General Terms and Conditions During the term of this Contract, Contractor agrees to procure and maintain insurance which meets all County’s requirements in the General Terms and Conditions.
ADDITIONAL TERMS AND CONDITIONS This Annex A to the Second Amended and Restated Servicing Agreement, dated October 31, 2021 (the “Agreement”), among Xxxxx Bank and Xxxxx Trust Company, as Sellers, the Bank Assets Purchaser and, upon execution of the Joinder Agreement, the Delaware Trust Assets Purchaser, as Purchasers, and Guarantor (solely for purposes of Section 9.5 of the Agreement), is incorporated into and deemed part of the Agreement in all respects.
SETTLEMENT TERMS AND CONDITIONS Without admitting or denying the Department’s findings, Guaranteed Home is willing to resolve the violation cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein, the Settling Parties agree, as follows: 1. Guaranteed Home agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of the Federal Truth-In-Lending Act and Regulation Z, Title 18 U.S.C. §709, Article 12-D of the Banking Law, and Part 38 of the General Regulations of the Banking Board; and b. ensuring that its advertisements do not utilize the name or the seal of any government agency, including HUD and FHA, to imply that the advertisements are from or its services or products have some connection with, authorization from, or are endorsed by such government agency; and c. ensuring that its advertisements do not mislead consumers as to the identity of the party offering credit; and d. ensuring that its advertisements do not otherwise mislead consumers as to the terms and conditions of credit it is offering and that such advertisements disclose clearly and conspicuously the existence of material terms, conditions, and limitations relating to any advertised offer of credit; and e. ensuring that it will not advertise terms of credit using footnotes, asterisks, small print and color contrasts that materially contradict or modify the principal message of its advertisements, and will disclose clearly and conspicuously all material information. 2. Guaranteed Home agrees to develop appropriate written advertisement policies and procedures designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements, and guidelines. The policies and procedures shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements, and guidelines; (ii) include a listing of all applicable laws, regulations, and truth in advertising guidelines; (iii) establish a mechanism for ensuring that all applicable laws, regulations, and truth in advertising guidelines are met; (iv) establish a training program to ensure that Guaranteed Home and its employees involved in preparing or approving advertisements understand all applicable federal and state laws, regulations, and truth in advertising guidelines. 3. Within ninety (90) days from the effective date of this Agreement, Guaranteed Home agrees to submit a draft of its advertisement policies and procedures to the Banking Department for non-objection or comment. 4. Within one hundred twenty (120) days from the effective date of this Agreement, Guaranteed Home agrees to submit a copy of its final advertisement policies and procedures to the Banking Department together with a letter from an authorized officer of Guaranteed Home indicating his/her approval of such policies and procedures. Guaranteed Home further agrees to provide copies of all advertisements run by it for the twelve (12) month period following the effective date of this Agreement. 5. Guaranteed Home agrees to pay a penalty of $ 7,500. 6. Guaranteed Home further agrees that such payment will be made in immediately available funds in accordance with Banking Department payment instructions.