Common use of Records Inspections Clause in Contracts

Records Inspections. (a) The Servicer, during the -------------------- period it is servicer hereunder, shall, consistent with standard industry practices, maintain such books of account and other records as will enable the Trustee and/or the Back-Up Servicer (if either so elects, in its sole discretion) to determine the status of each Mortgage Loan. (b) The Servicer shall provide to representatives of the Trustee and the Depositor, without charge, reasonable access on reasonable prior notice during normal business hours and with reasonable frequency to the documentation regarding the Mortgage Loans. The Servicer will permit, without charge, any representative designated by the Depositor or the Trustee to visit and inspect the servicing operations and its records relating to the Loans on reasonable prior notice during normal business hours with reasonable frequency during the term of the Class A Certificates, and make copies thereof or extracts therefrom and to discuss the affairs, finances, and accounts of the Servicer with its principal officers, as applicable, and its independent accountants. Any expense incidental to the exercise by the Depositor of any right under this Section 4.17(b) shall be borne by such Person and, with respect to the Trustee, by the Person requesting the Trustee to undertake such inspection. Nothing in this Section 4.17(b) shall derogate from the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, and the failure of the Servicer to provide access as provided in this Section 4.17(b) as a result of such obligation shall not constitute a breach of this Section 4.17(b). To the extent that such information is not otherwise available to the public, none of the Trustee, the Depositor, the Back-Up Servicer, nor any representative thereof shall disseminate any information relating to the Servicer obtained pursuant to this Agreement without the Servicer's written consent, except to the extent provided for in this Agreement or to the extent that it is necessary to do so (i) in working with legal counsel, auditors, rating agencies, liquidity and credit providers, taxing authorities, or other regulatory bodies or other governmental agencies or (ii) pursuant to any law, rule, regulation, order, judgment, writ, injunction or decree of any court or governmental authority having jurisdiction over the Trustee, the Depositor, the Back-Up Servicer, and the Trustee, and the Back-Up Servicer shall use all reasonable efforts to assure the confidentiality of any such disseminated non- public information. (c) Upon any change in the format of the computer tape maintained by the Servicer in respect of the Mortgage Loans, the Servicer shall notify the Back-Up Servicer and the Trustee in advance and shall deliver a copy of such new format to the Depositor, the Back-Up Servicer and the Trustee; provided, that -------- the Servicer agrees to co-operate reasonably and in good faith with the Trustee and the Back-Up Servicer with respect to any and all issues relating to such format change.

Records Inspections. (a) The Servicer, during the -------------------- period it is servicer hereunder, shall, consistent with standard industry practices, maintain such books of account and other records as will enable the Trustee and/or the Back-Up Backup Servicer (if either so elects, in its sole discretion) to determine the status of each Mortgage Loan. Without limiting the generality of the preceding sentence, the Servicer shall keep such records, consistent with standard industry practices, in respect of Liquidation Expenses as will allow the Backup Servicer to determine that the correct amount of Net Liquidation Proceeds in respect of a Mortgage Loan has been deposited in the Principal and Interest Account. (b) The Servicer shall provide to representatives of the Trustee and the Depositor, without charge, reasonable access on reasonable prior notice during normal business hours and with reasonable frequency to the documentation regarding the Mortgage Loans. The Servicer will permit, without charge, any representative designated by the Depositor or the Trustee to visit and inspect the servicing operations and its records relating to the Loans on reasonable prior notice during normal business hours with reasonable frequency during the term of the Class A Certificates, and make copies thereof or extracts therefrom and to discuss the affairs, finances, and accounts of the Servicer with its principal officers, as applicable, and its independent accountants. Any expense incidental to the exercise by the Depositor of any right under this Section 4.17(b8.16(b) shall be borne by such Person and, with respect to the Trustee, by the Person requesting the Trustee to undertake such inspectionServicer. Nothing in this Section 4.17(b8.16(b) shall derogate from the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, and the failure of the Servicer to provide access as provided in this Section 4.17(b8.16(b) as a result of such obligation shall not constitute a breach of this Section 4.17(b8.16(b). To the extent that such information is not otherwise available to the public, none of the Trustee, the Depositor, the Back-Up Backup Servicer, nor any representative thereof shall disseminate any information relating to the Servicer obtained pursuant to this Agreement without the Servicer's written consent, except to the extent provided for in this Agreement or to the extent that it is necessary to do so (i) in working with legal counsel, auditors, rating agencies, liquidity and credit providers, taxing authorities, or other regulatory bodies or other governmental agencies or (ii) pursuant to any law, rule, regulation, order, judgment, writ, injunction or decree of any court or governmental authority having jurisdiction over the Trustee, the Depositor, the Back-Up Servicer, and the Trustee, and the Back-Up Servicer shall use all reasonable efforts to assure the confidentiality of any such disseminated non- non-public information. (c) Upon any change in the format of the computer tape maintained by the Servicer in respect of the Mortgage Loans, the Servicer shall notify the Back-Up Backup Servicer and the Trustee in advance and shall deliver a copy of such new format to the Depositor, the Back-Up Backup Servicer and the Trustee; provided, that -------- the Servicer agrees to co-operate reasonably and in good faith with the Trustee and the Back-Up Backup Servicer with respect to any and all issues relating to such format change.

