F. Disclaimer of Warranties.1. THE SYSTEMS, THE WEBSITE, AND DOCUMENTATION, AS WELL AS ALL SERVICES, AREPROVIDED “AS IS,” AND BUYER AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANYAND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED ORSTATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF,MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER AND ITS SUPPLIERSDO NOT WARRANT OR REPRESENT THAT THE SYSTEMS AND WEBSITE, DOCUMENTATIONOR SERVICES WILL BE FREE FROM BUGS OR THAT THEIR USE WILL BE UNINTERRUPTEDOR ERROR-FREE, OR MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES REGARDINGTHE USE, OR THE RESULTS OF THE USE, OF THE SYSTEMS AND WEBSITE IN TERMS OFCORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. B/C ACKNOWLEDGES THATBUYER IS NOT RESPONSIBLE FOR AND WILL HAVE NO LIABILITY FOR HARDWARE,SYSTEMS AND WEBSITE OR OTHER ITEMS OR ANY SERVICES PROVIDED BY BUYER ORANY OTHER PERSON OR FOR NETWORK FAILURE. B/C FURTHER ACKNOWLEDGES THAT ITHAS RELIED ON NO OTHER WARRANTIES CONTAINED IN THIS AGREEMENT OTHER THANTHE EXPRESS WARRANTIES SET FORTH IN THIS SECTION F.IN WITNESS WHEREOF, the parties have set their hands and seals the day and year firstabove written.__________________________________________________________________Signature of Authorized Officer, Title__________________________________________________________________Name (please print)DateInitials:________ BC App Ver. 7.7 10/06/2014 Page 38
ANTI-MONEY LAUNDERING LAWS ADDENDUMB/C shall <strong>com</strong>ply with all applicable anti-money laundering laws and regulations, includingwithout limitation the USA Patriot Act of 2001, The Bank Secrecy Act ("BSA") and thestatutes, rules and regulations administered by the Office of Foreign Assets Control("OFAC"), the Financial Crimes Enforcement Network ("FinCEN") and any other similar local,State or Federal Law related to anti money laundering and financial transaction security andintegrity that may be enacted from time to time (collectively, the “Anti-Money LaunderingLaws”)B/C has established an anti-money laundering <strong>com</strong>pliance program as required by the Anti-Money Laundering Laws, has conducted the requisite due diligence in connection with theorigination of each <strong>Mortgage</strong> Loan for purposes of the Anti-Money Laundering Laws,including with respect to the legitimacy of the applicable borrower and the origin of theassets used by the said borrower to purchase the property in question, and maintains, andwill maintain, sufficient information to identify the applicable borrower for purposes of theAnti-Money Laundering Laws. B/C agrees to provide the copy of anti-money laundering<strong>com</strong>pliance program established by the <strong>com</strong>pany to <strong>SWMC</strong> for review.B/C shall indemnify, defend and hold <strong>SWMC</strong> harmless from and against any and all losses,damages, claims, actions, causes of action, liabilities, obligations, judgments, penalties,fines, forfeitures, costs and expenses, including, without limitation, legal fees and expenses,that result from the submission or sale of any <strong>Mortgage</strong> Loan that does not <strong>com</strong>ply in allrespects with all applicable Anti-Money Laundering LawsThe <strong>Mortgage</strong> Loan is not subject to nullification pursuant to Executive Order 13224 (the“Executive Order”) or the regulations promulgated by the Office of Foreign Assets Control ofthe United States Department of the Treasury (the “OFAC Regulations”) or in violation of theExecutive Order or the OFAC Regulations, and the borrower is not subject to the provisionsof such Executive Order or the OFAC Regulations nor listed as a “blocked person” forpurposes of the OFAC Regulations.If such <strong>Mortgage</strong> Loan violates applicable Anti-Money Laundering Laws, <strong>SWMC</strong> may, inaddition to all available rights and remedies at law or in equity including, but not limited to,the indemnities set forth above: (1) value such <strong>Mortgage</strong> Loan at zero for collateralpurposes, (2) require B/C to repurchase the affected <strong>Mortgage</strong> Loan, and (3) require B/C toundertake a review of its policies, practices, and procedures for <strong>com</strong>plying with <strong>SWMC</strong>’spolicies.__________________________________________________________________Signature of Authorized Officer, Title__________________________________________________________________Name (please print)DateInitials:________ BC App Ver. 7.7 10/06/2014 Page 39
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