Company Seller’s Customer Information only to the extent necessary (i) for examination and audit of the AgentBuyer’s activities, books and records by the AgentBuyer’s regulatory authorities, (ii) to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Agent Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Investors). The Agent Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Buyer shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s its possession or control as the Agent Buyer uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the Administrative Agent, other than information independently obtained by the Administrative Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1030(b), the Administrative Agent and Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Seller’s Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Administrative Agent’s or Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAdministrative Agent or Buyers. The Administrative Agent and Buyers may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the Administrative Agent’s or any Buyer’s activities, books and records by the Administrative Agent’s or such Buyer’s regulatory authorities, (ii2) to protect or exercise the Administrative Agent’s, the Custodian’s and the Lenders’ rights and privileges under the Transaction Documents or (iii3) to carry out the Administrative Agent’s, the Custodian’s and the Lenders’ or any Buyer’s express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Administrative Agent and any Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Buyer and Administrative Agent shall take commercially reasonable steps to ensure that each Person to which the such Buyer or Administrative Agent intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Buyers’ and Administrative Agent’s, the Custodian’s and the Lenders’ rights and privileges, or to carry out the such Buyer’s or Administrative Agent’s, the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors). The Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Administrative Agent shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information.. Exhibit N, Page 12 [***] Schedule I, Page 1 [***] Xxxxxxx Xxxxxxx CEO Xxx Xxxxxx President Xxxxxx Xxxxxxx Vice Pres. Capital Markets/Risk Management Xxxxx Xxxxx CFO/Treasurer Xxxxxxxx Xxxx Asst. Treasurer/Dir. Acctg. Xxxxxxx Xxxxxxx Secretary/Corporate Counsel Xxxxxxxx (Xxxxx) Xxxxxx Cash Manager Xxxxx Xxxxxxx Director, Capital Markets Xxxxx Xxxxx Cashiering Auditor Xxxxx Xxxxx Warehouser Xxxxxxx Xxxxx Dir. Transaction Mgmt. Xxxx Xxxxxxxxxx VP Servicing Xxxxx Xxxxxxxxx Transaction Manager Xxxxxx Xxxxxx Transaction Manager Xxxxxxx Xxxx Team Leader, Post Closing Audit Xxxxxxx Xxxxxxxxxxx Team Captain, Post Closing Audit Xxxxxxx Xxxxxx Collateral Coordinator *For eligible Cash-Out Refinance Jumbo Loans, the maximum cash-out is [***] [***]

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentBuyer, other than information independently obtained by the Agent Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1029(b), the Agent Buyer shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentBuyer’s employees, agents or contractors or any third party not affiliated with the AgentBuyer. The Agent Buyer may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentBuyer’s activities, books and records by the AgentBuyer’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Agent Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors). The Agent Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Buyer shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Seller shall indemnify the Indemnified Parties against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information.

Privacy of Customer Information. Company Borrower's Customer Information in the possession of the AgentLender, other than information independently obtained by the Agent Lender and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesBorrowers. Except in accordance with this Section 10.1010.9, the Agent Lender shall not use any Company either Borrower's Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company either Borrower's Customer Information to any Person, including any of the Agent’s Lender's employees, agents or contractors or any third party not affiliated with the AgentLender. The Agent Lender may use or disclose Company Borrower's Customer Information only to the extent necessary (i) for examination and audit of the Agent’s Lender's activities, books and records by the Agent’s Lender's regulatory authorities, (ii) to protect or exercise the Agent’s, Lender's and the Custodian’s and the Lenders’ rights 's and privileges or (iii) to carry out the Agent’s, Lender's and the Custodian’s and the Lenders’ 's express obligations under this Agreement and the other Facilities Credit Papers (including providing Company Borrower's Customer Information to Approved Investors), and for no other purpose; provided that the Agent Lender may also use and disclose the Company Borrower's Customer Information as expressly permitted by the relevant Company Borrowers in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Lender shall take commercially reasonable steps to ensure that each Person to which the Agent Lender intends to disclose Company Borrower's Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Borrower's Customer Information and to use or disclose such Company Borrower's Customer Information only to the extent necessary to protect or exercise the Agent’s, Lender's and the Custodian’s and the Lenders’ 's rights and privileges, or to carry out the Agent’s, Lender's and the Custodian’s and the Lenders’ 's express obligations, under this Agreement and the other Facilities Credit Papers (including providing Company Borrower's Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Customer Information pursuant to such program in the same manner as the Agent does so in respect of their own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Lender shall use at least the same physical and other security measures to protect all Company Borrower's Customer Information in the Agent’s Lender's possession or control as the Agent Lender uses for their its own customers’ ' confidential and proprietary information.

