Common use of Duties and Responsibilities of Servicer Clause in Contracts

Duties and Responsibilities of Servicer. (a) Subject to the provisions of this Agreement, Servicer shall conduct the servicing, administration and collection of the Transferred Receivables in accordance with the Credit and Collection Policies. (b) Issuer shall promptly notify Servicer of (i) any designation of additional or removed Accounts (other than any Accounts removed pursuant to Section 2.7(c) and (d) of the Transfer Agreement), (ii) any designation of any additional Originator or additional Program Partner contemplated pursuant to the Transfer Agreement and (iii) any designation of a discount percentage to be applied to any or all of the Principal Receivables; provided, that if Servicer is not Synchrony Bank or an Affiliate thereof, Issuer shall provide notification of any such designation no later than five (5) days prior to the effectiveness of such designation. Any such designation or removal shall be effective for purposes of this Agreement on the date the designation or removal is given effect under the Transfer Agreement, as specified by Issuer to Servicer. In the case of any designation of an additional Program Partner, Issuer shall provide Servicer a copy of the related credit card program agreement (if not already in Servicer’s possession) prior to the date such designation is to become effective. (c) Following receipt of notice of any designation of additional or removed Accounts, any designation of an additional Originator or additional Program Partner or any discounting of any or all Principal Receivables pursuant to Section 2.2(b), Servicer shall assist Issuer in producing any information required by Issuer in connection with such designation. (d) Servicer shall not be obligated to use separate servicing procedures, offices, employees or accounts for servicing the Transferred Receivables from the procedures, offices, employees and accounts used by Servicer in connection with servicing other credit card receivables. (e) Servicer shall maintain fidelity bond or other appropriate insurance coverage insuring against losses through wrongdoing of its officers and employees who are involved in the servicing of credit card receivables covering such actions and in such amounts as Servicer believes to be reasonable from time to time. (f) Servicer shall deliver “Instructions,” as that term is defined in the Custody and Control Agreement on behalf of Issuer, and shall direct the Custodian, on behalf of Issuer, as to the investment of funds credited to the Trust Accounts; provided that Servicer will direct the Custodian to invest only in Permitted Investments maturing no later than the required distribution date for such funds or, if earlier, the date specified in the Related Documents. (g) Servicer shall post payments on the Receivables to its records no more than two (2) Business Days, or such greater number of days as specified in the Credit and Collection Policies, after receipt. Such payments shall be allocated to principal, interest or other items in accordance with the Related Documents or the Transfer Agreement.

Duties and Responsibilities of Servicer. (a) Subject to the provisions of this Agreement, Servicer shall conduct the servicing, administration and collection of the Transferred Receivables with reasonable care and diligence and in accordance with the Contracts, the Credit Card Program Agreements and the Credit and Collection Policies. (b) Issuer Owner shall promptly notify provide Servicer not less than five Business Days prior notice of (i) any designation of additional or removed Accounts (other than any Accounts removed pursuant to Section 2.7(c) and (d) of the Transfer Agreement)Accounts, (ii) any designation of any additional Originator or additional Program Partner Additional Retailer contemplated pursuant to the Trust Receivables Purchase Agreement or the Transfer Agreement and (iii) any designation of a discount percentage to be applied to any or all of the Principal Receivables; provided, that if Servicer is not Synchrony Bank or an Affiliate thereof, Issuer shall provide notification of any such designation no later than five (5) days prior to the effectiveness of such designation. Any such designation or removal shall be effective for purposes of this Agreement on the date the designation or removal is given effect under the Trust Receivables Purchase Agreement or the Transfer Agreement, as specified by Issuer Owner to Servicer. In the case of any designation of an additional Program PartnerAdditional Retailer, Issuer Owner shall provide Servicer a copy of the related credit card program agreement Credit Card Program Agreement (if not already in Servicer’s possession) not less than 10 days prior to the date such designation is to become effective. (c) Following receipt of notice of any designation of additional or removed Accounts, any designation of an additional Originator or additional Program Partner Additional Retailer or any discounting of any or all Principal Receivables pursuant to Section 2.2(b), Servicer shall assist Issuer Owner in producing any information required by Issuer Owner in connection with such designation. (d) Servicer shall not be obligated to use separate servicing procedures, offices, employees or accounts for servicing the Transferred Receivables from the procedures, offices, employees and accounts used by Servicer in connection with servicing other credit card receivables. (e) Servicer shall maintain fidelity bond or other appropriate insurance coverage insuring against losses through wrongdoing of its officers and employees who are involved in the servicing of credit card receivables covering such actions and in such amounts as Servicer believes to be reasonable from time to time. (f) Servicer shall deliver “Instructions,” ”, as that term is defined in the Custody and Control Agreement dated as of September 25, 2003, by an among Deutsche Bank Trust Company Americas, as custodian (in such capacity, the “Custodian”), the Successor Owner and Deutsche Bank Trust Company Americas, as Indenture Trustee (the “Custody and Control Agreement”), on behalf of IssuerSuccessor Owner, and shall direct the Custodian, on behalf of Issuer, Custodian as to the investment of funds credited to the Trust Accounts; provided that Servicer will direct the Custodian to invest only in Permitted Investments (as such terms are defined in the Custody and Control Agreement) maturing no later than the required distribution date for such funds or, if earlier, the date specified in the Related Documents. (g) Without limiting the Servicer’s obligations under Section 2.12, Servicer shall deposit payments on the Receivables into the Collection Account within 4 Business Days of receipt or such greater number of days as specified in the Credit and Collection Policies; provided that nothing in this Section 2.2(g) shall require the Servicer to deposit Collections to the Trust Accounts (as defined in the Indenture) earlier than the applicable date specified in accordance with the Indenture or any Indenture Supplement. (h) Servicer shall post payments on the Receivables Receivables, to its records no more than two (2) 4 Business Days, or such greater number of days as specified in the Credit and Collection Policies, after receipt. Such payments shall be allocated to principal, interest or other items in accordance with the Related Documents or the Transfer Agreement.

