Pursuant to each Intercreditor. Agreement with respect to a Non-Trust-Serviced Loan Group, the owner of the related Non-Trust-Serviced Pari Passu Loan has agreed that such owner's rights in, to and under such Non-Trust-Serviced Pari Passu Loan are subject to the servicing and all other rights of the applicable Other Master Servicer and the applicable Other Special Servicer, and the applicable Other Master Servicer and the applicable Other Special Servicer are authorized and obligated to service and administer such Non-Trust-Serviced Pari Passu Loan pursuant to the applicable Other Pooling and Servicing Agreement. Notwithstanding anything herein to the contrary, the parties hereto acknowledge and agree that the Master Servicer's obligations and responsibilities hereunder and the Master Servicer's authority with respect to each Non-Trust-Serviced Pari Passu Loan are limited by and subject to the terms of the related Intercreditor Agreement and the rights of the applicable Other Master Servicer and the applicable Other Special Servicer with respect thereto under the applicable Other Pooling and Servicing Agreement. The Master Servicer shall use reasonable efforts consistent with the Servicing Standard to enforce the rights of the Trustee (as holder of each Non-Trust-Serviced Pari Passu Loan) under the related Intercreditor Agreement, except for those rights that are designated herein as specifically exercisable by the Operating Advisor (but the Master Servicer shall cooperate with the Operating Advisor upon request in that regard). In no event shall any party to this Agreement pay from an account maintained hereunder, or make an Advance for, the purchase price of a Non-Trust-Serviced Companion Loan. The Master Servicer shall take such actions as it shall deem reasonably necessary to facilitate the servicing of each Non-Trust-Serviced Pari Passu Loan by the applicable Other Master Servicer and the applicable Other Special Servicer including, but not limited to, delivering appropriate Requests for Release to the Trustee and Custodian (if any) in order to deliver any portion of the related Mortgage File to the applicable Other Master Servicer or applicable Other Special Servicer under the applicable Other Pooling and Servicing Agreement.
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2004 IQ8), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2004 IQ8), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2004 IQ8)