Common use of Rights of the Depositor and the Trustee in Respect of the Servicer Clause in Contracts

Rights of the Depositor and the Trustee in Respect of the Servicer. The Depositor may, but is not obligated to, enforce the obligations of the Servicer under this Agreement and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of the Servicer under this Agreement and in connection with any such defaulted obligation to exercise the related rights of the Servicer under this Agreement; provided that the Servicer shall not be relieved of any of its obligations under this Agreement 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 Servicer nor shall the Trustee or the Depositor be obligated to supervise the performance of the Servicer under this Agreement or otherwise.

Rights of the Depositor and the Trustee in Respect of the Servicer. The Depositor may, but is not obligated to, enforce the obligations of the Servicer under this Agreement hereunder and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of the Servicer under this Agreement hereunder and in connection with any such defaulted obligation to exercise the related rights of the Servicer under this Agreementhereunder; provided that the Servicer shall not be relieved of any of its obligations under this Agreement 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 Servicer nor shall the Trustee or the Depositor be obligated to supervise the performance of the Servicer under this Agreement hereunder or otherwise.

Rights of the Depositor and the Trustee in Respect of the Servicer. The Depositor may, but is not obligated to, enforce the obligations of the Servicer under this Agreement hereunder and may, but is not obligated to, perform, or cause a designee to perform, any defaulted obligation of the Servicer under this Agreement hereunder and in connection with any such defaulted obligation to exercise the related rights of the Servicer under this Agreementhereunder; provided that the Servicer shall not be relieved of any of its obligations under this Agreement 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 Servicer nor shall the Trustee or the Depositor be obligated to supervise the performance of the Servicer under this Agreement (or any Subservicer) hereunder or otherwise.