Common use of Subservicing; Enforcement of the Obligations of Subservicer Clause in Contracts

Subservicing; Enforcement of the Obligations of Subservicer. (a) The Subservicer may arrange for the subservicing of any Mortgage Loan by a subservicer, which may be an affiliate (each, a "subservicer") pursuant to a subservicing agreement (each, a "Subservicing Agreement"); provided, however, that such subservicing arrangement and the terms of the related subservicing agreement must provide for the servicing of such Mortgage Loans in a manner consistent with the servicing arrangements contemplated hereunder. Notwithstanding the provisions of any subservicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Subservicer and a subservicer or reference to actions taken through a subservicer or otherwise, the Subservicer shall remain obligated and liable to the Depositor, the Trustee and the Certificateholders for the servicing and administration of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such subservicing agreements or arrangements or by virtue of indemnification from the subservicer and to the same extent and under the same terms and conditions as if the Subservicer alone were servicing and administering the Mortgage Loans. Every subservicing agreement entered into by the Subservicer shall contain a provision giving the successor Subservicer the option to terminate such agreement in the event a successor Subservicer is appointed. All actions of each subservicer performed pursuant to the related subservicing agreement shall be performed as an agent of the Subservicer with the same force and effect as if performed directly by the Subservicer.

Subservicing; Enforcement of the Obligations of Subservicer. (a) The Subservicer may arrange for the subservicing of any Mortgage Loan by a subservicer, which may be an affiliate subservicer (each, a "subservicer") pursuant to a subservicing agreement (each, a "Subservicing Agreement"); provided, however, that such subservicing arrangement and the terms of the related subservicing agreement must provide for the servicing of such Mortgage Loans in a manner consistent with the servicing arrangements contemplated hereunder. Notwithstanding the provisions of any subservicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Subservicer and a subservicer or reference to actions taken through a subservicer or otherwise, the Subservicer shall remain obligated and liable to the Depositor, the Trustee and the Certificateholders for the servicing and administration of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such subservicing agreements or arrangements or by virtue of indemnification from the subservicer and to the same extent and under the same terms and conditions as if the Subservicer alone were servicing and administering the Mortgage Loans. Every subservicing agreement entered into by the Subservicer shall contain a provision giving the successor Subservicer the option to terminate such agreement in the event a successor Subservicer is appointed. All actions of each subservicer performed pursuant to the related subservicing agreement shall be performed as an agent of the Subservicer with the same force and effect as if performed directly by the Subservicer.

Subservicing; Enforcement of the Obligations of Subservicer. (a) The With the consent of the Group II Certificate Insurer, the Subservicer may arrange for the subservicing of any Mortgage Loan by a subservicer, which may be an affiliate subservicer (each, a "subservicer") pursuant to a subservicing agreement (each, a "Subservicing Agreement"); provided, however, that such subservicing arrangement and the terms of the related subservicing agreement must provide for the servicing of such Mortgage Loans in a manner consistent with the servicing arrangements contemplated hereunder; provided, further, however, that the Group II Certificate Insurer's consent shall not be required for any subservicing by any affiliate of the Subservicer or the Subservicer's use of vendors which perform certain servicing functions. Notwithstanding the provisions of any subservicing agreement, any of the provisions of this Agreement relating to agreements or arrangements between the Subservicer and a subservicer or reference to actions taken through a subservicer or otherwise, the Subservicer shall remain obligated and liable to the Depositor, the Trustee Trustee, the Group II Certificate Insurer and the Certificateholders for the servicing and administration of the Mortgage Loans in accordance with the provisions of this Agreement without diminution of such obligation or liability by virtue of such subservicing agreements or arrangements or by virtue of indemnification from the subservicer and to the same extent and under the same terms and conditions as if the Subservicer alone were servicing and administering the Mortgage Loans. Every subservicing agreement entered into by the Subservicer shall contain a provision giving the successor Subservicer the option to terminate such agreement in the event a successor Subservicer is appointed. All actions of each subservicer performed pursuant to the related subservicing agreement shall be performed as an agent of the Subservicer with the same force and effect as if performed directly by the Subservicer.