Duties and Responsibilities of Servicer. (a) Subject to the provisions of this Agreement, Servicer shall conduct the servicing, administration and collection of the Transferred Receivables with reasonable care and diligence and in accordance with the Contracts, the Credit Card Program Agreements and the Credit and Collection Policies. (b) Issuer Owner shall promptly notify provide Servicer not less than five Business Days prior notice of (i) any designation of additional or removed Accounts (other than any Accounts removed pursuant to Section 2.7(c) and (d) of the Transfer Agreement)Accounts, (ii) any designation of any additional Originator or additional Program Partner Additional Retailer contemplated pursuant to the Trust Receivables Purchase Agreement or the Transfer Agreement and (iii) any designation of a discount percentage to be applied to any or all of the Principal Receivables; provided, that if Servicer is not Synchrony Bank or an Affiliate thereof, Issuer shall provide notification of any such designation no later than five (5) days prior to the effectiveness of such designation. Any such designation or removal shall be effective for purposes of this Agreement on the date the designation or removal is given effect under the Trust Receivables Purchase Agreement or the Transfer Agreement, as specified by Issuer Owner to Servicer. In the case of any designation of an additional Program PartnerAdditional Retailer, Issuer Owner shall provide Servicer a copy of the related credit card program agreement Credit Card Program Agreement (if not already in Servicer’s possession) not less than 10 days prior to the date such designation is to become effective. (c) Following receipt of notice of any designation of additional or removed Accounts, any designation of an additional Originator or additional Program Partner Additional Retailer or any discounting of any or all Principal Receivables pursuant to Section 2.2(b), Servicer shall assist Issuer Owner in producing any information required by Issuer Owner in connection with such designation. (d) Servicer shall not be obligated to use separate servicing procedures, offices, employees or accounts for servicing the Transferred Receivables from the procedures, offices, employees and accounts used by Servicer in connection with servicing other credit card receivables. (e) Servicer shall maintain fidelity bond or other appropriate insurance coverage insuring against losses through wrongdoing of its officers and employees who are involved in the servicing of credit card receivables covering such actions and in such amounts as Servicer believes to be reasonable from time to time. (f) Servicer shall deliver “Instructions,” as that term is defined in the Custody and Control Agreement on behalf of Issuer, and shall direct the Custodian, on behalf of Issuer, as to the investment of funds credited to the Trust Accounts; provided that Servicer will direct the Custodian to invest only in Permitted Investments maturing no later than the required distribution date for such funds or, if earlier, the date specified in the Related Documents. (g) Servicer shall post payments on the Receivables to its records no more than two (2) Business Days, or such greater number of days as specified in the Credit and Collection Policies, after receipt. Such payments shall be allocated to principal, interest or other items in accordance with the Related Documents or the Transfer Agreement.

