Common use of Cure Services for Rejected Account(s Clause in Contracts

Cure Services for Rejected Account(s. A. For any Account rejected by the Guarantor in whole or in part because of servicing error which occurred prior to [•]’s servicing or for which [•] is otherwise not liable under the Servicing Agreement, [•] and/or an outside collection agency selected by [•] will attempt to reinstate the guaranty (cure) on the Account under the terms and conditions specified below and for the fees specified herein. B. Cure services shall generally include: (1) Using best efforts to locate the borrower in the event the borrower’s address is invalid; (2) Upon location, certifying, in a manner acceptable to the Department and the applicable Guarantor, that the borrower has been located in the event a “locate cure” is required; (3) Performing all written and telephone contacts as required for locate cure by the Department and the Guarantor necessary to claim file the Account with the Guarantor; and/or (4) Using best efforts to cause the borrower to make one full payment or return a signed repayment obligation (RO) in the event a “payment or RO cure” is required. C. [•] will use best efforts to undertake such cure services within 30 days of receipt of a rejected Account. If [•] is unable to cure the Account within an approximate 45-day period following commencement of cure services, or if [•] in its sole judgment determines not to attempt to cure the Account itself, [•] will place the Account with a “1st placement” outside collection agency for a period generally not longer than 180 days. If the “1st placement” collection agency is unable to cure the Account within the specified time frame, [•] will then place the Account with a “2nd placement” collection agency for a period generally not longer than 270 days. If the “2nd placement” collection agency is unable to cure the Account within the specified time frame, [•] will then place the Account with a “3rd placement” collection agency for a period generally not longer than an additional 270 days. Following placement with any outside collection agency, [•] shall only be responsible for administrative services in interfacing with such agency on the Accounts involved. [•] shall not have any responsibility for training or otherwise supervising the outside collection agency or its personnel.

Appears in 2 contracts

Samples: Servicing Agreement (Goal Capital Funding, LLC), Servicing Agreement (Goal Capital Funding, LLC)

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Cure Services for Rejected Account(s. A. For any Account rejected by the Guarantor in whole or in part because of servicing error which occurred prior to [•]ACS’s servicing or for which [•] ACS is otherwise not liable under the Servicing Agreement, [•] ACS and/or an outside collection agency selected by [•] ACS will attempt to reinstate the guaranty (cure) on the Account under the terms and conditions specified below and for the fees specified herein. B. Cure services shall generally include: (1) Using best efforts to locate the borrower in the event the borrower’s address is invalid; (2) Upon location, certifying, in a manner acceptable to the Department and the applicable Guarantor, that the borrower has been located in the event a “locate cure” is required; (3) Performing all written and telephone contacts as required for locate cure by the Department and the Guarantor necessary to claim file the Account with the Guarantor; and/or (4) Using best efforts to cause the borrower to make one full payment or return a signed repayment obligation (RO) in the event a “payment or RO cure” is required. C. [•] ACS will use best efforts to undertake such cure services within 30 days of receipt of a rejected Account. If [•] ACS is unable to cure the Account within an approximate 45-day period following commencement of cure services, or if [•] ACS in its sole judgment determines not to attempt to cure the Account itself, [•] ACS will place the Account with a “1st placement” outside collection agency for a period generally not longer than 180 days. If the “1st placement” collection agency is unable to cure the Account within the specified time frame, [•] ACS will then place the Account with a “2nd placement” collection agency for a period generally not longer than 270 days. If the “2nd placement” collection agency is unable to cure the Account within the specified time frame, [•] ACS will then place the Account with a “3rd placement” collection agency for a period generally not longer than an additional 270 days. Following placement with any outside collection agency, [•] ACS shall only be responsible for administrative services in interfacing with such agency on the Accounts involved. [•] ACS shall not have any responsibility for training or otherwise supervising the outside collection agency or its personnel. D. For the cure services specified herein, LENDER shall pay to ACS a fee for each Account cured as specified in Exhibit E-1. Such fees are subject to adjustment from time to time upon 30 days’ prior written notice from ACS to LENDER. E. If LENDER wishes ACS to arrange on LENDER’s behalf for additional collection agency services on rejected Accounts for which no cure is successfully accomplished hereunder, the terms applicable thereto are set forth in Exhibit E-2. If no Exhibit E-2 is attached, ACS shall not provide such services.

