Common use of Servicing Transfers Clause in Contracts

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary Servicer, or any assignment of the obligations of the Primary Servicer, pursuant to the other provisions of this Agreement, the Primary Servicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(C) (report of affiliations), subsection (c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(E) (compliance certification) and/or subsection (c)(iv) (Xxxxxxxx-Xxxxx backup certification) in the absence of such resignation, removal, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Master Servicer), then the successor Primary Servicer shall be obligated to cause the predecessor Primary Servicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary Servicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary Servicer, or any assignment of the obligations of the Primary Servicer, pursuant to the other provisions of this Agreement, the Primary Servicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(C) (report of affiliations), subsection (c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(E) (compliance certification) and/or subsection (c)(iv) (XxxxxxxxSarbanes-Xxxxx Oxley backup certification) in the absence of such resignation, removalxxxxxxx, termination xxxmination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Master Servicer), then the successor Primary Servicer shall be obligated to cause the predecessor Primary Servicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary Servicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary ServicerSubservicer, or any assignment of the obligations of the Primary ServicerSubservicer, pursuant to the other provisions of this Agreement, the Primary Servicer Subservicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(CSection 5.12(c)(iii)(C) (report of affiliations), subsection (c)(iii)(DSection 5.12(c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(ESection 5.12(c)(iii)(E) (compliance certification) and/or subsection (c)(ivSection 5.12(c)(iv) (Xxxxxxxx-Xxxxx backup certification) in the absence of such resignation, removal, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer Subservicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Master Servicer), then the successor Primary Servicer Subservicer shall be obligated to cause the predecessor Primary Servicer Subservicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary ServicerSubservicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary ServicerSubservicer, or any assignment of the obligations of the Primary ServicerSubservicer, pursuant to the other provisions of this Agreement, the Primary Servicer Subservicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(CSection 5.12(c)(iii)(C) (report of affiliations), subsection (c)(iii)(DSection 5.12(c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(ESection 5.12(c)(iii)(E) (compliance certification) and/or subsection (c)(ivSection 5.12(c)(iv) (XxxxxxxxSarbanes-Xxxxx Oxley backup certification) in the absence xx xxx xxxxxce of such resignation, removal, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer Subservicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Capmark Master Servicer), then the successor Primary Servicer Subservicer shall be obligated to cause the predecessor Primary Servicer Subservicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary ServicerSubservicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary Servicer, or any assignment of the obligations of the Primary Servicer, pursuant to the other provisions of this Agreement, the Primary Servicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(C) (report of affiliations), subsection (c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(E) (compliance certification) and/or subsection (c)(iv) (XxxxxxxxSarbanes-Xxxxx Oxley backup certification) in the absence of such resignationresignaxxxx, removalxxxxxxx, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Master Servicer), then the successor Primary Servicer shall be obligated to cause the predecessor Primary Servicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary Servicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary Servicer, or any assignment of the obligations of the Primary Servicer, pursuant to the other provisions of this Agreement, the Primary Servicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(C) (report of affiliations), subsection (c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(E) (compliance certification) and/or subsection (c)(iv) (XxxxxxxxSxxxxxxx-Xxxxx backup certification) in the absence of such resignation, removal, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Master Servicer), then the successor Primary Servicer shall be obligated to cause the predecessor Primary Servicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary Servicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary Servicer, or any assignment of the obligations of the Primary Servicer, pursuant to the other provisions of this Agreement, the Primary Servicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(C) (report of affiliations), subsection (c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(E) (compliance certification) and/or subsection (c)(iv) (XxxxxxxxSarbanes-Xxxxx Oxley backup certification) in the absence of such resignationresixxxxxxx, removalxxxxxal, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Master Servicer), then the successor Primary Servicer shall be obligated to cause the predecessor Primary Servicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary Servicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary ServicerSubservicer, or any assignment of the obligations of the Primary ServicerSubservicer, pursuant to the other provisions of this Agreement, the Primary Servicer Subservicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(CSection 5.12(c)(iii)(C) (report of affiliations), subsection (c)(iii)(DSection 5.12(c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(ESection 5.12(c)(iii)(E) (compliance certification) and/or subsection (c)(ivSection 5.12(c)(iv) (XxxxxxxxSarbanes-Xxxxx Oxley backup certification) in the absence of such resignationresignaxxxx, removalxxxxxxx, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer Subservicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Master Servicer), then the successor Primary Servicer Subservicer shall be obligated to cause the predecessor Primary Servicer Subservicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary ServicerSubservicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary ServicerSubservicer, or any assignment of the obligations of the Primary ServicerSubservicer, pursuant to the other provisions of this Agreement, the Primary Servicer Subservicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(CSection 5.12(c)(iii)(C) (report of affiliations), subsection (c)(iii)(DSection 5.12(c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(ESection 5.12(c)(iii)(E) (compliance certification) and/or subsection (c)(ivSection 5.12(c)(iv) (XxxxxxxxSarbanes-Xxxxx Oxley backup certificationcertificatiox) in the absence xx xxx xxxxnce of such resignation, removal, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer Subservicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Capmark Master Servicer), then the successor Primary Servicer Subservicer shall be obligated to cause the predecessor Primary Servicer Subservicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary ServicerSubservicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary Servicer, or any assignment of the obligations of the Primary Servicer, pursuant to the other provisions of this Agreement, the Primary Servicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(C) (report of affiliations), subsection (c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(E) (compliance certification) and/or subsection (c)(iv) (XxxxxxxxSarbanes-Xxxxx Oxley backup certification) in the absence of such resignationresigxxxxxx, removalxxxxxxl, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Master Servicer), then the successor Primary Servicer shall be obligated to cause the predecessor Primary Servicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary Servicer.

Servicing Transfers. Notwithstanding any resignation, removal or termination of the Primary Servicer, or any assignment of the obligations of the Primary Servicer, pursuant to the other provisions of this Agreement, the Primary Servicer shall remain obligated to comply from time to time with the reporting and certification obligations that would have been applicable under subsection (c)(iii)(CSection 4.01(c)(iii)(C) (report of affiliations), subsection (c)(iii)(DSection 4.01(c)(iii)(D) (assessment of compliance and related assessment by a public accounting firm), subsection (c)(iii)(ESection 4.01(c)(iii)(E) (compliance certification) and/or subsection (c)(ivSection 4.01(c)(iv) (Xxxxxxxx-Xxxxx backup certification) in the absence of such resignation, removal, termination or assignment, but only to the extent related to the time period prior to the effective date of such resignation, removal termination or assignment. Without limiting the generality of the preceding statement, if the Primary Servicer voluntarily assigns its obligations under this Agreement pursuant to the other provisions of this Agreement (or with the consent of the Master Servicer), then the successor Primary Servicer shall be obligated to cause the predecessor Primary Servicer to perform the surviving reporting and certification obligations set forth above and the failure to do so will constitute an "event of default" on the part of the successor Primary Servicer.