Common use of Report on Assessment of Compliance with Relevant Servicing Criteria Clause in Contracts

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st of each calendar year, commencing in March 2007, the Servicer, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer and any Servicing Function Participant engaged by such parties as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22, and in such form and substance required by this Agreement. In the event the Master Servicer, the Securities Administrator, the Custodian, or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.22, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff5), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff5), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff7)

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Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar year, commencing in March 2007, the Servicer2008, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliancecompliance as well as the reports on assessment of compliance provided to the Depositor under the Servicing Agreements, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Custodian, any Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S or as set forth in the applicable Servicing Agreement. The Master Servicer shall enforce any obligation of the each Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22the applicable Servicing Agreement, and in such form and substance as may be required by this the applicable Servicing Agreement. In the event the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.223.03, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-He1), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Nc1), Pooling and Servicing Agreement (HASCO Trust 2007-He2)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar year, commencing in March 2007, the Servicer, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. On or before March 10th of each calendar year, commencing in March 2007, the Servicer, at its own expense, shall furnish or otherwise make available, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. A copy of any report delivered to the Securities Administrator under this paragraph shall be promply delivered by the Securities Administrator to the Depositor, provided that, in no event shall the Depositor receive any such report later than March 15th of such calendar year. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer and any Servicing Function Participant engaged by such parties as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such the Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22, and in such form and substance required by this Agreement. In the event the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.22, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Wmc1), Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Wmc1)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st of each calendar year, commencing in March 2007prior to the Closing Date, the ServicerServicer shall deliver to the Sponsor, the Master Servicer, the Securities Administrator and the CustodianDepositor a certification in the form of Exhibit S attached hereto regarding the items it will address in its assessment of compliance with the Servicing Criteria under this Section 3.22. On or before March [1] of each calendar year, each at its own expensebeginning with March [1], 20[ ], the Servicer shall furnish or otherwise make availabledeliver to the Master Servicer, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, Depositor a report on an (in form and substance reasonably satisfactory to the Depositor and the Securities Administrator) regarding its assessment of compliance with the Relevant Servicing Criteria set forth identified in Exhibit S attached hereto, as of and for the period ending the end of the fiscal year ending no later than [December 31] of the year prior to the year of delivery of the report, with respect to asset-backed security transactions taken as a whole in which the Servicer is performing any of the Servicing Criteria specified in Exhibit S and that contains are backed by the same asset type backing such asset-backed securities. Each such report shall include (Aa) a statement by such party of its the party’s responsibility for assessing compliance with the Relevant Servicing CriteriaCriteria applicable to such party, (Bb) a statement that such party used the Relevant Servicing Criteria criteria identified in Item 1122(d) of Regulation AB (§ 229.1122(d)) to assess compliance with the Relevant Servicing Criteria, (Cc) such party’s assessment disclosure of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each identified by such failure and the nature and status thereofparty, and (Dd) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria Criteria, which report shall be delivered by the Servicer as provided in Section 3.23 hereto. In addition, on or before March 1st of and for such periodeach calendar year, beginning with March [1], 20[ ], the Servicer shall, at its own expense, furnish to the Master Servicer a report meeting the requirements set forth above regarding the assessment of compliance of any Subservicer or Subcontractor which is a Servicing Function Participant (each, without respect to any threshold limitations in Instruction 2 to Item 1122 of Regulation AB). Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer Trustee and any Servicing Function Participant engaged by such parties as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. The Master Servicer shall enforce S and on any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame similar exhibit set forth in this Section 3.22, and any servicing or sub-servicing agreement in such form and substance required by this Agreement. In the event the Master Servicer, the Securities Administrator, the Custodian, or respect of any Servicing Function Participant engaged by and notify the Depositor of any exceptions. None of such parties shall be required to deliver any such party assessments until [April 15] in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is terminated, assigns its rights and obligations under, or resigns pursuant to, not required to be filed with the terms Commission in respect of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.22, or to such other applicable agreement, notwithstanding any such termination, assignment or resignationTrust for the preceding calendar year.