Common use of Duties and Responsibilities of Servicer Clause in Contracts

Duties and Responsibilities of Servicer. (a) In addition to any other customary services which the Servicer may perform or may be required to perform hereunder, the Servicer shall perform or cause to be performed through sub-servicers, as applicable, the following servicing and collection activities in accordance with the terms of this Agreement: (i) perform standard accounting services and general record keeping services with respect to the Receivables; (ii) respond to telephone or written inquiries of Obligors concerning the Receivables; (iii) keep Obligors informed of the proper place and method for making payment with respect to the Receivables; (iv) contact Obligors to effect collections and to discourage delinquencies in the payment of amounts owed under the Receivables and doing so by any lawful means; (v) report tax information to Obligors and taxing authorities to the extent required by Requirements of Law; (vi) take such other action as may be necessary or appropriate in the discretion of the Servicer for the purpose of collecting and transferring to the Indenture Trustee for deposit into the Collection Account all payments received by the Servicer or remitted to the Lockbox Account in respect of the Receivables (except as otherwise expressly provided herein), and to carry out the duties and obligations imposed upon the Servicer pursuant to the terms of this Agreement; (vii) arranging for liquidations of Intervals related to Defaulted Receivables, as applicable, and the remarketing of such Intervals as provided herein; it being understood that except as expressly set forth herein or in the Indenture, the Servicer shall not sell Defaulted Receivables; (viii) use reasonable best efforts to enforce the purchase and substitution obligations of the Sellers under the Sale and Contribution Agreement; (ix) to the extent that the Custodian Fees or the Lockbox Fees are, in the Servicer's reasonable business judgment, no longer commercially reasonable, use commercially reasonable efforts to (i) obtain reasonable fees from the existing Custodian or Lockbox Bank, as applicable, or (ii) exercise its rights under the Custodial Agreement or the Lockbox Agreement to replace the Custodian or Lockbox Bank, as applicable, in accordance with the Custodial Agreement or Lockbox Agreement, as the case may be. Any such successor shall be reasonably acceptable to the Facility Administrator; (x) diligently pursue all exceptions to the Receivables Files delivered to the Custodian; and (xi) delivery of such information and data to the Backup Servicer as is required under the Backup Servicing Agreement.

Duties and Responsibilities of Servicer. (a) In addition to any other customary services which the Servicer may perform or may be required to perform hereunder, the Servicer shall perform or cause to be performed through sub-servicers, as applicable, the following servicing and collection activities in accordance with the terms of this Agreement: (i) perform standard accounting services and general record keeping services with respect to the Receivables; (ii) respond to telephone or written inquiries of Obligors concerning the Receivables; (iii) keep Obligors informed of the proper place and method for making payment with respect to the Receivables; (iv) contact Obligors to effect collections and to discourage delinquencies in the payment of amounts owed under the Receivables and doing so by any lawful means; (v) report tax information to Obligors and taxing authorities to the extent required by Requirements of Law; (vi) take such other action as may be necessary or appropriate in the discretion of the Servicer for the purpose of collecting and transferring to the Indenture Trustee for deposit into the Collection Account all payments received by the Servicer or remitted to the Lockbox Account in respect of the Receivables (except as otherwise expressly provided herein), and to carry out the duties and obligations imposed upon the Servicer pursuant to the terms of this Agreement; (vii) arranging arrange for liquidations of Intervals related to Defaulted Receivables, as applicable, and the remarketing of such Intervals as provided herein; it being understood that except as expressly set forth herein or in the Indenture, the Servicer shall not sell Defaulted Receivables; (viii) use reasonable best efforts to enforce the purchase and substitution obligations of the Sellers under the Sale and Contribution Agreement; (ix) to the extent that the Custodian Fees or the Lockbox Fees are, in the Servicer's reasonable business judgment, no longer commercially reasonable, use commercially reasonable efforts to (i) obtain reasonable fees from the existing Custodian or Lockbox Bank, as applicable, or (ii) exercise its rights under the Custodial Agreement or the Lockbox Agreement to replace the Custodian or Lockbox Bank, as applicable, in accordance with the Custodial Agreement or Lockbox Agreement, as the case may be. Any such successor shall be reasonably acceptable to the Facility Administrator; (x) diligently pursue all exceptions to the Receivables Files delivered to the Custodian; and; (xi) delivery of such information and data to the Backup Servicer as is required under the Backup Servicing Agreement; (xii) provide the required annual Gramm-Leach-Bliley notices to Obligors in accordance w▇▇▇ ▇▇▇ ▇▇ ▇▇▇ extent required by the Gramm-Leach-Bliley Act, as amended or modified from time to time; (▇▇▇▇) to the extent applicable, deliver any new or amended information contained in any new or amended ACH Forms executed by an Obligor to the Back-up Servicer in computer file or files stored on diskette, magnetic tape or provided electronically to the Back-up Servicer; (xiv) provide documents related to the Receivables to the Indenture Trustee and Custodian as provided in Section 2.2(b); (xv) process all optional release activities pursuant to the Servicer Purchase Option; (xvi) bill, collect and remit moneys payable hereunder and under the ▇ther Transaction Documents; and (xvii) maintain the same file identifier for each Receivable as is used in connection with the Purchase related thereto.