Appears in 2 contracts

Samples: Federal Ffel Servicing Agreement (Goal Capital Funding, LLC), Servicing Agreement (Goal Capital Funding, LLC)

Cure Services for Rejected Account(s. A. For any Account rejected by the Guarantor in whole or in part because of servicing error which occurred prior to [•]ACS’s servicing or for which [•] ACS is otherwise not liable under the Servicing Agreement, [•] ACS and/or an outside collection agency selected by [•] ACS will attempt to reinstate the guaranty (cure) on the Account under the terms and conditions specified below and for the fees specified herein. B. Cure services shall generally include: (1) Using best efforts to locate the borrower in the event the borrower’s address is invalid; (2) Upon location, certifying, in a manner acceptable to the Department and the applicable Guarantor, that the borrower has been located in the event a “locate cure” is required; (3) Performing all written and telephone contacts as required for locate cure by the Department and the Guarantor necessary to claim file the Account with the Guarantor; and/or (4) Using best efforts to cause the borrower to make one full payment or return a signed repayment obligation (RO) in the event a “payment or RO cure” is required. C. [•] ACS will use best efforts to undertake such cure services within 30 days of receipt of a rejected Account. If [•] ACS is unable to cure the Account within an approximate 45-day period following commencement of cure services, or if [•] ACS in its sole judgment determines not to attempt to cure the Account itself, [•] ACS will place the Account with a “1st placement” outside collection agency for a period generally not longer than 180 days. If the “1st placement” collection agency is unable to cure the Account within the specified time frame, [•] ACS will then place the Account with a “2nd placement” collection agency for a period generally not longer than 270 days. If the “2nd placement” collection agency is unable to cure the Account within the specified time frame, [•] ACS will then place the Account with a “3rd placement” collection agency for a period generally not longer than an additional 270 days. Following placement with any outside collection agency, [•] Confidential and Proprietary Exhibit E-1 ACS shall only be responsible for administrative services in interfacing with such agency on the Accounts involved. [•] ACS shall not have any responsibility for training or otherwise supervising the outside collection agency or its personnel. D. For the cure services specified herein, LENDER shall pay to ACS a fee for each Account cured as specified in Exhibit E-1. Such fees are subject to adjustment from time to time upon 30 days’ prior written notice from ACS to LENDER. E. If LENDER wishes ACS to arrange on LENDER’s behalf for additional collection agency services on rejected Accounts for which no cure is successfully accomplished hereunder, the terms applicable thereto are set forth in Exhibit E-2. If no Exhibit E-2 is attached, ACS shall not provide such services.

Appears in 1 contract

Samples: Servicing Agreement (Goal Capital Funding, LLC)

