Common use of Retention of Servicer Clause in Contracts

Retention of Servicer. Lender reserves the right to retain the Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any pooling and servicing agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Deposit Account Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers shall pay any reasonable fees and expenses of the Servicer in connection with a release of the Property, assumption or modification of the Loan, enforcement of the Loan Documents or any other action taken by Servicer hereunder on behalf of Lender, to the extent such actions are permitted to be taken pursuant to the terms of the Loan Documents, but only to the extent that Borrowers are expressly required to pay such expenses pursuant to the terms of this Agreement.

Retention of Servicer. Lender reserves the right to retain the --------------------- Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any pooling and servicing agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Deposit Account Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers Borrower shall pay any reasonable fees and expenses of the Servicer in connection with a release of the Property, assumption or modification of the Loan, enforcement of the Loan Documents or any other action taken by Servicer hereunder on behalf of Lender, to the extent such actions are permitted to be taken pursuant to the terms of the Loan Documents, but only to the extent that Borrowers are expressly required to pay such expenses pursuant to the terms of this Agreement.

Retention of Servicer. Lender reserves the right to retain the Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any pooling and servicing agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Deposit Account Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers shall pay any reasonable fees and expenses of the Servicer in connection with a release of the any Property, assumption or modification of the Loan, enforcement of the Loan Documents or any other action taken by Servicer hereunder on behalf of Lender. Upon the retention of any Servicer, to the extent such actions are permitted to be taken pursuant to the terms of the Loan Documents, but only to the extent that Lender shall so notify Borrowers are expressly required to pay such expenses pursuant to the terms of this Agreementin writing.

Retention of Servicer. Lender reserves the right to retain the Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any pooling and servicing agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Deposit Account Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers Borrower shall pay any reasonable fees and expenses of the Servicer in connection with a release of the PropertyProperty (or any portion thereof), assumption or modification of the Loan, enforcement of the Loan Documents or any other action or approval taken by Servicer hereunder on behalf of Lender[, (which shall not include ongoing regular servicing fees relating to the extent such actions are permitted to be taken pursuant to the terms day-to-day servicing of the Loan DocumentsLoan, but only to the extent that Borrowers are expressly required to pay such expenses pursuant to the terms of this Agreementfor which Borrower shall not be charged)].

Retention of Servicer. Lender reserves the right to retain the --------------------- Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any pooling Pooling and servicing agreement Servicing Agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Deposit Account Cash Management Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers shall pay any reasonable fees and expenses of the Servicer in connection with a release or substitution of the Propertyany Collateral Properties, assumption or modification of the Loan, enforcement of the Loan Documents or any other action taken by Servicer hereunder on behalf of Lender, to the extent such actions are permitted to be taken pursuant to the terms of the Loan Documents, but only to the extent that Borrowers are expressly required to pay such expenses pursuant to the terms of this Agreement.