Use of Subservicers Sample Clauses

Use of Subservicers. It shall not be necessary for the Servicer to seek the consent of the Owner to the utilization of any Subservicer, including an Affiliate acting as a Subservicer; provided, however, that the Servicer delivers any notices or obtains any consents or approvals otherwise required by the applicable Guide. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Owner any servicer compliance statement required to be delivered by such Subservicer under Section 6.02 and any assessment of compliance and attestation required to be delivered by such Subservicer under Section 6.03.
Sample 1Sample 2Sample 3See All (20)
AutoNDA by SimpleDocs
Use of Subservicers. The Borrower is not using a subservicer with respect to any Mortgage Loan.
Sample 1Sample 2Sample 3See All (5)
Use of Subservicers. No Borrower shall use a subservicer, other than the Subservicer, with respect to any Mortgage Loan without Lender’s prior written consent; provided that Lender will be deemed to consent if the subservicer is approved by the Applicable Agency. Each Borrower shall provide prior notice to Lender with respect to the use of a subservicer, other than the Subservicer, or a change in subservicer.
Sample 1Sample 2See All (5)
Use of Subservicers. (a) Servicer shall have the right to perform any portion of the Services through one or more subservicers; provided that (i) any subservicer that is not an Affiliate of Servicer shall be subject to approval pursuant to Article III of the Program Agreement and the procedures set forth in this Section 2.05, (ii) Servicer shall remain fully responsible to Bank for the portion of the Services performed by any such subservicer(s) (including its Affiliates) to the same extent Servicer would be responsible if it performed such functions itself, and (iii) Servicer shall cause each such subservicer to comply with Servicer’s obligations under this Agreement. Without limiting the generality of the foregoing, Servicer shall require each such subservicer the same, or substantially the same, level of risk mitigation and compliance as Servicer is required to provide under this Agreement. Notwithstanding the foregoing, but subject to the other provisions of this Section 2.05, to the extent Servicer subcontracts or outsources to any third party any Services as of the date hereof, Servicer may continue to subcontract or outsource such Services to such third party. (b) Prior to seeking the approval of the Management Committee pursuant to Article III of the Program Agreement in connection with the use by Servicer of one or more subservicers, other than an Affiliate of the Servicer, to perform any of the obligations to be performed by Servicer under this Agreement, Servicer shall give the Management Committee at least thirty (30) days’ prior written notice, which notice shall specify the scope of the proposed Services (including the specific services) to be performed by such subservicer, the identity or qualifications of such subservicer, the proposed site from which such services would be provided, and a written description of the scope and materials terms of the proposed agreement to be entered into by Servicer and such subservicer. Servicer shall perform reasonable due diligence in accordance with Servicer’s then-current due diligence policies and procedures, and such diligence shall include any diligence that may be required by Bank to ensure compliance with Applicable Laws, in each case, on such subservicer that Servicer desires to retain. Upon the request of Bank, Servicer shall provide a copy of such due diligence assessment to Bank. (c) Servicer agrees to make commercially reasonable efforts to provide Bank, upon Bank’s written reasonable request, with reasonable infor...
Sample 1Sample 2See All (4)
Use of Subservicers. Borrower shall not use a subservicer, other than the Subservicer, with respect to any Mortgage Loan without Lender's prior written consent, which consent shall not be unreasonably withheld.
Sample 1See All (4)
Use of Subservicers. Servicer shall have the right to perform any portion of the Services through one or more subservicers; provided that (i) any subservicer that is not an Affiliate of Servicer shall be subject to approval pursuant to Article III of the Program Agreement and (ii) Servicer shall remain fully responsible to Bank for the portion of the Services performed by any such subservicer(s) (including its Affiliates). Notwithstanding the foregoing, to the extent Servicer subcontracts or outsources to any third party any Services as of the date hereof, Servicer may continue to subcontract or outsource such Services to such third party.
Sample 1Sample 2Sample 3
Use of Subservicers. Servicer shall have the right to perform any portion of the Services through one or more subservicers provided (i) that any subservicer that is not an Affiliate of Servicer shall be approved by the Operating Committee and (ii) that Servicer shall remain fully responsible to Household Bank for the portion of the Services performed by any such subservicer(s). Any subservicing agreement shall be consistent with the terms of this Agreement.
Sample 1
AutoNDA by SimpleDocs
Use of Subservicers. As set forth in Part 1, Section 206 of the Servicing Guide, even if a subservicing arrangement is known, approved of, or consented to, by Xxxxxx Xxx, Lender remains fully liable to Xxxxxx Mae for the performance of all Other Obligations by a subservicer. Xxxxxx Xxx may enforce any rights and remedies it may have against Lender for breach of the Other Obligations by a subservicer. In addition to the foregoing and not in limitation thereof, Xxxxxx Mae also may enforce any rights and remedies it may have against any subservicer for breach of the Other Obligations.
Sample 1
Use of Subservicers. It shall not be necessary for the Servicer to seek the consent of the Owner to the utilization of any Subservicer, including an Affiliate acting as a Subservicer; provided, however, that the Servicer delivers any notices or obtains any consents or approvals otherwise required by the applicable Guide. The Servicer shall be responsible for obtaining from each Subservicer and delivering to the Owner any servicer compliance statement required to be delivered by such Subservicer under Section 6.02 and any assessment of compliance and attestation required to be delivered by such Subservicer under Section 6.03. NY1 8630204v.6
Sample 1

Related to Use of Subservicers

  • Use of sub-processors (a) The data importer has the data exporter’s general authorisation for the engagement of sub- processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub- processors at least within ten (10) days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object. (b) Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of third-party beneficiary rights for data subjects. The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.

  • Use of Subcustodian (a) The Bank will identify such Assets on its books as belonging to the Customer. (b) A Subcustodian will hold such Assets together with assets belonging to other customers of the Bank in accounts identified on such Subcustodian's books as special custody accounts for the exclusive benefit of customers of the Bank. (c) Any Assets in the Accounts held by a Subcustodian will be subject only to the instructions of the Bank or its agent. Any Securities held in a securities depository for the account of a Subcustodian will be subject only to the instructions of such Subcustodian. (d) Any agreement the Bank enters into with a Subcustodian for holding its customer’s assets shall provide that such assets will not be subject to any right, charge, security interest, lien or claim of any kind in favor of such Subcustodian or its creditors except for a claim for payment for safe custody or administration, and that the beneficial ownership of such assets will be freely transferable without the payment of money or value other than for safe custody or administration. The foregoing shall not apply to the extent of any special agreement or arrangement made by the Customer with any particular Subcustodian.

  • Use of Subcontractors Nothing in this Appendix 2 shall prevent the Interconnection Parties from utilizing the services of subcontractors as they deem appropriate to perform their respective obligations hereunder, provided, however, that each Interconnection Party shall require its subcontractors to comply with all applicable terms and conditions of this Appendix 2 in providing such services.

  • USE OF SUB-ADVISERS You may delegate any or all of the responsibilities, rights or duties described above to one or more sub-advisers who shall enter into agreements with you, provided the agreements are approved and ratified (i) by the Board including a majority of the trustees who are not interested persons of you or of the Trust, cast in person at a meeting called for the purpose of voting on such approval, and (ii) if required under interpretations of the Investment Company Act of 1940, as amended (the “Act”) by the Securities and Exchange Commission or its staff, by vote of the holders of a majority of the outstanding voting securities of the applicable Fund (unless the Trust has obtained an exemption from the provisions of Section 15(a) of the Act). Any such delegation shall not relieve you from any liability hereunder.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!