Common use of Regarding Seller's Representation Clause in Contracts

Regarding Seller's Representation. The parties hereto acknowledge that, if the representation set forth in the final sentence of paragraph 23 or the final sentence of paragraph 29 of Exhibit C to the Nationwide Pooled Mortgage Loan Purchase Agreement regarding the obligation of a Borrower to pay the reasonable costs and expenses of obtaining any Rating Agency Confirmation in connection with an assumption or defeasance of the related Mortgage Loan is breached because the related Mortgage Loan Documents do not require the Borrower to pay costs related thereto, then it shall be the sole obligation of the related Pooled Mortgage Loan Seller to pay an amount equal to such insufficiency to the extent the related Borrower is not required to pay such amount. The Primary Servicer may not waive such payment by the Borrower or Pooled Mortgage Loan Seller, as the case may be.