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Hsi Asset Securitization Corp)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar year, commencing in March 2007, the Servicer, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. On or before March 10th of each calendar year, commencing in March 2007, the Servicer, at its own expense, shall furnish or otherwise make available, and shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. A copy of any report delivered to the Securities Administrator under this paragraph shall be promptly delivered by the Securities Administrator to the Depositor, provided that, in no event shall the Depositor receive any such report later than March 15th of such calendar year. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such the Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22, and in such form and substance as required by this Agreement. In the event the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.22, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff11), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff11)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar yearyear for so long as the Depositor is required to file reports with respect to the Trust under the Exchange Act, commencing in March 2007, the Servicer2008, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliancecompliance as well as the reports on assessment of compliance provided to the Depositor under the Servicing Agreements, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the any Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S or as set forth in the applicable Servicing Agreement. The Master Servicer shall enforce any obligation of the each Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame frames set forth in this Section 3.22the related Servicing Agreements, and in such form and substance as required by this Agreementthe related Servicing Agreements. If the Master Servicer and the Securities Administrator are different Persons, the Master Servicer will promptly forward any assessment of compliance it receives from any Servicer to the Securities Administrator. In the event the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.223.03, or to such other applicable agreement, for the period of time in such reporting period prior to such termination, assignment or resignation, notwithstanding any such termination, assignment or resignation.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp), Pooling and Servicing Agreement (Hsi Asset Securitization Corp)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st of each calendar year, commencing in March 2007prior to the Closing Date, the ServicerServicer shall deliver to the Sponsor, the Master Servicer, the Securities Administrator and the CustodianDepositor a certification in the form of Exhibit S attached hereto regarding the items it will address in its assessment of compliance with the Servicing Criteria under this Section 3.22. On or before March 15th of each calendar year, each at its own expensebeginning with March 15, 2007, the Servicer shall furnish or otherwise make availabledeliver to the Master Servicer, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, Depositor a report on an regarding its assessment of compliance with the Relevant Servicing Criteria set forth identified in Exhibit S attached hereto, as of and for the period ending the end of the calendar year prior to the year of delivery of the report, with respect to asset-backed security transactions taken as a whole in which the Servicer is performing any of the Servicing Criteria specified in Exhibit S and that contains are backed by the same asset type backing such asset-backed securities. Each such report shall include (Aa) a statement by such party of its the party’s responsibility for assessing compliance with the Relevant Servicing CriteriaCriteria applicable to such party, (Bb) a statement that such party used the Relevant Servicing Criteria criteria identified in Item 1122(d) of Regulation AB (§ 229.1122(d)) to assess compliance with the Relevant Servicing Criteria, (Cc) such party’s assessment disclosure of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each identified by such failure and the nature and status thereofparty, and (Dd) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria Criteria, which report shall be delivered by the Servicer as provided in Section 3.23 hereto. In addition, on or before March 15th of and for such periodeach calendar year, beginning with March 15, 2007, the Servicer shall, at its own expense, furnish to the Master Servicer a report meeting the requirements set forth above regarding the assessment of compliance of any Subservicer or Subcontractor which is a Servicing Function Participant. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall may review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer Trustee and any Servicing Function Participant engaged by such parties as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S and on any similar exhibit set forth in any servicing or sub-servicing agreement in respect of any Servicing Function Participant and notify the Depositor of any exceptions. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22, and in such form and substance required by this Agreement. In the event the The Master Servicer, the Securities Administrator, the Custodian, or any Servicing Function Participant engaged by Servicer shall include any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a annual report on assessment of compliance with its own assessment of compliance to be submitted to the Depositor pursuant to this Section 3.22, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation9.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Opt2)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar yearyear for so long as the Depositor is required to file reports with respect to the Trust under the Exchange Act, commencing in March 20072008, the Servicer, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Master Servicer, Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Custodian, the Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator Master Servicer shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S or as set forth in the applicable servicing agreement. