Common use of Protection of Consumer Information Clause in Contracts

Protection of Consumer Information. The Initial Owner agrees that the Initial Owner (i) shall comply with any applicable laws and regulations regarding the privacy and security of Consumer Information, (ii) shall not use Consumer Information in any manner inconsistent with any applicable laws and regulations regarding the privacy and security of Consumer Information, (iii) shall not disclose Consumer Information to third parties except in accordance with all applicable laws and regulations regarding privacy and security of Consumer Information, (iv) shall maintain such physical, technical and administrative safeguards to protect Consumer Information from unauthorized access as are required by applicable laws and regulations regarding privacy and security of Consumer Information, and (v) shall promptly notify the Company of any actual or suspected breach of the confidentiality of Consumer Information. The Initial Owner agrees that the Initial Owner shall indemnify, defend and hold the Company harmless from and against any loss, claim or liability the Company may suffer by reason of the Initial Owner’s failure to perform the obligations set forth in this Section 2.06. The Company agrees that the Company (i) shall comply with any applicable laws and regulations regarding the privacy and security of Consumer Information, (ii) shall only use Consumer Information to the extent necessary to carry out its obligations under this Agreement, (iii) shall not use Consumer Information in any manner inconsistent with any applicable laws and regulations regarding the privacy and security of Consumer Information and, (iv) shall not disclose Consumer Information to third parties except at the specific written direction of the Initial Owner unless otherwise required by applicable law or court order, (v) shall maintain such physical, technical and administrative safeguards to protect Consumer Information from unauthorized access as are required by applicable laws and regulations regarding privacy and security of Consumer Information, and (vi) shall promptly notify the Initial Owner of any actual or suspected breach of the confidentiality of Consumer Information. The Company agrees that the Company shall indemnify, defend and hold the Initial Owner harmless from and against any loss, claim or liability the Initial Owner may suffer by reason of the Company’s failure to perform the obligations set forth in this Section 2.06. In connection with the servicing of the Mortgage Loans hereunder, the Company shall implement and maintain security measures designed to meet the objectives of the Interagency Guidelines Establishing Information Security Standards (the “Guidelines”), Section 216 of the Fair and Accurate Transactions Act (including its implementing regulations, “FACTA”), as well as any amendments thereto or other applicable regulations regarding safeguarding information enacted or released by a regulatory agency having jurisdiction over the Initial Owner or the Company. In addition, the Company represents to the Initial Owner that it has in place a response program to respond to any incident of unauthorized access to Customer Information (as defined in the Guidelines). At all times during the term of this Agreement, the Company shall maintain administrative, technical and physical safeguards, including proper information disposal procedures, to ensure the security, confidentiality and integrity of Customer Information, and to protect such information against any threats or hazards, including, without limitation, unauthorized access or use. The Company will periodically (but not less than annually) review and update its information security procedures.

Protection of Consumer Information. The Initial Owner agrees that the Initial Owner (i) shall comply with any applicable laws and regulations regarding the privacy and security of Consumer Information, (ii) shall not use Consumer Information in any manner inconsistent with any applicable laws and regulations regarding the privacy and security of Consumer Information, (iii) shall not disclose Consumer Information to third parties except in accordance with all applicable laws and regulations regarding privacy and security of Consumer Information, (iv) shall maintain such physical, technical and administrative safeguards to protect Consumer Information from unauthorized access as are required by applicable laws and regulations regarding privacy and security of Consumer Information, and (v) if such breach occurred during the time the Company was servicing the related Mortgage Loan, shall promptly notify the Company of any actual or suspected breach of the confidentiality of Consumer Information. The Initial Owner agrees that the Initial Owner shall indemnify, defend and hold the Company harmless from and against any loss, claim or liability the Company may suffer by reason of the Initial Owner’s failure to perform the obligations set forth in this Section 2.06. The Company agrees that the Company (i) shall comply with any applicable laws and regulations regarding the privacy and security of Consumer Information, (ii) shall only use Consumer Information to the extent necessary to carry out its obligations under this Agreement, (iii) shall not use Consumer Information in any manner inconsistent with any applicable laws and regulations regarding the privacy and security of Consumer Information and, (iv) shall not disclose Consumer Information to third parties except at the specific written direction of the Initial Owner unless otherwise required by applicable law or court order, (v) shall maintain such physical, technical and administrative safeguards to protect Consumer Information from unauthorized access as are required by applicable laws and regulations regarding privacy and security of Consumer Information, and (vi) shall promptly notify the Initial Owner of any actual or suspected breach of the confidentiality of Consumer Information. The Company agrees that the Company shall indemnify, defend and hold the Initial Owner harmless from and against any loss, claim or liability the Initial Owner may suffer by reason of the Company’s failure to perform the obligations set forth in this Section 2.06. In connection with the interim servicing of the Mortgage Loans hereunder, the Company shall implement and maintain security measures designed to meet the objectives of the Interagency Guidelines Establishing Information Security Standards (the “Guidelines”), Section 216 of the Fair and Accurate Transactions Act (including its implementing regulations, “FACTA”), as well as any amendments thereto or other applicable regulations regarding safeguarding information enacted or released by a regulatory agency having jurisdiction over the Initial Owner or the Company. In addition, the Company represents to the Initial Owner that it has in place a response program to respond to any incident of unauthorized access to Customer Information (as defined in the Guidelines). At all times during the term of this Agreement, the Company shall maintain administrative, technical and physical safeguards, including proper information disposal procedures, to ensure the security, confidentiality and integrity of Customer Information, and to protect such information against any threats or hazards, including, without limitation, unauthorized access or use. The Company will periodically (but not less than annually) review and update its information security procedures.

