Common use of Survival of Certain Provisions Clause in Contracts

Survival of Certain Provisions. Upon termination of the Agreement, (1) the rights and obligations of the parties under the Agreement shall survive until the applicable Transition Effective Dates, (2) Article 8 of the Agreement shall survive for any Losses indemnifiable thereunder that were incurred prior to the applicable Transition Effective Date until such time as any claim for indemnification under the Agreement with respect to such Losses is finally resolved, and (3) Article 9 of the Agreement, Section II (including the obligation of the Sellers to make any termination payment owed hereunder) shall survive termination of the Agreement. In addition, all rights of action arising from or related to the Agreement that accrue prior to such termination (or the applicable Transition Effective Date), and any remedies for such claims, both legal and equitable, will survive such termination.

Appears in 374 contracts

Samples: Servicing Agreement (Benchmark 2021-B30 Mortgage Trust), Servicing Agreement (Morgan Stanley Capital I Trust 2016-Bnk2), Servicing Agreement (Morgan Stanley Capital I Trust 2016-Ubs11)

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