Cure Services for Rejected Account(s. A. For any Account rejected by the Guarantor in whole or in part because of servicing error which occurred prior to [•]AFSA’s servicing or for which [•] AFSA is otherwise not liable under the Servicing Agreement, [•] AFSA and/or an outside collection agency selected by [•] AFSA will attempt to reinstate the guaranty (cure) on the Account under the terms and conditions specified below and for the fees specified herein. B. Cure services shall generally include:. (1) Using best efforts to locate the borrower in the event the borrower’s address is invalid; (2) Upon location, certifying, in a manner acceptable to the Department and the applicable Guarantor, that the borrower has been located in the event a “locate cure” is required; (3) Performing all written and telephone contacts as required for locate cure by the Department and the Guarantor necessary to claim file the Account with the Guarantor; and/or (4) Using best efforts to cause the borrower to make one full payment or return a signed repayment obligation (RO) in the event a “payment or RO cure” is required. C. [•] AFSA will use best efforts to undertake such suds cure services within 30 days of receipt of a rejected Account. If [•] AFSA is unable to cure the Account within an approximate 45-day period following commencement of cure services, or if [•] AFSA in its sole judgment determines not to attempt to cure the Account itself, [•] AFSA will place the Account with a “1st placement” outside collection agency for a period generally not longer than 180 days. If the “1st placement” collection agency is unable to cure the Account within the specified time frame, [•] AFSA will then place the Account with a “2nd placement” collection agency for a period generally not longer than 270 days. If the “2nd placement” collection agency is unable to cure the Account within the specified time frame, [•] AFSA will then place the Account with a “3rd placement” collection agency for a period generally not longer than an additional 270 days. Following placement with any outside collection agency, [•] AFSA shall only be responsible for administrative services in interfacing with such agency on the Accounts involved. [•] AFSA shall not have any responsibility for training or otherwise supervising the outside collection agency or its personnel. D. For the cure services specified herein, LENDER shall pay to AFSA a fee for each Account cured as specified in Exhibit E-1. Such fees are subject to adjustment from time to time upon 30 days’ prior written notice from AFSA to LENDER. E. If XXXXXX wishes AFSA to arrange on XXXXXX’s behalf for additional collection agency services on rejected Accounts for which no cure is successfully accomplished hereunder, the terms applicable thereto are set forth in Exhibit E-2. If no Exhibit E-2 is attached, AFSA shall not provide such services.

Appears in 1 contract

Samples: Origination/Servicing Agreement (College Loan Corp Trust I)

Cure Services for Rejected Account(s. A. For any Account rejected by the Guarantor in whole or in part because of servicing error which occurred prior to [•]ACS’s servicing or for which [•] ACS is otherwise not liable under the Servicing Agreement, [•] ACS and/or an outside collection agency selected by [•] ACS will attempt to reinstate the guaranty (cure) on the Account under the terms and conditions specified below and for the fees specified herein. B. Cure services shall generally include:. (1) Using best efforts to locate the borrower in the event the borrower’s address is invalid; (2) Upon location, certifying, in a manner acceptable to the Department and the applicable Guarantor, that the borrower has been located in the event a “locate cure” is required; (3) Performing all written and telephone contacts as required for locate cure by the Department and the Guarantor necessary to claim file the Account with the Guarantor; and/or (4) Using best efforts to cause the borrower to make one full payment or return a signed repayment obligation (RO) in the event a “payment or RO cure” is required. C. [•] ACS will use best efforts to undertake such cure services within 30 days of receipt of a rejected Account. If [•] ACS is unable to cure the Account within an approximate 45-day period following commencement of cure services, or if [•] ACS in its sole judgment determines not to attempt to cure the Account itself, [•] ACS will place the Account with a “1st placement” outside collection agency for a period generally not longer than 180 days. If the “1st placement” collection agency is unable to cure the Account within the specified time frame, [•] ACS will then place the Account with a “2nd placement” collection agency for a period generally not longer than 270 days. If the “2nd placement” collection agency is unable to cure the Account within the specified time frame, [•] ACS will then place the Account with a “3rd placement” collection agency for a period generally not longer than an additional 270 days. Following placement with any outside collection agency, [•] shall only be responsible for administrative services in interfacing with such agency on the Accounts involved. [•] shall not have any responsibility for training or otherwise supervising the outside collection agency or its personnel.Confidential and Proprietary 27

Appears in 1 contract

Samples: Servicing Agreement (Higher Education Funding I)