Records Inspections. (a) The Master Servicer, -------------------- during the -------------------- period it is servicer hereunder, shall, consistent with standard industry practices, maintain such books of account and other records as will enable the Trustee and/or the Back-Up Servicer (if either so elects, in its sole discretion) to determine the status of each Mortgage Loan. (b) The Master Servicer shall provide to representatives of the Trustee and the Depositor, without charge, reasonable access on reasonable prior notice during normal business hours and with reasonable frequency to the documentation regarding the Mortgage Loans. The Master Servicer will permit, without charge, any representative designated by the Depositor or the Trustee to visit and inspect the servicing operations and its records relating to the Loans on reasonable prior notice during normal business hours with reasonable frequency during the term of the Class A Certificates, and make copies thereof or extracts therefrom and to discuss the affairs, finances, and accounts of the Master Servicer with its principal officers, as applicable, and its independent accountants. Any expense incidental to the exercise by the Depositor of any right under this Section 4.17(b) shall be borne by such Person and, with respect to the Trustee, by the Person requesting the Trustee to undertake such inspection. Nothing in this Section 4.17(b) shall derogate from the obligation of the Master Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, and the failure of the Master Servicer to provide access as provided in this Section 4.17(b) as a result of such obligation shall not constitute a breach of this Section 4.17(b). To the extent that such information is not otherwise available to the public, none of the Trustee, the Depositor, the Back-Up Servicer, nor any representative thereof shall disseminate any information relating to the Master Servicer obtained pursuant to this Agreement without the Master Servicer's written consent, except to the extent provided for in this Agreement or to the extent that it is necessary to do so (i) in working with legal counsel, auditors, rating agencies, liquidity and credit providers, taxing authorities, or other regulatory bodies or other governmental agencies or (ii) pursuant to any law, rule, regulation, order, judgment, writ, injunction or decree of any court or governmental authority having jurisdiction over the Trustee, the Depositor, the Back-Up Servicer, and the Trustee, and the Back-Up Servicer shall use all reasonable efforts to assure the confidentiality of any such disseminated non- non-public information. (c) Upon any change in the format of the computer tape maintained by the Master Servicer in respect of the Mortgage Loans, the Master Servicer shall notify the Back-Up Servicer and the Trustee in advance and shall deliver a copy of such new format to the Depositor, the Back-Up Servicer and the Trustee; provided, that -------- the Master Servicer agrees to co-operate reasonably and in good -------- faith with the Trustee and the Back-Up Servicer with respect to any and all issues relating to such format change.

