Notwithstanding the foregoing provisions of this [Section 6(e)], in lieu of the Seller performing its repurchase or substitution obligations with respect to any Material Defect provided in this [Section 6(e)], to the extent that the Seller and the ​ (or, following the assignment of the Mortgage Loans to the Trust, the Enforcing Servicer, on behalf of the Trust, and, if no Control Termination Event has occurred and is continuing, with the consent of the Directing Holder) are able to agree upon the Loss of Value Payment for a Material Defect, the Seller may elect, in its sole discretion, to pay such Loss of Value Payment to the ​ (or its assignee); provided that a Material Defect as a result of a Mortgage Loan not constituting a Qualified Mortgage may not be cured by a Loss of Value Payment. Upon its making such payment, the Seller shall be deemed to have cured such Material Defect in all respects. Provided such payment is made, this paragraph describes the sole remedy available to the ​ and its assignees regarding any such Material Defect, and the Seller shall not be obligated to repurchase or replace the related Mortgage Loan or otherwise cure such Material Defect.

Correction of Deficiencies after FAR for Initial Customer Satellites. If at any time following completion of FAR of an Initial Customer Satellite (as defined below) and prior to Final Acceptance of such Initial Customer Satellite, it is discovered that an Initial Customer Satellite has or may have a defect or otherwise fails to meet the requirements of [Article 10.1.1], as may be modified as of such time pursuant to [Article 10.1.1], Contractor shall correct, within the shortest time possible given the type of defect, such defect prior to Final Acceptance in accordance with the applicable terms of this Contract, including the Statement of Work, at its own expense, and Contractor shall, on a commercially reasonable efforts basis, avoid and minimize delays associated with the correction of any such defect. ​.

NOTWITHSTANDING THE ABOVE, EACH PARTY (THE “INDEMNIFYING PARTY”) WILL INDEMNIFY AND HOLD THE OTHER PARTY AND SUCH OTHER PARTY’S CONTRACTORS AND SUBCONTRACTORS, AND THE OFFICERS, DIRECTORS AND EMPLOYEES OF EACH OF THEM (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY CLAIMS AGAINST THE INDEMNIFIED PARTIES ASSERTED BY THE INDEMNIFYING PARTY OR ANY OF ITS CONTRACTORS OR SUBCONTRACTORS, OR ANY EMPLOYEE OF ANY OF THEM, FOR PERSONAL INJURIES SUSTAINED IN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT WITH INDEMNIFYING PARTY OR ITS CONTRACTOR OR SUBCONTRACTOR, AS APPLICABLE, WHILE ON AN INDEMNIFIED PARTIES’ PROPERTY AND PERFORMING SERVICES UNDER THIS AGREEMENT. THE LIABILITY OF THE INDEMNIFYING PARTY SHALL BE SUBJECT TO THE LIMITATIONS OF CLAUSE (2) OF THIS SECTION 16 BELOW, AND SHALL APPLY WITHOUT REGARD TO THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, OR PASSIVE), STRICT LIABILITY, STATUTORY LIABILITY, OR OTHER FAULT, BUT EXCLUDING THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OF ANY MEMBER OF THE INDEMNIFIED PARTIES OR THE EXISTENCE OF ANY DEFECT (WHETHER PATENT, LATENT, OR OTHERWISE).

Subject to the Seller’s right to cure set forth above in this [Section 6(e)], and further subject to [[Sections 2.01(b) and 2.01(c)])]])] of the Pooling and Servicing Agreement, failure of the Seller to deliver the documents referred to in clauses (1), (2), (7), (8), # and # in the definition of “Mortgage File” in the Pooling and Servicing Agreement in accordance with this Agreement and the Pooling and Servicing Agreement for any Mortgage Loan shall be deemed a Material Document Defect; provided, however, that no Document Defect (except such deemed Material Document Defect described above) shall be considered to be a Material Document Defect unless the document with respect to which the Document Defect exists is required in connection with an imminent enforcement of the lender’s rights or remedies under the related Mortgage Loan, defending any claim asserted by any Mortgagor or third party with respect to the Mortgage Loan, establishing the validity or priority of any lien on any collateral securing the Mortgage Loan or for any immediate significant servicing obligation.

No delay in either the discovery of a Material Defect on the part of any party to the Pooling and Servicing Agreement or in providing notice of such Material Defect shall relieve the Mortgage Loan [[Organization A:Organization]] of its obligation to repurchase the related Mortgage Loan (if it is otherwise required to do so under this Agreement) unless # the Mortgage Loan [[Organization A:Organization]] did not otherwise discover or have knowledge of such Material Defect, # such delay is the result of the failure by a party to the Pooling and Servicing Agreement to provide prompt notice as required by the terms of the Pooling and Servicing Agreement after such party has actual knowledge of such Material Defect (knowledge shall not be deemed to exist by reason of the custodian’s exception report) and such delay precludes the Mortgage Loan [[Organization A:Organization]] from curing such Material Defect and # provided that the Mortgage Loan [[Organization A:Organization]] is afforded a cure period of 90 days from the Mortgage Loan [[Organization A:Organization]]’s receipt of notice thereof, such Material Defect did not relate to a Mortgage Loan not being a Qualified Mortgage as described in this section. Notwithstanding the foregoing, if a Mortgage Loan is not secured by a Mortgaged Property that is, in whole or in part, a hotel, restaurant (operated by a Mortgagor), healthcare facility, nursing home, assisted living facility, self-storage facility, theatre or fitness center (operated by a Mortgagor), then the failure to deliver to the Custodian copies of the UCC Financing Statements with respect to such Mortgage Loan shall not be a Material Defect.

If the Contractor determines that any Software defect or nonconformity can be diagnosed or remedied more effectively at Customer’s own facilities, or some other location, the Contractor shall at its own expense, diagnose and remedy the Software defect or nonconformity at such other location in a way calculated to minimize interference with Customer’s use of such facilities.

but for such error or defect, the Mortgage Loan would be eligible for sale to an Agency;

correct any defect, supply any omission or reconcile any inconsistency in the Plan, any Option or Option Agreement;

costs to correct any construction defect in the Project or to remedy any violation of a covenant, condition, restriction, underwriter's requirement or law that exists as of the Lease Commencement Date;

to cure any ambiguity, omission, typographical error, mistake, defect or inconsistency if such amendment, modification or supplement does not adversely affect the rights of the Administrative Agent or any Lender; or