Common use of Purchase of Mortgage Loans by a Servicer, a Seller or GSMC and Purchase or Substitution of Mortgage Loans by the Depositor Clause in Contracts

Purchase of Mortgage Loans by a Servicer, a Seller or GSMC and Purchase or Substitution of Mortgage Loans by the Depositor. (a) Servicer Breach. In addition to taking any action required pursuant to Section 7.01 hereof and without limiting the Master Servicer’s obligations under Section 7.01 upon discovery by a Responsible Officer of the Master Servicer, the Securities Administrator or the Trustee of any breach by the Servicer of any representation, warranty or covenant under the related Servicing Agreement, which breach materially and adversely affects the value of any Mortgage Loan or the interest of the Trust therein (it being understood that any such breach shall be deemed to have materially and adversely affected the value of the related Mortgage Loan or the interest of the Trust therein if the Trust incurs or may incur a loss as a result of such breach), the party discovering such breach shall notify the other parties thereof and shall promptly request that the Servicer cure such breach, and if the Servicer does not cure such breach in all material respects by the end of the cure period set forth in the related Servicing Agreement, shall request that the Servicer purchase such Mortgage Loan and if the Servicer does not so purchase such Mortgage Loan shall enforce the Servicer’s obligation under such Servicing Agreement to purchase such Mortgage Loan from the Trustee. Notwithstanding the foregoing, however, if such breach results in or is a Qualification Defect, such cure or purchase must take place within 75 days of the Defect Discovery Date.