Records Inspections. (a) The Servicer, during the -------------------- period it is servicer hereunder, shall, consistent with standard industry practices, maintain such books of account and other records as will enable the Trustee and/or the Back-Up Backup Servicer (if either so elects, in its sole discretion) to determine the status of each Mortgage Loan. Without limiting the generality of the preceding sentence, the Servicer shall keep such records, consistent with standard industry practices, in respect of Liquidation Expenses as will allow the Backup Servicer to determine that the correct amount of Net Liquidation Proceeds in respect of a Mortgage Loan has been deposited in the Principal and Interest Account. (b) The Servicer shall provide to representatives of the Trustee and the Depositor, without charge, reasonable access on reasonable prior notice during normal business hours and with reasonable frequency to the documentation regarding the Mortgage Loans. The Servicer will permit, without charge, any representative designated by the Depositor or the Trustee to visit and inspect the servicing operations and its records relating to the Loans on reasonable prior notice during normal business hours with reasonable frequency during the term of the Class A Offered Certificates, and make copies thereof or extracts therefrom and to discuss the affairs, finances, and accounts of the Servicer with its principal officers, as applicable, and its independent accountants. Any expense incidental to the exercise by the Depositor of any right under this Section 4.17(b8.16(a) shall be borne by such Person and, with respect to the Trustee, by the Person requesting the Trustee to undertake such inspectionServicer. Nothing in this Section 4.17(b8.16(a) shall derogate from the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, and the failure of the Servicer to provide access as provided in this Section 4.17(b8.16(b) as a result of such obligation shall not constitute a breach of this Section 4.17(b8.16(b). To the extent that such information is not otherwise available to the public, none of the Trustee, the Depositor, the Back-Up Backup Servicer, nor or any representative thereof shall disseminate any information relating to the Servicer obtained pursuant to this Agreement without the Servicer's written consent, except to the extent provided for in this Agreement or to the extent that it is necessary to do so (i) in working with legal counsel, auditors, rating agencies, liquidity and credit providers, taxing authorities, or other regulatory bodies or other governmental agencies or (ii) pursuant to any law, rule, regulation, order, judgment, writ, injunction or decree of any court or governmental authority having jurisdiction over the Trustee, the Depositor, the Back-Up Servicer, and the Trustee, and the Back-Up Servicer shall use all reasonable efforts to assure the confidentiality of any such disseminated non- non-public information. (c) Upon any change in the format of the computer tape maintained by the Servicer in respect of the Mortgage Loans, the Servicer shall notify the Back-Up Backup Servicer and the Trustee in advance and shall deliver a copy of such new format to the Depositor, the Back-Up Backup Servicer and the Trustee; provided, that -------- the Servicer agrees to co-operate cooperate reasonably and in good faith with the Trustee and the Back-Up Backup Servicer with respect to any and all issues relating to such format change.

Records Inspections. (a) The Servicer, during the -------------------- period it is servicer hereunder, shall, consistent with standard industry practices, maintain such books of account and other records as will enable the Trustee and/or the Back-Up Backup Servicer (if either so elects, in its sole discretion) to determine the status of each Mortgage Loan. Without limiting the generality of the preceding sentence, the Servicer shall keep such records, consistent with standard industry practices, in respect of Liquidation Expenses as will allow the Backup Servicer (if either so elects, in its sole discretion) to determine that the correct amount of Net Liquidation Proceeds in respect of a Mortgage Loan has been deposited in the Principal and Interest Account. (b) The Servicer shall provide to representatives of the Trustee and the Depositor, without charge, reasonable access on reasonable prior notice during normal business hours and with reasonable frequency prior to the Final Liability Termination Date to the documentation regarding the Mortgage Loans. The Servicer will permit, without charge, any representative designated by the Depositor or the Trustee to visit and inspect the servicing operations and its records relating to the Loans on reasonable prior notice during normal business hours with reasonable frequency during the term of the Class A Certificates, and make copies thereof or extracts therefrom and to discuss the affairs, finances, and accounts of the Servicer with its principal officers, as applicable, and its independent accountants. Any expense incidental to the exercise by the Depositor of any right under this Section 4.17(b8.16(b) shall be borne by such Person and, with respect to the Trustee, by the Person requesting the Trustee to undertake such inspectionServicer. Nothing in this Section 4.17(b8.16(b) shall derogate from the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Mortgagors, and the failure of the Servicer to provide access as provided in this Section 4.17(b8.16(b) as a result of such obligation shall not constitute a breach of this Section 4.17(b8.16(b). To the extent that such information is not otherwise available to the public, none of the Trustee, the Depositor, the Back-Up Backup Servicer, nor any representative thereof shall disseminate any information relating to the Servicer obtained pursuant to this Agreement without the Servicer's written consent, except to the extent provided for in this Agreement or to the extent that it is necessary to do so (i) in working with legal counsel, auditors, rating agencies, liquidity and credit providers, taxing authorities, or other regulatory bodies or other governmental agencies or (ii) pursuant to any law, rule, regulation, order, judgment, writ, injunction or decree of any court or governmental authority having jurisdiction over the Trustee, the Depositor, the Back-Up Servicer, and the Trustee, and the Back-Up Servicer shall use all reasonable efforts to assure the confidentiality of any such disseminated non- non-public information. (c) Upon any change in the format of the computer tape maintained by the Servicer in respect of the Mortgage Loans, the Servicer shall notify the Back-Up Backup Servicer and the Trustee in advance and shall deliver a copy of such new format to the Depositor, the Back-Up Backup Servicer and the Trustee; provided, that -------- the Servicer agrees to co-operate reasonably and in good faith with the Trustee and the Back-Up Backup Servicer with respect to any and all issues relating to such format change.