Common use of Promptly Clause in Contracts

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator shall make available on its internet website a final executed copy of each Form 10-K prepared and filed by the Trust Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 13.03 related to the timely preparation and filing of Form 10-K is contingent upon such parties (and the Custodians, Designated Servicers and any Additional Servicer or other Servicing Function Participant) strictly observing all applicable deadlines in the performance of their duties under Article XIII. Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-K, where such failure results from the Trust Administrator's inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2006-3), Pooling and Servicing Agreement (Adjustable Rate Mortgage Loan Trust 2007-2), Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2007-1)

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Promptly. (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator shall make available on its internet website a final executed copy of each Form 10-K prepared and filed by the Trust Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 13.03 14.03 related to the timely preparation and filing of Form 10-K is contingent upon such parties (and the CustodiansCustodian, Designated Servicers Servicer and any Additional Servicer or other Servicing Function Participant) strictly observing all applicable deadlines in the performance of their duties under Article XIIIXIV. Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-K, where such failure results from the Trust Administrator's ’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-4), Pooling and Servicing Agreement (TBW 2006-2)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator shall will make available on its internet website a final executed copy of each Form 10-K prepared and filed by the Trust Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 13.03 14.03 related to the timely preparation and filing of Form 10-K is contingent upon such parties (and the Custodians, Designated Servicers and any Additional Servicer or other Servicing Function Participant) strictly observing all applicable deadlines in the performance of their duties under Article XIIIXIV. Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-K, where such failure results from the Trust Administrator's ’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust Series 2006-3), Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-2)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator shall make available on its internet website a final executed copy of each Form 10-K prepared and filed by the Trust Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 13.03 related to the timely preparation and filing of Form 10-K is contingent upon such parties (and the Custodians, Designated Servicers and any Additional Servicer or other Servicing Function Participant) strictly observing all applicable deadlines in the performance of their duties under Article XIII. Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-K, where such failure results from the Trust Administrator's ’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6), Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-6)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator shall will make available on its internet website a final executed copy of each Form 10-K prepared and filed by the Trust Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 13.03 related to the timely preparation and filing of Form 10-K is contingent upon such parties (and the Custodians, Designated Servicers and any Additional Servicer or other Servicing Function Participant) strictly observing all applicable deadlines in the performance of their duties under Article XIII. Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-K, where such failure results from the Trust Administrator's inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2006-2), Pooling and Servicing Agreement (Credit Suisse Adjustable Rate Mortgage Trust 2006-1)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator shall will make available on its internet website a final executed copy of each Form 10-K prepared and filed by the Trust Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 13.03 14.03 related to the timely preparation and filing of Form 10-K is contingent upon such parties (and the Custodians, Designated Servicers and any Additional Servicer or other Servicing Function Participant) strictly observing all applicable deadlines in the performance of their duties under Article XIIIXIV. Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-K, where such failure results from the Trust Administrator's ’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-1)

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Promptly. (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator shall make available on its internet website a final executed copy of each Form 10-K prepared and filed by the Trust Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 13.03 related to the timely preparation and filing of Form 10-K is contingent upon such parties (and the Custodians, Designated Servicers and any Additional Servicer or other Servicing Function Participant) strictly observing all applicable deadlines in the performance of their duties under Article XIII. Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage or claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-K, where such failure results from the Trust Administrator's inability or failure to obtain or receive, on -120- a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Adjustable Rate Mortgage Trust 2007-1)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator shall will make available on its internet website a final executed copy of each Form 10-K prepared and filed by the Trust Administrator. The parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 13.03 14.03 related to the timely preparation and filing of Form 10-K is contingent upon such parties (and the CustodiansCustodian, Designated Servicers Servicer and any Additional Servicer or other Servicing Function Participant) strictly observing all applicable deadlines in the performance of their duties under Article XIIIXIV. Neither the Trust Administrator nor the Master Servicer shall have any liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-K, where such failure results from the Trust Administrator's ’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (TBW 2006-1)

Promptly. (but no later than 1 Business Day) after filing with the Commission, the Trust Administrator shall will make available on its internet website a final executed copy of each Form 10-K prepared and filed by the Trust Administrator. The If any RepartingThe parties to this Agreement acknowledge that the performance by the Master Servicer and the Trust Administrator of its duties under this Section 13.03 related to the timely preparation and filing of Form 10-K is contingent upon such parties (and the Custodians, Designated Servicers and any Additional Servicer or other Servicing Function Participant) strictly observing all applicable deadlines in the performance of their duties under Article XIII. Neither the The Trust Administrator nor the Master Servicer shall not have any liability for any loss, expense, damage or damage, claim arising out of or with respect to any failure to properly prepare and/or timely file such Form 10-K, where such failure results from the Trust Administrator's ’s inability or failure to obtain or receive, on a timely basis, any information from any other party hereto needed to prepare, arrange for execution or file such Form 10-K, not resulting from its own negligence, bad faith or willful misconduct.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSMC Mortgage-Backed Trust 2007-3)

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