Rights of the Depositor and the Trustee in Respect of the Master Servicer. The Depositor may, but is not obligated to, enforce the obligations of the Master Servicer hereunder and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of the Master Servicer hereunder and in connection with any such defaulted obligation to exercise the related rights of the Master Servicer hereunder; provided that the Master Servicer shall not be relieved of any of its obligations hereunder by virtue of such performance by the Depositor or its designee. Neither the Trustee nor the Depositor shall have any responsibility or liability for any action or failure to act by the Master Servicer or any Servicer nor shall the Trustee or the Depositor be obligated to supervise the performance of the Master Servicer hereunder or any Servicer under any Servicing Agreement or otherwise.
Rights of the Depositor and the Trustee in Respect of the Master Servicer, the Special Servicer and the REMIC Administrator. The Master Servicer, the Special Servicer and the REMIC Administrator each shall afford the Depositor and the Trustee, upon reasonable notice, during normal business hours access to all records maintained by the Master Servicer, the Special Servicer or the REMIC Administrator, as the case may be, in respect of its rights and obligations hereunder and access to such of its officers as are responsible for such obligations. Upon reasonable request, the Master Servicer, the Special Servicer and the REMIC Administrator each shall furnish the Depositor and the Trustee with its most recent financial statements and such other information as it possesses, and which it is not prohibited by law or, to the extent applicable, binding obligations to third parties with respect to confidentiality from disclosing, regarding its business, affairs, property and condition, financial or otherwise. The Depositor may, but is not obligated to, enforce the obligations of the Master Servicer, the Special Servicer and the REMIC Administrator hereunder and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of the Master Servicer, the Special Servicer or the REMIC Administrator hereunder or, in connection with a default thereby, exercise the rights of the Master Servicer, the Special Servicer or the REMIC Administrator hereunder; provided, however, that none of the Master Servicer, the Special Servicer or the REMIC Administrator shall be relieved of any of its obligations hereunder by virtue of such performance by the Depositor or its designee. The Depositor shall not have any responsibility or liability for any action or failure to act by the Master Servicer, the Special Servicer or the REMIC Administrator and is not obligated to supervise the performance of the Master Servicer, the Special Servicer or the REMIC Administrator under this Agreement or otherwise.
Rights of the Depositor and the Trustee in Respect of the Servicer Neither the Trustee nor the Depositor shall have any responsibility or liability for any action or failure to act by the Servicer, and neither of them is obligated to supervise the performance of the Servicer hereunder or otherwise.
Rights of the Depositor the Trustee and the Companion Loan Noteholders in Respect of the Master Servicer and Special Servicer............................................
Rights of the Depositor. 3.1. The Depositor is entitled to:
3.1.1. Request from the Bank repayment of the Deposit and payment of interests accrued on it in the order, size and terms set forth in this Agreement.
3.1.2. Require the Bank to ensure the confidentiality of the deposit as prescribed by law. 3.1.3.
3.1.4. Require the bank to recover the deposit at the end of the term of the deposit, as well as prior to the term of the deposit.
Rights of the Depositor and the Trustee in Respect -------------------------------------------------- of the Master Servicer. ---------------------- The Depositor may, but is not obligated to, enforce the obligations of the Master Servicer hereunder and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of the Master Servicer hereunder and in connection with any such defaulted obligation to exercise the related rights of the Master Servicer hereunder; provided that -------- the Master Servicer shall not be relieved of any of its obligations hereunder by virtue of such performance by the Depositor or its designee. Neither the Trustee nor the Depositor shall have any responsibility or liability for any action or failure to act by the Master Servicer nor shall the Trustee or the Depositor be obligated to supervise the performance of the Master Servicer hereunder or otherwise.
Rights of the Depositor. 3.1. The Depositor is entitled to:
3.1.1. Request from the Bank the payment of interests accrued on it in the order, size and terms set forth in this Agreement.
3.1.2. Require the Bank to ensure the confidentiality of the deposit as prescribed by law.
3.1.3. In the order, terms and periodicity set forth by RA Legislation, receive from the bank the information subject to mandatory provision to the Depositor, including deposit statements through the communication method the latter has chosen.
3.1.4. Add amounts to the deposits in an order and cases set forth by the Agreement.
3.1.5. Require the bank to recover the deposit at the end of the term of the deposit, as well as prior to the term of the deposit.
Rights of the Depositor the Trustee in Respect of the Master Servicer. ------------------------------------------------------- Neither the Trustee nor the Depositor shall have any responsibility or liability for any action or failure to act by the Master Servicer, and none of them is obligated to supervise the performance of the Master Servicer hereunder or otherwise.
Rights of the Depositor the CM Controlling Holder and the Trustee in Respect of the Master Servicer, the Special Servicer and the REMIC Administrator.....................
