Common use of Safeguarding Customer Information Clause in Contracts

Safeguarding Customer Information. The Seller shall implement and maintain security measures designed to meet the objectives of the Interagency Guidelines Establishing Information Security Standards (the “Guidelines”), Section 216 of the Fair and Accurate Transactions Act (including its implementing regulations, “FACTA”), as well as any amendments thereto or other applicable regulations regarding safeguarding information enacted or released by a regulatory agency having jurisdiction over the Purchaser or the Seller. In addition, the Seller represents to the Purchaser that it has in place a response program to respond to any incident of unauthorized access to Customer Information (as defined in the Guidelines). At all times during the term of this Agreement, the Seller shall maintain administrative, technical and physical safeguards, including proper information disposal procedures, to ensure the security, confidentiality and integrity of Customer Information, and to protect such information against any threats or hazards, including, without limitation, unauthorized access or use. The Seller will periodically (but not less than annually) review and update its information security procedures. The Seller shall, at the Seller’s sole expense, take appropriate actions, including such actions as the Purchaser may request, to address any actual or apparent incident of theft or unauthorized access, use or disclosure of any Customer Information maintained by the Seller, including providing prompt notification to the Purchaser of any such incident and will, at the Purchaser’s request, at the Seller’s sole expense, notify the Purchaser’s customers on the Purchaser’s behalf of any such unauthorized access, use or disclosure. Nothing in this Section shall limit the Seller’s obligations under Section 8.04 of this Agreement. The Seller shall promptly provide the Purchaser with information regarding such information security measures upon the reasonable request of the Purchaser or its designee (including any Master Servicer of the Mortgage Loans) which information shall include, but not be limited to, any Statement on Auditing Standards (SAS) No. 70 report covering the Seller’s operations, and any other audit reports, summaries of test results or equivalent measures or evaluations taken by the Seller with respect to its security measures. With respect to any third party provided access to Customer Information in accordance with this Agreement, the Seller will enter into a written agreement with such third party requiring safeguarding of Customer Information in a manner no less restrictive than the Seller’s obligations under this Agreement, and including those affirmative obligations set forth in this Section and in any other Section of this Agreement relating to the use or protection of Customer Information. The obligations set forth in this Section shall survive termination of the Agreement.

Safeguarding Customer Information. The Seller shall implement and maintain security measures designed to meet the objectives of the Interagency Guidelines Establishing Information Security Standards (the “Guidelines”), Section 216 of the Fair and Accurate Transactions Act (including its implementing regulations, “FACTA”), as well as any amendments thereto or other applicable regulations regarding safeguarding information enacted or released by a regulatory agency having jurisdiction over the Purchaser or the Seller. In addition, the Seller represents to the Purchaser that it has in place a response program to respond to any incident of unauthorized access to Customer Information (as defined in the Guidelines). At all times during the term of this Agreement, the Seller shall maintain administrative, technical and physical safeguards, including proper information disposal procedures, to ensure the security, confidentiality and integrity of Customer Information, and to protect such information against any threats or hazards, including, without limitation, unauthorized access or use. The Seller will periodically (but not less than annually) review and update its information security procedures. The Seller shall, at the Seller’s sole expense, take appropriate actions, including such actions as the Purchaser may request, to address any actual or apparent incident of theft or unauthorized access, use or disclosure of any Customer Information maintained by the Seller, including providing prompt notification to the Purchaser of any such incident and will, at the Purchaser’s request, at the Seller’s sole expense, notify the Purchaser’s customers on the Purchaser’s behalf of any such unauthorized access, use or disclosure. Nothing in this Section shall limit the Seller’s obligations under Section 8.04 8.01 of this Agreement. The Seller shall promptly provide the Purchaser with information regarding such information security measures upon the reasonable request of the Purchaser or its designee (including any Master Servicer of the Mortgage Loans) which information shall include, but not be limited to, any Statement on Auditing Standards (SAS) No. 70 report covering the Seller’s operations, and any other audit reports, summaries of test results or equivalent measures or evaluations taken by the Seller with respect to its security measures. With respect to any third party provided access to Customer Information in accordance with this Agreement, the Seller will enter into a written agreement with such third party requiring safeguarding of Customer Information in a manner no less restrictive than the Seller’s obligations under this Agreement, and including those affirmative obligations set forth in this Section and in any other Section of this Agreement relating to the use or protection of Customer Information. The obligations set forth in this Section shall survive termination of the Agreement.

Safeguarding Customer Information. The Seller shall implement and maintain security measures designed to meet the objectives of the Interagency Guidelines Establishing Information Security Standards (the “Guidelines”), Section 216 of the Fair and Accurate Credit Transactions Act (including its implementing regulations, “FACTA”), as well as any amendments thereto or other applicable regulations regarding safeguarding information enacted or released by a regulatory agency having jurisdiction over the Purchaser or the Seller. In addition, the Seller represents to the Purchaser that it has in place a response program to respond to any incident of unauthorized access to Customer Information (as defined in the Guidelines). At all times during the term of this Agreement, the Seller shall maintain administrative, technical and physical safeguards, including proper information disposal procedures, to ensure the security, confidentiality and integrity of Customer Information, and to protect such information against any threats or hazards, including, without limitation, unauthorized access or use. The Seller will periodically (but not less than annually) review and update its information security procedures. The Seller shall, at the Seller’s sole expense, take appropriate actions, including such actions as the Purchaser may request, to address any actual or apparent incident of theft or unauthorized access, use or disclosure of any Customer Information maintained by the Seller, including providing prompt notification to the Purchaser of any such incident and will, at the Purchaser’s request, at the Seller’s sole expense, notify the Purchaser’s customers on the Purchaser’s behalf of any such unauthorized access, use or disclosure. Nothing in this Section shall limit the Seller’s obligations under Section 8.04 8.01 of this Agreement. The Seller shall promptly provide the Purchaser with information regarding such information security measures upon the reasonable request of the Purchaser or its designee (including any Master Servicer of the Mortgage Loans) which information shall include, but not be limited to, any Statement on Auditing Standards (SAS) No. 70 report covering the Seller’s operations, and any other audit reports, summaries of test results or equivalent measures or evaluations taken by the Seller with respect to its security measures. With respect to any third party provided access to Customer Information in accordance with this Agreement, the Seller will enter into a written agreement with such third party requiring safeguarding of Customer Information in a manner no less restrictive than the Seller’s obligations under this Agreement, and including those affirmative obligations set forth in this Section and in any other Section of this Agreement relating to the use or protection of Customer Information. The obligations set forth in this Section shall survive termination of the Agreement.

