Common use of SERVICING/SPECIAL SERVICING Clause in Contracts

SERVICING/SPECIAL SERVICING. Lender may change the Servicer from time to time without the consent of the Borrowers, on prior written notice to the Borrowers. The Borrowers expressly acknowledge and agree that the Servicer's fees and Trustee's fees (to the extent not included in the Component Rate), and if the Loan becomes a specially serviced loan, any additional fees of the Servicer payable in connection therewith, and such additional trust fund expenses and fees, including any Rating Agency fees, as shall be incurred in connection with the Securitization (collectively, the "SERVICING FEE") shall be payable by the Borrowers and shall constitute a portion of the Obligations; provided, however, that at no time shall the Borrowers be liable for Servicing Fees in excess of those fees charged to Lender. Lender shall provide a reasonably detailed statement of Servicing Fees for which the Borrowers are liable two (2) Business Days prior to the date when due; provided that failure to timely provide such statement shall not relieve the Borrowers from the obligation to pay all such Servicing Fees.

SERVICING/SPECIAL SERVICING. Lender may change the Servicer from time to time without the consent of the Borrowers, on prior written notice to the Borrowers. The Borrowers expressly acknowledge and agree that the Servicer's fees and Trustee's fees (to the extent not included in the Component Rate), and if the Loan becomes a Loans become specially serviced loanloans, any additional fees of the Servicer payable in connection therewith, and such additional trust fund expenses and fees, including any Rating Agency fees, as shall be incurred in connection with the Securitization (collectively, the "SERVICING FEEServicing Fee") shall be payable by the Borrowers and shall constitute a portion of the Obligations; provided, however, that at no time shall the Borrowers be liable for Servicing Fees in excess of those fees charged to Lender. Lender shall provide a reasonably detailed statement of Servicing Fees for which the Borrowers are liable two (2) Business Days prior to the date when due; provided that failure to timely provide such statement shall not relieve the Borrowers from the obligation to pay all such Servicing Fees.