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor Servicing Function Participant engaged by such Servicer) to cause to be delivered to the Securities Administrator an delivery of such Servicer’s annual report on assessment of compliance within the time frame set forth and to the parties indicated in this Section 3.22, and in such form and substance required by this Agreement. In the event the Servicer, the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.22, or to such other applicable agreement, for the period of time in such reporting period prior to such termination, assignment or resignation, notwithstanding any such termination, assignment or resignation.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Wf1)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar year, commencing in March 20072008, the Servicer, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Master Servicer, the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Custodian, the Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor Servicing Function Participant engaged by such the Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth and to the parties indicated in this Section 3.22, and in such form and substance as may be required by this Agreement. In the event the Servicer, the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.22, or to such other applicable agreement, for the period of time in such reporting period prior to such termination, assignment or resignation, notwithstanding any such termination, assignment or resignation. The Custodian shall only be required to provide an assessment of compliance as set forth herein for so long as the Depositor is required to file reports with respect to the Trust under the Exchange Act.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Wf1)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar yearyear for so long as the Depositor is required to file reports with respect to the Trust under the Exchange Act, commencing in March 20072008, the Servicer, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Master Servicer, Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Custodian, the Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator Master Servicer shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S or as set forth in the applicable Servicing Agreement. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor Servicing Function Participant engaged by such Servicer) to cause to be delivered to the Securities Administrator an delivery of such Servicer’s annual report on assessment of compliance within the time frame set forth and to the parties indicated in this Section 3.22, and in such form and substance required by this Agreement. In the event the Servicer, the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.22, or to such other applicable agreement, for the period of time in such reporting period prior to such termination, assignment or resignation, notwithstanding any such termination, assignment or resignation.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp Trust 2007-Opt1)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar yearyear for so long as the Depositor is required to file reports with respect to the Trust under the Exchange Act, commencing in March 2007, the Servicer, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliancecompliance as well as the reports on assessment of compliance provided to the Depositor under the Servicing Agreements, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the any Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator Master Servicer shall confirm that the assessments, taken as a whole whole, address all of the applicable Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S or as set forth in the applicable Servicing Agreement. The Master Servicer shall enforce any obligation of the each Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator Master Servicer an annual report on assessment of compliance within the time frame frames set forth in this Section 3.22the related Servicing Agreements, and in such form and substance as required by this Agreementthe related Servicing Agreements. The Master Servicer will promptly forward any assessment of compliance it receives from any Servicer to the Securities Administrator. In the event the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.223.03, or to such other applicable agreement, for the period of time in such reporting period prior to such termination, assignment or resignation, notwithstanding any such termination, assignment or resignation.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar year, commencing in March 2007, the Servicer, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth identified in Exhibit S attached hereto that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. On or before March 15th of each calendar year, commencing in March 2007, the Servicer, at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria identified in Exhibit S attached hereto that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer Administrator and any Servicing Function Participant engaged by such parties as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22, and in such form and substance required by this Agreement. In the event the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.22, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Hasco 2006-Opt-4)

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Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar yearyear for so long as the Depositor is required to file reports with respect to the Trust under the Exchange Act, commencing in March 2007, the Servicer2008, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s 's assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s 's assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliancecompliance as well as the reports on assessment of compliance provided to the Depositor under the Servicing Agreements, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the any Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator Master Servicer shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S or as set forth in the applicable Servicing Agreement. The Master Servicer shall enforce any obligation of the each Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator Master Servicer an annual report on assessment of compliance within the time frame frames set forth in this Section 3.22the related Servicing Agreements, and in such form and substance as required by this Agreementthe related Servicing Agreements. The Master Servicer will promptly forward any assessment of compliance it receives from any Servicer to the Securities Administrator. In the event the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.223.03, or to such other applicable agreement, for the period of time in such reporting period prior to such termination, assignment or resignation, notwithstanding any such termination, assignment or resignation.