Privacy of Customer Information. Company (a) Seller’s Customer Information in the possession of the AgentPurchaser, other than information independently obtained by the Agent Purchaser and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.10Section18(b), the Agent Purchaser shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customerscustomers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentPurchaser’s employees, agents or contractors or any third party not affiliated with the AgentPurchaser. The Agent Purchaser may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentPurchaser’s activities, books and records by the AgentPurchaser’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers), and for no other purpose; provided that the Agent Purchaser may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Purchaser shall take commercially reasonable steps to ensure that each Person to which the Agent Purchaser intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers). The Agent Purchaser agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Purchaser does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Purchaser shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (b) Seller shall indemnify Purchaser’s Affiliates and Subsidiaries and their respective directors, officers, agents, advisors and employees (each an “Indemnified Party”) against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, LEGAL02/39826520v2 improper disclosure or misuse of any Seller’s Customer Information not caused by Purchaser’s sole or concurrent gross negligence or willful misconduct.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentPurchaser, other than information independently obtained by the Agent Purchaser and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.10Section18(b), the Agent Purchaser shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customerscustomers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentPurchaser’s employees, agents or contractors or any third party not affiliated with the AgentPurchaser. The Agent Purchaser may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentPurchaser’s activities, books and records by the AgentPurchaser’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers), and for no other purpose; provided that the Agent Purchaser may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Purchaser shall take commercially reasonable steps to ensure that each Person to which the Agent Purchaser intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect LEGAL02/41334878v5 or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers). The Agent Purchaser agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Purchaser does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Purchaser shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Seller shall indemnify Purchaser’s Affiliates and Subsidiaries and their respective directors, officers, agents, advisors and employees (each an “Indemnified Party”) against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information not caused by Purchaser’s sole or concurrent gross negligence or willful misconduct.

Privacy of Customer Information. Company Customer Information in the possession of the AgentLenders, other than information independently obtained by the Agent a Lender and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Companiesrelevant Company. Except in accordance with this Section 10.1016.6, the Agent Lenders shall not use any Company 120 Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Customer Information to any Person, including any of the AgentLender’s employees, agents or contractors or any third party not affiliated with the AgentLenders. The Lenders and the Agent may use or disclose Company Customer Information only to the extent necessary (i) for examination and audit of the relevant Lender’s or the Agent’s activities, books and records by such Lender’s or the Agent’s regulatory authorities, (ii) to protect or exercise the Agentsuch Lender’s, the CustodianAgent’s and the Lenders’ Custodian’s rights and privileges or (iii) to carry out the Agentsuch Lender’s, the CustodianAgent’s and the Lenders’ Custodian’s express obligations under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors), and for no other purpose; provided that the Lenders and the Agent may also use and disclose the Company Customer Information as expressly permitted by the relevant Affiliated Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Lender and the Agent shall take commercially reasonable steps to ensure that each Person to which such Lender or the Agent intends to disclose Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Customer Information and to use or disclose such Company Customer Information only to the extent necessary to protect or exercise the Lenders’, the Agent’s, ’s and the Custodian’s and the Lenders’ rights and privileges, or to carry out the Lenders’, the Agent’s, ’s and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors). The Lenders and the Agent agrees agree to maintain an Information Security Program (as described in the interagency guidelines referred to below) and to assess, manage and control risks relating to the security and confidentiality of Company Customer Information pursuant to such program in the same manner as such Lender or the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, each Lender and the Agent shall use at least the same physical and other security measures to protect all Company Customer Information in such Lender’s or the Agent’s possession or control as such Lender or the Agent uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company Customer Information in the possession of the Agent, other than information independently obtained by the Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesCompany. Except in accordance with this Section 10.109.8, the Agent shall not use any Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Customer Information to any Person, including any of the Agent’s employees, agents or contractors or any third party not affiliated with the Agent. The Agent may use or disclose Company Customer Information only to the extent necessary (i) for examination and audit of the Agent’s activities, books and records by the Agent’s regulatory authorities, (ii) to protect or exercise the Agent’s, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the Custodian’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors), and for no other purpose; provided that the Agent may also use and disclose the Company Customer Information as expressly permitted by the relevant Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent shall take commercially reasonable steps to ensure that each Person to which the Agent intends to disclose Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Customer Information and to use or disclose such Company Customer Information only to the extent necessary to protect or exercise the Agent’s, the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent shall use at least the same physical and other security measures to protect all Company Customer Information in the Agent’s possession possess on or control as the Agent uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAgent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.9, the Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAgent or a Buyer. The Agent and the Buyers