Common use of Use of I.T. Systems Clause in Contracts

Use of I.T. Systems. (a) The Cash Manager represents and warrants that at the date hereof in respect of the software which is to be used by the Cash Manager in providing the Cash Management Services it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software. (b) The Cash Manager undertakes that it shall for the duration of this Agreement, use reasonable endeavours to: (i) ensure that the licences and/or consents referred to in paragraph (a) are maintained in full force and effect; and (ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time. (c) The Cash Manager shall use reasonable endeavours to maintain in working order the information technology systems used by the Cash Manager in providing the Cash Management Services. (d) The Cash Manager shall pass to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement the benefit of any warranties in relation to the software insofar as the same are capable of assignment.

Use of I.T. Systems. (a) The Cash Manager represents and warrants that at the date hereof in respect of the software which is to be used by the Cash Manager in providing the Cash Management Services it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software. (b) The Cash Manager undertakes that it shall for the duration of this Agreement, use reasonable endeavours to: (i) ensure that the licences and/or consents referred to in paragraph (a) are maintained in full force and effect; and (ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or and Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time. (c) The Cash Manager shall use reasonable endeavours to maintain in working order the information technology systems used by the Cash Manager in providing the Cash Management Services. (d) The Cash Manager shall pass to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or and Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement the benefit of any warranties in relation to the software insofar as the same are capable of assignment.

Use of I.T. Systems. (a) The Cash Manager represents and warrants that at the date hereof in respect of the software which is to be used by the Cash Manager in providing the Cash Management Services it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software. (b) The Cash Manager undertakes that it shall for the duration of this Agreement, use reasonable endeavours to: (i) ensure that the licences and/or consents referred to in paragraph (a) are maintained in full force and effect; and (ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time. (c) The Cash Manager shall use reasonable endeavours to maintain in working order the information technology systems used by the Cash Manager in providing the Cash Management Services. (d) The Cash Manager shall pass to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement the benefit of any warranties in relation to the software insofar as the same are capable of assignment.

Use of I.T. Systems. (a) The Cash Manager represents and warrants that at the date hereof in respect of the software which that is to be used by the Cash Manager in providing the Cash Management Services it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software. (b) The Cash Manager undertakes that it shall will for the duration of this Agreement, use commercially reasonable endeavours to: (i) ensure that the licences and/or consents referred to in paragraph (a) are maintained in full force and effect; and (ii) except in so far as it would breach any other of its legal obligations, grant to any person Person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person Person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect Guarantor elects as a substitute cash manager (a “Substitute Cash Manager”) in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time. (c) The Cash Manager shall will use all commercially reasonable endeavours efforts to maintain in working order the information technology systems used by the Cash Manager in providing the Cash Management Services. (d) The Cash Manager shall will pass to any person Person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person Person as the Mortgages Guarantor and the Bond Trustee and/or Funding 1 and Funding 2 elect may select as a substitute cash manager Substitute Cash Manager in accordance with the terms of this Agreement the benefit of any warranties in relation to the software insofar as the same are capable of assignment.

Use of I.T. Systems. (a) The Cash Manager represents and warrants that at the date hereof in respect of the software which is to be used by the Cash Manager in providing the Cash Management Services it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software. (b) The Cash Manager undertakes that it shall for the duration of this Agreement, use reasonable endeavours to: (i) ensure that the licences and/or consents referred to in paragraph (a) are maintained in full force and effect; and (ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and and/or Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time. (c) The Cash Manager shall use reasonable endeavours to maintain in working order the information technology systems used by the Cash Manager in providing the Cash Management Services. (d) The Cash Manager shall pass to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and and/or Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement the benefit of any warranties in relation to the software insofar as the same are capable of assignment.

