Common use of Purchaser Due Diligence Clause in Contracts

Purchaser Due Diligence. (a) Prior to Servicing Transfer Date hereunder, the Purchaser, including its third-party auditors and regulatory officials with regulatory authority over the Purchaser, shall have the right, during the Seller’s normal business hours and upon reasonable advance written notice to the Seller, to examine, audit and review any and all books, records, documentation or other information of the Seller concerning the Mortgage Loans or Servicing Rights, whether electronic or otherwise and whether held by the Seller or another party on Seller’s behalf, other than any such books, records, documentation or other information that the Seller is restricted from disclosing by applicable law or regulation. In connection with any such examination, audit or review, the Seller shall provide the Purchaser or its agents or designees with reasonable access to its facilities, employees, servicing and origination systems, subject to Seller’s confidentiality requirements, including, but not limited to, with respect to Seller’s clients unrelated to the Servicing Rights and Applicable Privacy Laws, and shall cooperate in good faith in responding to any reasonable inquiries. (b) Unless otherwise prohibited by law or regulation and subject to Seller’s confidentiality requirements, the Seller will respond to reasonable inquiries from the Purchaser regarding the Seller’s compliance with, and ability to perform its obligations under, the provisions of this Agreement, including without limitation reasonable inquiries regarding the Seller’s qualifications, expertise, capacity and staffing levels, training programs, work quality and workload balance, reputation (including complaints), information security, document custody practices, business continuity and financial viability.

Appears in 2 contracts

Sources: Agreement for the Bulk Purchase and Sale of Mortgage Servicing Rights (Home Point Capital Inc.), Agreement for the Bulk Purchase and Sale of Mortgage Servicing Rights (Mr. Cooper Group Inc.)