may use or disclose Company the Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (ii) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose Company the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company the Seller’s Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAgent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1024.6, the Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAgent or a Buyer. The Agent and the Buyers may use or disclose Company the Seller’s Customer Information only to the extent necessary (ia) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (iib) to protect market or sell Purchased Loans or to enforce or exercise the Agent’stheir rights under any Transaction Document, the Custodian’s and the Lenders’ rights and privileges or (iiic) to carry out the Agent’s, the Buyers’, the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company the Seller’s Customer Information to Approved Investors), or (d) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’, the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Buyers’, the Custodian’s and the Lenders’ express obligations, obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company the Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company the Seller’s Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information. Section 25.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentBuyer, other than information independently obtained by the Agent Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1028(b), the Agent Buyer shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentBuyer’s employees, agents or contractors or any third party not affiliated with Buyer and shall otherwise comply with the AgentPrivacy Requirements, including without limitation the GLB Act. The Agent Buyer may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentBuyer’s activities, books and records by the AgentBuyer’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Agent Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors). The Agent Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Buyer shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Each Party shall indemnify the Indemnified other Party (and, in the case of Seller’s indemnity, the other Indemnified Parties) against, and hold them harmless from, any losses, liabilities, damages, claims, out-of-pocket costs and expenses (including reasonable outside attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of the indemnifying party’s loss, improper disclosure or misuse of any Seller’s Customer Information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAgent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1024.6, the Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAgent or a Buyer. The Agent and the Buyers may use or disclose Company the Seller’s Customer Information only to the extent necessary (ia) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (iib) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iiic) to carry out the Agent’s, the Buyers’, the Custodian’s and the Lenders’ Approved MBS Custodian’s express rights and obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors), or (d) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’, the Custodian’s and the Lenders’ Approved MBS Custodian’s rights and privileges, or to carry out the Agent’s, the Buyers’, the Custodian’s and the Lenders’ Approved MBS Custodian’s express obligations, obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company the Seller’s Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAgent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.9, the Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAgent or a Buyer. The Agent and the Buyers may use or disclose Company Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (ii) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company Customer Information in the possession of the Agent, other than information independently obtained by the Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesCompany. Except in accordance with this Section 10.109.8, the Agent shall not use any Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Customer Information to any Person, including any of the Agent’s employees, agents or contractors or any third party not affiliated with the Agent. The Agent may use or disclose Company Customer Information only to the extent necessary (i) for examination and audit of the Agent’s activities, books and records by the Agent’s regulatory authorities, (ii) to protect or exercise the Agent’s, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the Custodian’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors), and for no other purpose; provided that the Agent may also use and disclose the Company Customer Information as expressly permitted by the relevant Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent shall take commercially reasonable steps to ensure that each Person to which the Agent intends to disclose Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Customer Information and to use or disclose such Company Customer Information only to the extent necessary to protect or exercise the Agent’s, the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent shall use at least the same physical and other security measures to protect all Company Customer Information in the Agent’s possession or control as the Agent uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the Administrative Agent, other than information independently obtained by the Administrative Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1030(b), the Administrative Agent and Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Seller’s Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Administrative Agent’s or Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAdministrative Agent or Buyers. The Administrative Agent and Buyers may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the Administrative Agent’s or any Buyer’s activities, books and records by the Administrative Agent’s or such Buyer’s regulatory authorities, (ii2) to protect or exercise the Administrative Agent’s, the Custodian’s and the Lenders’ rights and privileges under the Transaction Documents or (iii3) to carry out the Administrative Agent’s, the Custodian’s and the Lenders’ or any Buyer’s express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Administrative Agent and any Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Buyer and Administrative Agent shall take commercially reasonable steps to ensure that each Person to which the such Buyer or Administrative Agent intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Buyers’ and Administrative Agent’s, the Custodian’s and the Lenders’ rights and privileges, or to carry out the such Buyer’s or Administrative Agent’s, the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors). The Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Administrative Agent shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Seller shall indemnify the Indemnified Parties against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information. (iii) Administrative Agent and each Buyer, respectively and severally (but not jointly) shall indemnify Seller, its Affiliates and Seller’s Subsidiaries and their respective directors, officers, attorneys, agents, advisors and employees against, and defend