Use of I.T. Systems. (a) The Cash Manager represents and warrants that at the date hereof in respect of the software which that is to be used by the Cash Manager in providing the Cash Management Services it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software. (b) The Cash Manager undertakes that it shall will for the duration of this Agreement, use commercially reasonable endeavours to: (i) ensure that the licences and/or consents referred to in paragraph (a‎(a) are maintained in full force and effect; and (ii) except in so far as it would breach any other of its legal obligations, grant to any person Person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person Person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect Guarantor elects as a substitute cash manager (a “Substitute Cash Manager”) in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time. (c) The Cash Manager shall will use all commercially reasonable endeavours efforts to maintain in working order the information technology systems used by the Cash Manager in providing the Cash Management Services. (d) The Cash Manager shall will pass to any person Person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person Person as the Mortgages Guarantor and the Bond Trustee and/or Funding 1 and Funding 2 elect may select as a substitute cash manager Substitute Cash Manager in accordance with the terms of this Agreement the benefit of any warranties in relation to the software insofar as the same are capable of assignment.

Use of I.T. Systems. (a) The Cash Manager represents and warrants that at the date hereof in respect of the software which is to be used by the Cash Manager in providing the Cash Management Services it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software. (b) The Cash Manager undertakes that it shall for the duration of this Agreement, use reasonable endeavours to: (i) ensure that the licences and/or consents referred to in paragraph (a) are maintained in full force and effect; and (ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or and Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time. (c) The Cash Manager shall use reasonable endeavours to maintain in working order the information technology systems used by the Cash Manager in providing the Cash Management Services. (d) The Cash Manager shall pass to any person to whom it may sub-sub- contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or and Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement the benefit of any warranties in relation to the software insofar as the same are capable of assignment.

Use of I.T. Systems. (aA) The Cash Manager represents and warrants covenants that it or any entity that it has sub-contracted to pursuant to Clause 4.2 (Exceptions) does have, at the date hereof in respect of the software which is to be used by the Cash Manager or the relevant Sub-Contractor in providing the Cash Management Services Services, and for the duration of this Agreement it has shall ensure it or the relevant Sub-Contractor has: (1) in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software. (b) The Cash Manager undertakes that it shall for the duration of this Agreement, use reasonable endeavours to: (i) ensure that the licences and/or consents referred to in paragraph (a) are maintained in full force and effect; and (ii2) except in so far as it would breach any other of its legal obligations, grant granted to any person to whom it may sub-contract subcontract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect Issuer elects as a substitute successor cash manager in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to timetime or shall use all reasonable endeavours to ensure that such sub-contractor or delegate can access the Cash Manager's software and/or data files insofar as it is necessary for the sub-contractor or delegate to carry out the relevant Cash Management Services. (cB) The Cash Manager shall use reasonable endeavours to maintain in working order the information technology systems used by the Cash Manager in providing the Cash Management Services. (dC) The Cash Manager shall pass to any person to whom it may sub-contract subcontract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect Issuer elects as a substitute successor cash manager in accordance with the terms of this Agreement the benefit of any warranties in relation to the software insofar as the same are capable of assignment.

Use of I.T. Systems. (a) The Cash Manager represents and warrants that at the date hereof in respect of the software which is to be used by the Cash Manager in providing the Cash Management Services it has in place all necessary licences and/or consents from the respective licensor or licensors (if any) of such software. (b) The Cash Manager undertakes that it shall for the duration of this Agreement, use reasonable endeavours to: (i) ensure that the licences and/or consents referred to in paragraph (a) are maintained in full force and effect; and (ii) except in so far as it would breach any other of its legal obligations, grant to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement a licence to use any proprietary software together with any updates which may be made thereto from time to time. (c) The Cash Manager shall use reasonable endeavours to maintain in working order the information technology systems used by the Cash Manager in providing the Cash Management Services.. Back to Contents (d) The Cash Manager shall pass to any person to whom it may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement and/or to such person as the Mortgages Trustee and/or Funding 1 and Funding 2 elect as a substitute cash manager in accordance with the terms of this Agreement the benefit of any warranties in relation to the software insofar as the same are capable of assignment.