Common use of Rights and Duties of Client Clause in Contracts

Rights and Duties of Client. (a) Client agrees to deliver to Aegis on a monthly basis during the Initial Term of this Agreement, and any Extended Term, all requested data necessary to implement the approved Solicitation of Client's Target Market, including but not limited to Client's Customers names, addresses, telephone numbers, and original and current loan information in a format mutually agreed upon. (b) Commencing on a date agreed to by the parties, Client shall deliver monthly all necessary data from newly originated loan Customers not solicited or rescheduled at the point of origination during the previous quarterly period for additional Solicitation as mutually agreed upon by the parties. (c) Client shall appoint a specific liaison person or liaison team to Aegis through which all communications will flow and decisions will be made. (d) If Client becomes aware of any disclosure requirements during the enrollment phase which are mandated by federal and state banking and other regulations, Client will promptly inform Aegis of any changes in the aforementioned regulations which materially affect implementation of the Program. Notwithstanding the foregoing Client shall have no duty to learn of any changes in the law and shall not be liable to Aegis if it fails to advise Aegis of any such changes. Client will have sole approval rights to Subscriber Terms and Conditions. (e) Client agrees that services provided by Aegis shall not relieve Client from any obligation to maintain records in accordance with generally accepted servicing standards. Client retains responsibility at all times for maintaining adequate accounting management and reporting systems, audit functions, recovery routines, and the operation of on-site computer equipment. Services provided by Aegis will not impose upon or transfer to Aegis the responsibility for such functions. (f) Client shall indemnify and hold harmless Aegis and its authorized representative and service providers from and against any liability, claims, damages and costs (including reasonable attorneys' fees) arising out of any breach by Client of this Agreement or by any unauthorized warranties or representations made by Client's personnel or employees to any Prospect, Customer or Subscriber. (g) Client's duties outlined in this Section 4 shall be performed at Client's expense. (h) In addition to duties described in Sections 4(a) through 4(g), Client shall perform the item allocated to it on Exhibit B of this Agreement.