and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any of them relating to or arising out of Administrative Agent’s or such Buyer’s respective grossly negligent or willful loss, improper disclosure or misuse of any Sellers’ Customer Information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAdministrative Agent or the Buyers, other than information independently obtained by the Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.9, the Administrative Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Administrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAdministrative Agent or a Buyer. The Administrative Agent and the Buyers may use or disclose Company Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Administrative Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (ii) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Administrative Agent’s, the Syndication Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Administrative Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Administrative Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’sAdministrative Agents, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors). The Administrative Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAgent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.9, the Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAgent or a Buyer. The Agent and the Buyers may use or disclose Company Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (ii) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’sAgents, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAgent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.9, the Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAgent or a Buyer. The Agent and the Buyers may use or disclose Company Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (ii) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth Security at 00 XXX Xxxxxxxx X to Part 30 (the “Information Security Regulation”). In the event of actual or suspected unauthorized disclosure, loss, or unauthorized access to sensitive customer information (as defined in 12 CFR Parts 30the Information Security Regulation), 208Agent shall immediately, 211and in no event later than five (5) Business Days after discovery, 225notify Seller in writing and take appropriate, 263commercially reasonable, 308action to prevent further unauthorized disclosure, 364, 568 and 570loss or unauthorized access. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentBuyer, other than information independently obtained by the Agent Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1028(b), the Agent Buyer shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentBuyer’s employees, agents or contractors or any third party not affiliated with the AgentBuyer. The Agent Buyer may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentBuyer’s activities, books and records by the AgentBuyer’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Agent Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors). The Agent Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Buyer shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Seller shall indemnify the Indemnified Parties against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information not caused by Buyer’s sole or concurrent gross negligence or willful misconduct.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentBuyer, other than information independently obtained by the Agent Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1028(b), the Agent Buyer shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentBuyer’s employees, agents or contractors or any third party not affiliated with the AgentBuyer. The Agent Buyer may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentBuyer’s activities, books and records by the AgentBuyer’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Agent Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors). The Agent Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Buyer shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Seller shall indemnify the Indemnified Parties against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAgent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1024.6, the Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAgent or a Buyer. The Agent and the Buyers may use or disclose Company the Seller’s Customer Information only to the extent necessary (ia) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (iib) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iiic) to carry out the Agent’s, the Buyers’, the Custodian’s and the Lenders’ Approved MBS Custodian’s express rights and obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors), or (d) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’, the Custodian’s and the Lenders’ Approved MBS Custodian’s rights and privileges, or to carry out the Agent’s, the Buyers’, the Custodian’s and the Lenders’ Approved MBS Custodian’s express obligations, obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company the Seller’s Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information. Section 25.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAgent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1024.6, the Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAgent or a Buyer. The Agent and the Buyers may use or disclose Company the Seller’s Customer Information only to the extent necessary (ia) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (iib) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iiic) to carry out the Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors), or (d) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company the Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company the Seller’s Customer Information pursuant to such program in the same manner as the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAdministrative Agent or the Buyers, other than information independently obtained by the Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.9, the Administrative Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Administrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAdministrative Agent or a Buyer. The Administrative Agent and the Buyers may use or disclose Company Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Administrative Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (ii) to protect market or sell Purchased Mortgage Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Administrative Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Administrative Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’sAdministrative Agents, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors). The Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth Security at 00 XXX Xxxxxxxx X to Part 30 (the “Information Security Regulation”). In the event of actual or suspected unauthorized disclosure, loss, or unauthorized access to sensitive customer information (as defined in 12 CFR Parts 30the Information Security Regulation), 208Administrative Agent shall immediately, 211and in no event later than five (5) Business Days after discovery, 225notify Seller in writing and take appropriate, 263commercially reasonable, 308action to prevent further unauthorized disclosure, 364, 568 and 570loss or unauthorized access. Without limiting the scope of the foregoing sentence, the Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentBuyer, other