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Ar1)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st of each calendar year, commencing in March 2007prior to the Closing Date, the ServicerServicer shall deliver to the Sponsor, the Master Servicer, the Securities Administrator and the CustodianDepositor a certification in the form of Exhibit S attached hereto regarding the items it will address in its assessment of compliance with the Servicing Criteria under this Section 3.22. On or before March 15th of each calendar year, each at its own expensebeginning with March 15, 2007, the Servicer shall furnish or otherwise make availabledeliver to the Master Servicer, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, Depositor a report on an regarding its assessment of compliance with the Relevant Servicing Criteria set forth identified in Exhibit S attached hereto, as of and for the period ending the end of the calendar year prior to the year of delivery of the report, with respect to asset-backed security transactions taken as a whole in which the Servicer is performing any of the Servicing Criteria specified in Exhibit S and that contains are backed by the same asset type backing such asset-backed securities. Each such report shall include (Aa) a statement by such party of its the party’s responsibility for assessing compliance with the Relevant Servicing CriteriaCriteria applicable to such party, (Bb) a statement that such party used the Relevant Servicing Criteria criteria identified in Item 1122(d) of Regulation AB (§ 229.1122(d)) to assess compliance with the Relevant Servicing Criteria, (Cc) such party’s assessment disclosure of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each identified by such failure and the nature and status thereofparty, and (Dd) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria Criteria, which report shall be delivered by the Servicer as provided in Section 3.23 hereto. In addition, on or before March 15th of and for such periodeach calendar year, beginning with March 15, 2007, the Servicer shall, at its own expense, furnish to the Master Servicer a report meeting the requirements set forth above regarding the assessment of compliance of any Subservicer or Subcontractor which is a Servicing Function Participant. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall may review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer Administrator and any Servicing Function Participant engaged by such parties as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S and on any similar exhibit set forth in any servicing or sub-servicing agreement in respect of any Servicing Function Participant and notify the Depositor of any exceptions. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22, and in such form and substance required by this Agreement. In the event the The Master Servicer, the Securities Administrator, the Custodian, or any Servicing Function Participant engaged by Servicer shall include any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a annual report on assessment of compliance with its own assessment of compliance to be submitted to the Depositor pursuant to this Section 3.22, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation9.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization Corp Pass-Through Certs Series 2006-Opt1)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st of each calendar year, commencing in March 2007prior to the Closing Date, the ServicerServicer shall deliver to the Sponsor, the Master Servicer, the Securities Administrator and the CustodianDepositor a certification in the form of Exhibit S attached hereto regarding the items it will address in its assessment of compliance with the Servicing Criteria under this Section 3.22. On or before March 1 of each calendar year, each at its own expensebeginning with March 1, 2007, the Servicer shall furnish or otherwise make availabledeliver to the Master Servicer, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, Depositor a report on an (in form and substance reasonably satisfactory to the Depositor and the Securities Administrator) regarding its assessment of compliance with the Relevant Servicing Criteria set forth identified in Exhibit S attached hereto, as of and for the period ending the end of the fiscal year ending no later than December 31 of the year prior to the year of delivery of the report, with respect to asset-backed security transactions taken as a whole in which the Servicer is performing any of the Servicing Criteria specified in Exhibit S and that contains are backed by the same asset type backing such asset-backed securities. Each such report shall include (Aa) a statement by such party of its the party’s responsibility for assessing compliance with the Relevant Servicing CriteriaCriteria applicable to such party, (Bb) a statement that such party used the Relevant Servicing Criteria criteria identified in Item 1122(d) of Regulation AB (§ 229.1122(d)) to assess compliance with the Relevant Servicing Criteria, (Cc) such party’s assessment disclosure of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each identified by such failure and the nature and status thereofparty, and (Dd) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria Criteria, which report shall be delivered by the Servicer as provided in Section 3.23 hereto. In addition, on or before March 1st of and for such periodeach calendar year, beginning with March 1, 2007, the Servicer shall, at its own expense, furnish to the Master Servicer a report meeting the requirements set forth above regarding the assessment of compliance of any Subservicer or Subcontractor which is a Servicing Function Participant (each, without respect to any threshold limitations in Instruction 2. to Item 1122 of Regulation AB). Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer Trustee and any Servicing Function Participant engaged by such parties as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S and on any similar exhibit set forth in any servicing or sub-servicing agreement in respect of any Servicing Function Participant and notify the Depositor of any exceptions. None of such parties shall be required to deliver any such assessments until April 15 in any given year so long as it has received written confirmation from the Depositor that a Form 10-K is not required to be filed with the Commission in respect of the Trust for the preceding calendar year. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation obligations of a Sub-an Additional Servicer or Subcontractor engaged by such Servicer) to cause to be delivered deliver to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22, and in such form and substance required by this Agreement. In the event the The Master Servicer, the Securities Administrator, the Custodian, or any Servicing Function Participant engaged by Servicer shall include any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a annual report on assessment of compliance with its own assessment of compliance to be submitted to the Depositor pursuant to this Section 3.22, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation9.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff1)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 4th of each calendar year, commencing in beginning with March 1, 2007, the Servicer, Servicer shall deliver to the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, Depositor a report on an regarding its assessment of compliance with the Relevant Servicing Criteria set forth identified in Exhibit S attached hereto applicable to the Servicer, as of and for the period ending the end of the calendar year prior to the year of delivery of the report, with respect to asset-backed security transactions taken as a whole in which the Servicer is performing any of the Servicing Criteria specified in Exhibit S and that contains are backed by the same asset type backing such asset-backed securities. Each such report shall include (Aa) a statement by such party of its the party’s responsibility for assessing compliance with the Relevant Servicing CriteriaCriteria applicable to such party, (Bb) a statement that such party used the Relevant Servicing Criteria criteria identified in Item 1122(d) of Regulation AB (§ 229.1122(d)) to assess compliance with the Relevant Servicing Criteria, (Cc) such party’s assessment disclosure of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each identified by such failure and the nature and status thereofparty, and (Dd) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria Criteria, which report shall be delivered by the Servicer as provided in Section 3.23 hereto. In addition, on or before March 1st of and for such periodeach calendar year, beginning with March 1, 2007, the Servicer shall, at its own expense, furnish to the Master Servicer a report meeting the requirements set forth above regarding the assessment of compliance of any Subservicer or Subcontractor which is a Servicing Function Participant. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall may review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer Trustee and any Servicing Function Participant engaged by such parties as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S and on any similar exhibit set forth in any servicing or sub-servicing agreement in respect of any Servicing Function Participant and notify the Depositor of any exceptions. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22, and in such form and substance required by this Agreement. In The Master Servicer shall include any such annual report on assessment of compliance with its own assessment of compliance to be submitted to the event Depositor pursuant to Section 9.02. Promptly after receipt of such report from the Servicer, the Master Servicer, the Securities Administrator, the Custodian, Administrator or any Servicing Function Participant engaged by such parties, (i) the Depositor shall review the report and, if applicable, consult with such parties as to the nature of any defaults by such party is terminatedparties, assigns its rights and in the fulfillment of any of each such party’s obligations under, hereunder or resigns pursuant to, the terms of this Agreement, or under any other applicable agreement, as and (ii) the case may be, such party Securities Administrator shall provide a report on confirm that each assessment of compliance submitted pursuant to Section 3.22 is coupled with an attestation meeting the requirements of this Section 3.22and notify the Depositor of any exceptions. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Master Servicer an attestation within the time frame set forth in this Section 3.23, or to and in such other applicable agreement, notwithstanding form and substance as may be required by this Agreement. The Master Servicer shall include any such termination, assignment or resignationattestations with its own attestations to be submitted to the Depositor pursuant to Section 9.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-Nc1)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar year, commencing in March 2007, the Servicer, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliancecompliance as well as the reports on assessment of compliance provided to the Depositor under the Servicing Agreements, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the any Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. The Master Servicer shall enforce any obligation of the each Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.223.03, and in such form and substance as required by this Agreement. In the event the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.223.03, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He1)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar yearyear for so long as the Depositor is required to file reports with respect to the Trust under the Exchange Act, commencing in March 2007, the Servicer2008, the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, a report on an assessment of compliance with the Relevant Servicing Criteria set forth in Exhibit S that contains (A) a statement by such party of its responsibility