Common use of Solicitation Rights Clause in Contracts

Solicitation Rights. (a) Seller agrees that all Mortgagors are the exclusive customers of Purchaser. Neither Seller nor any of its affiliates shall solicit Mortgagors (nor shall Seller or its affiliates direct any of their agents to solicit Mortgagors) for any purposes, including, but not limited to, financial services, insurance coverage or prepayment of Mortgage Loans. Without the prior written consent of Purchaser, Seller shall not sell or distribute any customer list incorporating the names of Mortgagors and shall not itself use any such list to solicit or promote, or to allow any other person to solicit or promote, the sale of any services or products to any Mortgagor. Purchaser or any of its affiliates may make sales to, or solicit the sale to, Mortgagors of financial services and products, including, but not limited to, insurance related products. (b) The restrictions under Section 7.17(a) above shall not apply to: (i) an advertising campaign offering financial services, including mortgage or insurance-related products and services, directed to the general public; (ii) a solicitation for financial services, other than mortgage or mortgage-insurance related products and services, to any Mortgagor with whom Seller or an affiliate has a customer relationship, provided that such solicitation is part of a solicitation program not directed primarily to the Mortgagors; or (iii) any application or request for any product or service offered by Seller or any affiliate of Seller, provided that such contact is initiated by the Mortgagor for the purpose of making such application or request. (c) Neither Seller nor any of its affiliates may circumvent the intent of this Section 7.17 by selling or distributing a customer list incorporating the names of the Mortgagors to any other person or entity.

Solicitation Rights. (a) Seller agrees that all Mortgagors are the exclusive customers of Purchaser. Neither Seller nor any of its affiliates shall solicit Mortgagors (nor shall Seller or its affiliates direct any of their agents to solicit Mortgagors) for any purposes, including, but not limited to, financial services, insurance coverage or prepayment of Mortgage Loans. Without the prior written consent of Purchaser, and except for the uses described in Section 7.17(b), Seller shall not sell or distribute any customer list incorporating the names of Mortgagors and shall not itself allow any person to use any such customer list to solicit or promote, or to allow any other person of Seller incorporating the names of Mortgagors to solicit or promote, the sale of any services or products to any Mortgagor. Except as provided in Section 7.06(c) hereof with respect to Reinsured Mortgage Loans and except as otherwise provided by Section 3.2 of that certain Subservicing Agreement between Interbay Funding, LLC, as Servicer, and Coastal Banc, ssb, as Subservicer, dated as of September 1, 2003, Purchaser or any of its affiliates may make sales to, or solicit the sale to, Mortgagors of financial services and products, including, but not limited to, insurance related products. (b) The restrictions under Section 7.17(a) above shall not apply to: (i) an advertising campaign or mass mailing that is not targeted to the Mortgagors offering financial services, including mortgage or insurance-related products and services, directed to the general public or designated segments of the general public;; or (ii) a solicitation for financial services, other than mortgage or mortgage-insurance related products and services, to any Mortgagor with whom Seller or an affiliate has a customer relationshiprelationship unrelated to the Mortgage Loan existing as of the Sale Date, provided that such solicitation is part of a solicitation program not directed primarily to the Mortgagors; or (iii) any application or request for any product or service offered by Seller or any affiliate of routine inserts in statements sent to Seller, provided ’s customers that such contact is initiated by are not targeted to the Mortgagor for the purpose of making such application or requestMortgagors. (c) Neither Seller nor any of its affiliates may circumvent the intent of this Section 7.17 by selling or distributing a customer list incorporating the names of the Mortgagors to any other person or entity.