than information independently obtained by the Agent Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Companiesrelated Seller. Except in accordance with this Section 10.1028(b), the Agent Buyer shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentBuyer’s employees, agents or contractors or any third party not affiliated with the AgentBuyer. The Agent Buyer may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentBuyer’s activities, books and records by the AgentBuyer’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors), and for no other purpose; provided that the Agent Buyer may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianBuyer’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianBuyer’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Transaction Documents (including providing Company Seller’s Customer Information to Approved Takeout Investors). The Agent Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Buyer shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Sellers shall indemnify the Indemnified Parties against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of either Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentPurchaser, other than information independently obtained by the Agent Purchaser and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.10Section18(b), the Agent Purchaser shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customerscustomers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentPurchaser’s employees, agents or contractors or any third party not affiliated with the AgentPurchaser. The Agent Purchaser may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentPurchaser’s activities, books and records by the AgentPurchaser’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers), and for no other purpose; provided that the Agent Purchaser may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Purchaser shall take commercially reasonable steps to ensure that each Person to which the Agent Purchaser intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers). The Agent agrees Purcxxxxx xxxees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Purchaser does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Purchaser shall use at least the same physical and other security measures to protect all Company of Seller’s Customer Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Seller shall indemnify Purchaser’s Affiliates and Subsidiaries and their respective directors, officers, agents, advisors and employees (each an “Indemnified Party”) against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information not caused by Purchaser’s sole or concurrent gross negligence or willful misconduct.

Privacy of Customer Information. Company (i) Seller’s Customer Information in the possession of the AgentPurchaser, other than information independently obtained by the Agent Purchaser and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.10Section18(b), the Agent Purchaser shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customerscustomers, or disclose any Company Seller’s Customer Information to any Person, including any of the AgentPurchaser’s employees, agents or contractors or any third party not affiliated with the AgentPurchaser. The Agent Purchaser may use or disclose Company Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentPurchaser’s activities, books and records by the AgentPurchaser’s regulatory authorities, (ii2) to protect or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges or (iii3) to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers), and for no other purpose; provided that the Agent Purchaser may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent Purchaser shall take commercially reasonable steps to ensure that each Person to which the Agent Purchaser intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the CustodianPurchaser’s and the Lenders’ rights and privileges, or to carry out the Agent’s, the CustodianPurchaser’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Program Documents (including providing Company Seller’s Customer Information to Approved InvestorsTakeout Buyers). The Agent Xxxxxxxxx agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Agent Purchaser does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent Purchaser shall use at least the same physical and other security measures to protect all Company of Seller’s Customer LEGAL02/44901976v2 Information in the Agent’s its possession or control as the Agent it uses for their its own customers’ confidential and proprietary information. (ii) Seller shall indemnify Purchaser’s Affiliates and Subsidiaries and their respective directors, officers, agents, advisors and employees (each an “Indemnified Party”) against, and hold each of them harmless from, any losses, liabilities, damages, claims, costs and expenses (including reasonable attorneys’ fees and disbursements) suffered or incurred by any Indemnified Party relating to or arising out of Seller’s loss, improper disclosure or misuse of any Seller’s Customer Information not caused by Purchaser’s sole or concurrent gross negligence or willful misconduct.

Privacy of Customer Information. Company Customer Information in the possession of the Agent, other than information independently obtained by the Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesCompany. Except in accordance with this Section 10.10SECTION 9.8, the Agent shall not use any Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Customer Information to any Person, including any of the Agent’s 's employees, agents or contractors or any third party not affiliated with the Agent. The Agent may use or disclose Company Customer Information only to the extent necessary (i) for examination and audit of the Agent’s 's activities, books and records by the Agent’s 's regulatory authorities, (ii) to protect or exercise the Agent’s's, the Custodian’s 's and the Lenders’ ' rights and privileges or (iii) to carry out the Agent’s's, the Custodian’s 's and the Lenders’ ' express obligations under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investorsinvestors in the Company's Mortgage Loans), and for no other purpose; provided that the Agent may also use and disclose the Company Customer Information as expressly permitted by the relevant Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent shall take commercially reasonable steps to ensure that each Person to which the Agent intends to disclose Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Customer Information and to use or disclose such Company Customer Information only to the extent necessary to protect or exercise the Agent’s's, the Custodian’s 's and the Lenders’ ' rights and privileges, or to carry out the Agent’s's, the Custodian’s 's and the Lenders’ ' express obligations, under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investorsinvestors in the Company's Mortgage Loans). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of Company Customer Information pursuant to such program in the same manner as the Agent does so in respect of their own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent shall use at least the same physical and other security measures to protect all Company Customer Information in the Agent’s 's possession or control as the Agent uses for their its own customers’ ' confidential and proprietary information.