Cure Services for Rejected Account(s. A. For any Account rejected by the Guarantor in whole or in part because of servicing error which occurred prior to [•]AFSA’s servicing or for which [•] AFSA is otherwise not liable under the Servicing Agreement, [•] AFSA and/or an outside collection agency selected by [•] AFSA will attempt to reinstate the guaranty (cure) on the Account under the terms and conditions specified below and for the fees specified herein. B. Cure services shall generally include:. (1) Using best efforts to locate the borrower in the event the borrower’s address is invalid; (2) Upon location, certifying, in a manner acceptable to the Department and the applicable Guarantor, that the borrower has been located in the event a “locate cure” is required; (3) Performing all written and telephone contacts as required for locate cure by the Department and the Guarantor necessary to claim file the Account with the Guarantor; and/or (4) Using best efforts to cause the borrower to make one full payment or return a signed repayment obligation (RO) in the event a “payment or RO cure” is required. C. [•] AFSA will use best efforts to undertake such cure services within 30 days of receipt of a rejected Account. If [•] AFSA is unable to cure the Account within an approximate 45-day period following commencement of cure services, or if [•] AFSA in its sole judgment determines not to attempt to cure the Account itself, [•] AFSA will place the Account with a “1st placement” outside collection agency for a period generally not longer than 180 days. If the “1st placement” collection agency is unable to cure the Account within the specified time frame, [•] AFSA will then place the Account with a “2nd placement” collection agency for a period generally not longer than 270 days. If the “2nd placement” collection agency is unable to cure the Account within the specified time frame, [•] AFSA will then place the Account with a “3rd placement” collection agency for a period generally not longer than an additional 270 days. Following placement with any outside collection agency, [•] AFSA shall only be responsible for administrative services in interfacing with such agency on the Accounts involved. [•] shall not have any responsibility for training or otherwise supervising the outside collection agency or its personnel.Confidential and Proprietary 29

Appears in 1 contract

Samples: Servicing Agreement (Higher Education Funding I)

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Cure Services for Rejected Account(s. A. For any Account rejected by the Guarantor in whole or in part because of servicing error which occurred prior to [•]AFSA’s servicing or for which [•] is AFSA otherwise not liable under the Servicing Agreement, [•] AFSA and/or an outside collection agency selected by [•] AFSA will attempt to reinstate the guaranty (cure) on the Account under the terms and conditions specified below and for the fees specified herein. B. Cure services shall generally include:. (1) Using best efforts to locate the borrower in the event the borrower’s address is invalid; (2) Upon location, certifying, in a manner acceptable to the Department and the applicable Guarantor, that the borrower has been located in the event a “locate cure” is required; (3) Performing all written and telephone contacts as required for locate cure by the Department and the Guarantor necessary to claim file the Account with the Guarantor; , and/or (4) Using best efforts to cause the borrower to make one full payment or return a signed repayment obligation (RO) in the event a “payment or RO cure” is required. C. [•] AFSA will use best efforts to undertake such cure services within 30 days of receipt of a rejected Account. If [•] AFSA is unable to cure the Account within an approximate 45-day period following commencement of cure services, or if [•] AFSA in its sole judgment determines not to attempt to cure the Account itself, [•] AFSA will place the Account with a “1st placement” outside collection agency for a period generally not longer than 180 days. If the “1st placement” collection agency is unable to cure the Account within the specified time frame, [•] AFSA will then place the Account with a “2nd placement” collection agency for a period generally not longer than 270 days. If the “2nd placement” collection agency is unable to cure the Account within the specified time frame, [•] AFSA will then place the Account with a “3rd placement” collection agency for a period generally not longer than an additional 270 days. Following placement with any outside collection agency, [•] AFSA shall only be responsible for administrative services in interfacing with such agency on the Accounts involved. [•] AFSA shall not have any responsibility for training or otherwise supervising the outside collection agency or its personnel. D. For the cure services specified herein, LENDER shall pay to AFSA a fee for each Account cured as specified in Exhibit E-1. Such fees are subject to adjustment from time to time upon 30 days’ prior written notice from AFSA to LENDER. E. If LENDER wishes AFSA to arrange on LENDER’s behalf for additional collection agency services on rejected Accounts for which no cure is successfully accomplished hereunder, the terms applicable thereto are set forth in Exhibit E-2. If no Exhibit E-2 is attached, AFSA shall not provide such services

Appears in 1 contract

Samples: Origination/Servicing Agreement (College Loan Corp Trust II)