Safeguarding Customer Information. [Open] The Seller shall implement and maintain security measures designed to meet the objectives of the Interagency Guidelines Establishing Information Security Standards (the “Guidelines”), Section 216 of the Fair and Accurate Credit Transactions Act (including its implementing regulations, “FACTA”), as well as any amendments thereto or other applicable regulations regarding safeguarding information relating to the ownership and servicing of the Mortgage Loans enacted or released by a regulatory agency having jurisdiction over Xxxxxx Brothers Bank, FSB (and its United States Affiliates and United States subsidiaries), the Purchaser Seller or the party servicing of the Mortgage Loans on behalf of the Seller. In addition, the Seller represents to the Purchaser that it has in place a response program to respond to any incident of unauthorized access to Customer Information (as defined in the Guidelines). At all times during the term of this Agreement, the Seller shall maintain administrative, technical and physical safeguards, including proper information disposal procedures, to ensure the security, confidentiality and integrity of Customer Information, and to protect such information against any threats or hazards, including, without limitation, unauthorized access or use. The Seller will periodically (but not less than annually) review and update its information security procedures. The Seller shall, at the Seller’s sole expense, take appropriate actions, including such actions as the Purchaser may reasonably request, to address any actual or apparent incident of theft or unauthorized access, use or disclosure of any Customer Information maintained by the Seller, including providing prompt notification to the Purchaser of any such incident and will, at the Purchaser’s request, at the Seller’s sole expense, notify the Purchaser’s customers on the Purchaser’s behalf of any such unauthorized access, use or disclosure. Nothing in this Section shall limit the Seller’s obligations under Section 8.04 9 of this Agreement. The Seller shall promptly provide the Purchaser with information regarding such information security measures and the results of the testing of such policies, procedures and controls upon the reasonable request of the Purchaser or its designee (including any Master Servicer of the Mortgage Loans) which information shall include, but not be limited to, any Statement on Auditing Standards (SAS) No. 70 report covering the Seller’s operations, and any other audit reports, summaries of test results or equivalent measures or evaluations taken by the Seller with respect to its security measures). With respect to any third party provided access to Customer Information in accordance with this Agreement, the Seller will enter into a written agreement with such third party requiring safeguarding of Customer Information in a manner no less restrictive than the Seller’s obligations under this Agreement, and including those affirmative obligations set forth in this Section and in any other Section of this Agreement relating to the use or protection of Customer Information. The obligations set forth in this Section shall survive termination of the Agreement.

Safeguarding Customer Information. The Seller Company shall implement and maintain security measures designed to meet the objectives of the Interagency Guidelines Establishing Information Security Standards (the “Guidelines”), Section 216 of the Fair and Accurate Credit Transactions Act (including its implementing regulations, “FACTA”), as well as any amendments thereto or other applicable regulations regarding safeguarding information enacted or released by a regulatory agency having jurisdiction over the Purchaser or the SellerCompany. In addition, the Seller Company represents to the Purchaser that it has in place a response program to respond to any incident of unauthorized access to Customer Information (as defined in the Guidelines). At all times during the term of this Agreement, the Seller Company shall maintain administrative, technical and physical safeguards, including proper information disposal procedures, to ensure the security, confidentiality and integrity of Customer Information, and to protect such information against any threats or hazards, including, without limitation, unauthorized access or use. The Seller Company will periodically (but not less than annually) review and update its information security procedures. The Seller Company shall, at the SellerCompany’s sole expense, take appropriate actions, including such actions as the Purchaser may request, to address any actual or apparent incident of theft or unauthorized access, use or disclosure of any Customer Information maintained by the SellerCompany, including providing prompt notification to the Purchaser of any such incident and will, at the Purchaser’s request, at the SellerCompany’s sole expense, notify the Purchaser’s customers on the Purchaser’s behalf of any such unauthorized access, use or disclosure. Nothing in this Section shall limit the SellerCompany’s obligations under Section 8.04 9.01 of this Agreement. The Seller Company shall promptly provide the Purchaser with information regarding such information security measures upon the reasonable request of the Purchaser or its designee (including any Master Servicer of the Mortgage Loans) which information shall include, but not be limited to, any Statement on Auditing Standards (SAS) No. 70 report covering include the SellerCompany’s operations, and any other audit reports, summaries of test results or equivalent measures or evaluations taken by the Seller Company with respect to its security measures. With respect to any third party provided access to Customer Information in accordance with this Agreement, the Seller Company will enter into a written agreement with such third party requiring safeguarding of Customer Information in a manner no less restrictive than the SellerCompany’s obligations under this Agreement, and including those affirmative obligations set forth in this Section and in any other Section of this Agreement relating to the use or protection of Customer Information. The obligations set forth in this Section shall survive termination of the Agreement.