Privacy of Customer Information. Company The Seller’s Customer Information in the possession of the AgentAdministrative Agent or the Buyers, other than information independently obtained by the Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the CompaniesSeller. Except in accordance with this Section 10.1016.9, the Administrative Agent and the Buyers shall not use any Company Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Seller’s Customer Information to any Person, including any of the Administrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the AgentAdministrative Agent or a Buyer. The Administrative Agent and the Buyers may use or disclose Company Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Administrative Agent’s or the Buyers’ respective activities, books and records by the Agent’s their regulatory authorities, (ii) to protect market or sell Purchased Loans or to enforce or exercise the Agent’stheir rights under any Repurchase Document, the Custodian’s and the Lenders’ rights and privileges or (iii) to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s express rights and the Lenders’ express obligations under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and the Buyers may also use and disclose the Company Seller’s Customer Information as expressly permitted by the relevant Company Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Administrative Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the Administrative Agent or a Buyer intends to disclose Company Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Seller’s Customer Information and to use or disclose such Company Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’sAdministrative Agents, the Buyers’ or the Custodian’s and the Lenders’ rights and privileges, or to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers Repurchase Documents (including providing Company Seller’s Customer Information to Approved Investors). The Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of Company Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth Security at 00 XXX Xxxxxxxx X to Part 30 (the “Information Security Regulation”). In the event of actual or suspected unauthorized disclosure, loss, or unauthorized access to sensitive customer information (as defined in 12 CFR Parts 30the Information Security Regulation), 208Administrative Agent shall immediately, 211and in no event later than five (5) Business Days after discovery, 225notify Seller in writing and take appropriate, 263commercially reasonable, 308action to prevent further unauthorized disclosure, 364, 568 and 570loss or unauthorized access. Without limiting the scope of the foregoing sentence, the Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all Company of the Seller’s Customer Information in the Agent’s their possession or control as the Agent each of them uses for their its own customers’ confidential and proprietary information.

Privacy of Customer Information. Company Customer Information in the possession of the AgentLenders, other than information independently obtained by the Agent a Lender and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Companiesrelevant Company. Except in accordance with this Section 10.1016.6, the Agent Lenders shall not use any Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Company Customer Information to any Person, including any of the AgentLender’s employees, agents or contractors or any third party not affiliated with the AgentLenders. The Lenders and the Agent may use or disclose Company Customer Information only to the extent necessary (i) for examination and audit of the relevant Lender’s or the Agent’s activities, books and records by such Lender’s or the Agent’s regulatory authorities, (ii) to protect or exercise the Agentsuch Lender’s, the CustodianAgent’s and the Lenders’ Custodian’s rights and privileges or (iii) to carry out the Agentsuch Lender’s, the CustodianAgent’s and the Lenders’ Custodian’s express obligations under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors), and for no other purpose; provided that the Lenders and the Agent may also use and disclose the Company Customer Information as expressly permitted by the relevant Affiliated Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Lender and the Agent shall take commercially reasonable steps to ensure that each Person to which such Lender or the Agent intends to disclose Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Company Customer Information and to use or disclose such Company Customer Information only to the extent necessary to protect or exercise the Lenders’, the Agent’s, ’s and the Custodian’s and the Lenders’ rights and privileges, or to carry out the Lenders’, the Agent’s, ’s and the Custodian’s and the Lenders’ express obligations, under this Agreement and the other Facilities Papers (including providing Company Customer Information to Approved Investors). The Lenders and the Agent agrees agree to maintain an Information Security Program (as described in the interagency guidelines referred to below) and to assess, manage and control risks relating to the security and confidentiality of Company Customer Information pursuant to such program in the same manner as such Lender or the Agent does so in respect of their its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, each Lender and the Agent shall use at least the same physical and other security measures to protect all Company Customer Information in such Lender’s or the Agent’s possession or control as such Lender or the Agent uses for their its own customers’ confidential and proprietary information.