Cure Services for Rejected Account(s. A. For any Account rejected by the Guarantor in whole or in part because of servicing error which occurred prior to [•]ACS’s servicing or for which [•] ACS is otherwise not liable under the Servicing Agreement, [•] ACS and/or an outside collection agency selected by [•] ACS will attempt to reinstate the guaranty (cure) on the Account under the terms and conditions specified below and for the fees specified herein. B. Cure services shall generally include:. (1) Using best efforts to locate the borrower in the event the borrower’s address is invalid; (2) Upon location, certifying, in a manner acceptable to the Department and the applicable Guarantor, that the borrower has been located in the event a “locate cure” is required; (3) Performing all written and telephone contacts as required for locate cure by the Department and the Guarantor necessary to claim file the Account with the Guarantor; and/or (4) Using best efforts to cause the borrower to make one full payment or return a signed repayment obligation (RO) in the event a “payment or RO cure” is required. C. [•] ACS will use best efforts to undertake such cure services within 30 days of receipt of a rejected Account. If [•] ACS is unable to cure the Account within an approximate 45-day period following commencement of cure services, or if [•] ACS in its sole judgment determines not to attempt to cure the Account itself, [•] ACS will place the Account with a “1st placement” outside collection agency for a period generally not longer than 180 days. If the “1st placement” collection agency is unable to cure the Account within the specified time frame, [•] ACS will then place the Account with a “2nd placement” collection agency for a period generally not longer than 270 days. If the “2nd placement” collection agency is unable to cure the Account within the specified time frame, [•] ACS will then place the Account with a “3rd placement” collection agency for a period generally not longer than an additional 270 days. Following placement with any outside collection agency, [•] shall only be responsible for administrative services in interfacing with such agency on the Accounts involved. [•] shall not have any responsibility for training or otherwise supervising the outside collection agency or its personnel.Confidential and Proprietary 29

Appears in 1 contract

Samples: Servicing Agreement (Higher Education Funding I)

Cure Services for Rejected Account(s. A. For any Account rejected by the Guarantor in whole or in part because of servicing error which occurred prior to [•]AFSA’s servicing or for which [•] AFSA is otherwise not liable under the Servicing Agreement, [•] AFSA and/or an outside collection agency selected by [•] AFSA will attempt to reinstate the guaranty (cure) on the Account under the terms and conditions specified below and for the fees specified herein. B. Cure services shall generally include:. (1) Using best efforts to locate the borrower in the event the borrower’s address is invalid; (2) Upon location, certifying, in a manner acceptable to the Department and the applicable Guarantor, that the borrower has been located in the event a “locate cure” is required; (3) Performing all written and telephone contacts as required for locate cure by the Department and the Guarantor necessary to claim file the Account with the Guarantor; and/or (4) Using best efforts to cause the borrower to make one full payment or return a signed repayment obligation (RO) in the event a “payment or RO cure” is required. C. [•] AFSA will use best efforts to undertake such cure services within 30 days of receipt of a rejected Account. If [•] AFSA is unable to cure the Account within an approximate 45-day period following commencement of cure services, or if [•] AFSA in its sole judgment determines not to attempt to cure the Account itself, [•] AFSA will place the Account with a “1st placement” outside collection agency for a period generally not longer than 180 days. If the “1st placement” collection agency is unable to cure the Account within the specified time frame, [•] AFSA will then place the Account with a “2nd placement” collection agency for a period generally not longer than 270 days. If the “2nd placement” collection agency is unable to cure the Account within the specified time frame, [•] AFSA will then place the Account with a “3rd placement” collection agency for a period generally not longer than an additional 270 days. Following placement with any outside collection agency, [•] AFSA shall only be responsible for administrative services in interfacing with such agency on the Accounts involved. [•] AFSA shall not have any responsibility for training or otherwise supervising the outside collection agency or its personnel. D. For the cure services specified herein, LENDER shall pay to AFSA a fee for each Account cured as specified in Exhibit E-1. Such fees are subject to adjustment from time to time upon 30 days’ prior written notice from AFSA to LENDER. E. If LENDER wishes AFSA to arrange on LENDER’s behalf for additional collection agency services on rejected Accounts for which no cure is successfully accomplished hereunder, the terms applicable thereto are set forth in Exhibit E-2. If no Exhibit E-2 is attached, AFSA shall not provide such services.

Appears in 1 contract

Samples: Origination/Servicing Agreement (Higher Education Funding I)

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