for assessing compliance with the Relevant Servicing Criteria, (B) a statement that such party used the Relevant Servicing Criteria to assess compliance with the Relevant Servicing Criteria, (C) such party’s assessment of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each such failure and the nature and status thereof, and (D) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria as of and for such period. Promptly after receipt of each such report on assessment of compliancecompliance as well as the reports on assessment of compliance provided to the Depositor under the Servicing Agreements, (i) the Depositor shall review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the any Servicer and any Servicing Function Participant engaged by any such parties party as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator Master Servicer shall confirm that the assessments, taken as a whole whole, address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S or as set forth in the applicable Servicing Agreement. The Master Servicer shall enforce any obligation of the each Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator Master Servicer an annual report on assessment of compliance within the time frame frames set forth in this Section 3.22the related Servicing Agreements, and in such form and substance as required by this Agreementthe related Servicing Agreements. The Master Servicer will promptly forward any assessment of compliance it receives from any Servicer to the Securities Administrator. In the event the Master Servicer, the Securities Administrator, the Custodian, Custodian or any Servicing Function Participant engaged by any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a report on assessment of compliance pursuant to this Section 3.223.03, or to such other applicable agreement, for the period of time in such reporting period prior to such termination, assignment or resignation, notwithstanding any such termination, assignment or resignation.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Hsi Asset Securitization Corp)

Report on Assessment of Compliance with Relevant Servicing Criteria. On or before March 1st 15th of each calendar year, commencing in beginning with March 15, 2007, the Servicer, Servicer shall deliver to the Master Servicer, the Securities Administrator and the Custodian, each at its own expense, shall furnish or otherwise make available, and each such party shall cause any Servicing Function Participant engaged by it to furnish, each at its own expense, to the Securities Administrator and the Depositor, Depositor a report on an regarding its assessment of compliance with the Relevant Servicing Criteria set forth identified in Exhibit S attached hereto, as of and for the period ending the end of the calendar year prior to the year of delivery of the report, with respect to asset-backed security transactions taken as a whole in which the Servicer is performing any of the Servicing Criteria specified in Exhibit S and that contains are backed by the same asset type backing such asset-backed securities. Each such report shall include (Aa) a statement by such party of its the party’s responsibility for assessing compliance with the Relevant Servicing CriteriaCriteria applicable to such party, (Bb) a statement that such party used the Relevant Servicing Criteria criteria identified in Item 1122(d) of Regulation AB (§ 229.1122(d)) to assess compliance with the Relevant Servicing Criteria, (Cc) such party’s assessment disclosure of compliance with the Relevant Servicing Criteria as of and for the fiscal year covered by the Form 10-K required to be filed pursuant to Section 8.12, including, if there has been any material instance of noncompliance with the Relevant Servicing Criteria, a discussion of each identified by such failure and the nature and status thereofparty, and (Dd) a statement that a registered public accounting firm has issued an attestation report on such party’s assessment of compliance with the Relevant Servicing Criteria Criteria, which report shall be delivered by the Servicer as provided in Section 3.23 hereto. In addition, on or before March 15th of and for such periodeach calendar year, beginning with March 15, 2007, the Servicer shall, at its own expense, furnish to the Master Servicer a report meeting the requirements set forth above regarding the assessment of compliance of any Subservicer or Subcontractor which is a Servicing Function Participant. Promptly after receipt of each such report on assessment of compliance, (i) the Depositor shall may review each such report and, if applicable, consult with the Master Servicer, the Securities Administrator, the Servicer Trustee and any Servicing Function Participant engaged by such parties as to the nature of any material instance of noncompliance with the Relevant Servicing Criteria by each such party, and (ii) the Securities Administrator shall confirm that the assessments, taken as a whole address all of the Servicing Criteria and taken individually address the Relevant Servicing Criteria for each party as set forth on Exhibit S. S and on any similar exhibit set forth in any servicing or sub-servicing agreement in respect of any Servicing Function Participant and notify the Depositor of any exceptions. The Master Servicer shall enforce any obligation of the Servicer (and the Servicer shall enforce any obligation of a Sub-Servicer or Subcontractor engaged by such Servicer) to cause to be delivered to the Securities Administrator an annual report on assessment of compliance within the time frame set forth in this Section 3.22, and in such form and substance required by this Agreement. In the event the The Master Servicer, the Securities Administrator, the Custodian, or any Servicing Function Participant engaged by Servicer shall include any such party is terminated, assigns its rights and obligations under, or resigns pursuant to, the terms of this Agreement, or any other applicable agreement, as the case may be, such party shall provide a annual report on assessment of compliance with its own assessment of compliance to be submitted to the Depositor pursuant to this Section 3.22, or to such other applicable agreement, notwithstanding any such termination, assignment or resignation9.02.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Hasco 2006-Opt3)

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