Covenants of Provider. Provider hereby covenants to do the following during the term of this Agreement: (a) Provider shall perform its obligations hereunder in a timely manner and with due care. (b) Provider shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, Office of Thrift Supervision regulations, state banking laws and regulations, insurance laws, the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Credit Billing Act and the Fair Debt Collection Practices Act. (c) Provider shall cooperate with the Bank and any retailers, dealers, associations and manufacturers for whom the Bank establishes programs and shall use its best efforts promptly to resolve all disputes with customers of the Bank that may arise in the course of performing the Services. (d) To the extent that Provider is required to perform Services in accordance with specific directions, guidelines, and criteria established by the Bank, Provider shall perform such Services in accordance with the specific directions, guidelines, and criteria established by the Bank and shall have no discretion in applying or waiving such directions, guidelines, and criteria. (e) Provider shall have no authority hereunder or implied to contract on behalf of the Bank with any third parties and shall not hold itself out as having such powers or authority. Provider shall forward all offers made to the Bank by third parties to officers or employees of the Bank for acceptance or rejection. (f) When performing Services in connection with collecting debts owed the Bank, Provider shall not hold itself out as an agent of the Bank, but rather shall hold itself out as an independent contractor collecting debts owed to the Bank. (g) Provider shall comply with the GE Integrity, Spirit and Letter Policy.
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Sources: Service Agreement (RFS Holding LLC)
Covenants of Provider. Provider hereby covenants to do the following during the term of this Agreement:
(a) Provider shall perform its obligations hereunder in a timely manner and with due care.
(b) Provider shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, Office of Thrift Supervision FDIC and OTS regulations, state banking laws and regulations, insurance laws, the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Credit Billing Act and the Fair Debt Collection Practices Act.
(c) Provider shall cooperate with the Bank Banking Group and any retailers, dealers, associations and manufacturers for whom the Bank Banking Group establishes programs and shall use its best efforts promptly to resolve all disputes with customers of the Bank that may arise in the course of performing the Servicescustomer disputes.
(d) To the extent that Provider is required to shall perform all Services in accordance with specific directions, guidelines, and criteria established by the Bank, Provider shall perform such Services in accordance with the specific directions, guidelines, and criteria established by the Bank Banking Group and shall have no discretion in applying or waiving such directions, guidelines, and criteria.
(e) Provider shall have no authority hereunder or implied to contract on behalf of the Bank with any third parties and shall not hold itself out as having such powers or authority. Provider shall forward all offers made to the Bank by third parties to officers or employees of the Bank for acceptance or rejection.
(f) Provider shall provide the Bank with a list of its servicing facilities, the state(s) in which such facilities are found and the Services performed at each such location, and shall not relocate facilities or services without the prior written consent of the Bank.
(g) When performing Services in connection with collecting debts owed the Bank, Provider shall not hold itself out as an agent of the Bank, but rather shall hold itself out as an independent contractor collecting debts owed to the Bank.
(gh) Provider shall comply with the GE Integrity, Spirit and Letter Policy.
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