Protection of Consumer Information. The Initial Owner agrees that the Initial Owner (i) shall comply Servicer will only use, maintain and/or disclose Consumer Information in compliance with any all applicable laws and regulations regarding the privacy and security of Consumer Information, (ii) shall not use Consumer Information in any manner inconsistent Laws and with any applicable laws and regulations regarding the privacy and security of Consumer Information, (iii) shall not disclose Consumer Information to third parties except in accordance with all applicable laws and regulations regarding privacy and security of Consumer Information, (iv) shall maintain such physical, technical and administrative safeguards to protect Consumer Information from unauthorized access as are required by applicable laws and regulations regarding privacy and security of Consumer Information, and (v) shall promptly notify the Company of any actual or suspected breach of the confidentiality of Consumer Information. The Initial Owner agrees that the Initial Owner shall indemnify, defend and hold the Company harmless from and against any loss, claim or liability the Company may suffer by reason of the Initial Owner’s failure to perform the obligations policies set forth in this Section 2.0613(a), and will ensure that Persons to whom it transfers Consumer Information do the same. The In the event that Company agrees or any of its Affiliates request Servicer to provide it with any Consumer Information, such Person shall have compliance measures in place with respect to such Consumer Information that the Company (i) shall comply with any all applicable laws and regulations regarding the privacy and security of Consumer Information, Laws. (ii) shall only use Consumer Information to the extent necessary to carry out its obligations under this Agreement, (iii) shall not use Consumer Information in any manner inconsistent with any applicable laws and regulations regarding the privacy and security of Consumer Information and, (iv) shall not disclose Consumer Information to third parties except at the specific written direction of the Initial Owner unless otherwise required by applicable law or court order, (v) shall maintain such physical, technical and administrative safeguards to protect Consumer Information from unauthorized access as are required by applicable laws and regulations regarding privacy and security of Consumer Information, and (vi) shall promptly notify the Initial Owner of any actual or suspected breach of the confidentiality of Consumer Information. The Company agrees that the Company shall indemnify, defend and hold the Initial Owner harmless from and against any loss, claim or liability the Initial Owner may suffer by reason of the Company’s failure to perform the obligations set forth in this Section 2.06. In connection with the servicing of the Mortgage Loans hereunder, the Company shall implement Servicer will establish and maintain security measures designed to meet the objectives of the Interagency Guidelines Establishing Information Security Standards (the “Guidelines”), Section 216 of the Fair and Accurate Transactions Act (including its implementing regulations, “FACTA”), as well as any amendments thereto or other applicable regulations regarding safeguarding information enacted or released by a regulatory agency having jurisdiction over the Initial Owner or the Company. In addition, the Company represents to the Initial Owner that it has in place a response program to respond to any incident of unauthorized access to Customer Information (as defined in the Guidelines). At all times during the term of this Agreement, the Company shall maintain appropriate administrative, technical and physical safeguards, including proper information disposal procedures, safeguards to ensure protect the security, confidentiality and integrity of Customer the Consumer Information. These safeguards will be designed to protect the security, confidentiality and integrity of the Consumer Information, ensure against any anticipated threats or hazards to its security and integrity, and protect against unauthorized access to or use of such information or associated records which could result in substantial harm or inconvenience to any Buyer or applicant. (iii) Servicer will ensure that any third party to whom it transfers or discloses Consumer Information (other than a credit agency) signs a written contract with Servicer in which such third party agrees to (A) restrict its use of Consumer Information to the use specified in the written contract; (B) to comply with all applicable Laws; and (C) implement and maintain appropriate safeguards as stated in clause (ii) above. Servicer agrees to transfer or make available to third parties only such Consumer Information as is reasonably necessary to carry out the contemplated task. (iv) Servicer shall notify Company immediately following discovery or notification of any breach of security of the systems maintained by Servicer. Servicer agrees to take action immediately, at its own expense, to investigate the breach, to identify and mitigate the effects of any such breach and to protect implement reasonable and appropriate measures in response to such breach. Servicer also will provide Company with all available information against any threats or hazards, including, without limitation, unauthorized access or use. The regarding such breach to assist Company will periodically (but not less than annually) review and update in implementing its information security proceduresresponse program and, if applicable, in notifying affected Buyers. For the purposes of this Section 13(a), the term “breach of security” or “breach” means the unauthorized access to or acquisition of any record containing personally identifiable information relating to a Buyer, whether in paper, electronic, or other form, in a manner that renders misuse of the information reasonably possible or that otherwise compromises the security, confidentiality, or integrity of the information.