Duties and Responsibilities of Servicer. (a) Subject In addition to any other customary services which the provisions of this AgreementServicer may perform or may be required to perform hereunder, the Servicer shall conduct perform or cause to be performed through sub-servicers, as applicable, the servicing, administration following servicing and collection of the Transferred Receivables activities in accordance with the Credit and Collection Policies.terms of this Agreement: (b) Issuer shall promptly notify Servicer of (i) any designation of additional or removed Accounts (other than any Accounts removed pursuant perform standard accounting services and general record keeping services with respect to Section 2.7(c) and (d) of the Transfer Agreement), 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 designation lawful means; (v) report tax information to Obligors and taxing authorities to the extent required by Requirements of any additional Originator Law; (vi) take such other action as may be necessary or additional Program Partner contemplated 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 Transfer Agreement terms of this Agreement; (vii) arranging for liquidations of Intervals related to Defaulted Receivables, as applicable, and (iii) any designation of a discount percentage to be applied to any or all of the Principal Receivables; provided, that if Servicer is not Synchrony Bank or an Affiliate thereof, Issuer shall provide notification of any such designation no later than five (5) days prior to the effectiveness remarketing of such designation. Any such designation Intervals as provided herein; it being understood that except as expressly set forth herein or removal shall be effective for purposes of this Agreement on in the date Indenture, the designation or removal is given effect under the Transfer Agreement, as specified by Issuer to Servicer. In the case of any designation of an additional Program Partner, Issuer shall provide Servicer a copy of the related credit card program agreement (if not already in Servicer’s possession) prior to the date such designation is to become effective. (c) Following receipt of notice of any designation of additional or removed Accounts, any designation of an additional Originator or additional Program Partner or any discounting of any or all Principal Receivables pursuant to Section 2.2(b), Servicer shall assist Issuer in producing any information required by Issuer in connection with such designation. (d) Servicer shall not be obligated 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 separate servicing procedures, offices, employees or accounts for servicing the Transferred Receivables commercially reasonable efforts to (i) obtain reasonable fees from the procedures, offices, employees and accounts used by Servicer in connection with servicing other credit card receivables. (e) Servicer shall maintain fidelity bond existing Custodian or other appropriate insurance coverage insuring against losses through wrongdoing of its officers and employees who are involved in the servicing of credit card receivables covering such actions and in such amounts as Servicer believes to be reasonable from time to time. (f) Servicer shall deliver “Instructions,” as that term is defined in the Custody and Control Agreement on behalf of Issuer, and shall direct the Custodian, on behalf of IssuerLockbox Bank, as applicable, or (ii) exercise its rights under the Custodial Agreement or the Lockbox Agreement to the investment of funds credited to the Trust Accounts; provided that Servicer will direct replace the Custodian to invest only in Permitted Investments maturing no later than the required distribution date for such funds oror Lockbox Bank, if earlieras applicable, the date specified in the Related Documents. (g) Servicer shall post payments on the Receivables to its records no more than two (2) Business Days, or such greater number of days as specified in the Credit and Collection Policies, after receipt. Such payments shall be allocated to principal, interest or other items in accordance with the Related Documents Custodial Agreement or Lockbox Agreement, as the Transfer 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) Subject In addition to any other customary services which the provisions of this AgreementServicer may perform or may be required to perform hereunder, the Servicer shall conduct perform or cause to be performed through sub-servicers, as applicable, the servicing, administration following servicing and collection of the Transferred Receivables activities in accordance with the Credit and Collection Policies.terms of this Agreement: (b) Issuer shall promptly notify Servicer of (i) any designation of additional or removed Accounts (other than any Accounts removed pursuant perform standard accounting services and general record keeping services with respect to Section 2.7(c) and (d) of the Transfer Agreement), 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 designation lawful means; (v) report tax information to Obligors and taxing authorities to the extent required by Requirements of any additional Originator Law; (vi) take such other action as may be necessary or additional Program Partner contemplated 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 Transfer Agreement terms of this Agreement; (vii) 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; (iiiviii) any designation of a discount percentage use reasonable best efforts to be applied to any or all enforce the purchase and substitution obligations of the Principal Receivables; provided, that if Servicer is not Synchrony Bank or an Affiliate thereof, Issuer shall provide notification of any such designation no later than five Sellers under the Sale and Contribution Agreement; (5ix) days prior to the effectiveness of such designationextent 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 designation or removal successor shall be effective for purposes reasonably acceptable to the Facility Administrator; (x) diligently pursue all exceptions to the Receivables Files delivered to the Custodian; (xi) delivery of this Agreement on such information and data to the date the designation or removal Backup Servicer as is given effect required under the Transfer Backup Servicing Agreement; (xii) provide the required annual Gramm-Leach-Bliley notices to Obligors in accordance wxxx xxx xx xxx extent required by the Gramm-Leach-Bliley Act, as specified by Issuer to Servicer. In the case of any designation of an additional Program Partner, Issuer shall provide Servicer a copy of the related credit card program agreement (if not already in Servicer’s possession) prior to the date such designation is to become effective. (c) Following receipt of notice of any designation of additional amended or removed Accounts, any designation of an additional Originator or additional Program Partner or any discounting of any or all Principal Receivables pursuant to Section 2.2(b), Servicer shall assist Issuer in producing any information required by Issuer in connection with such designation. (d) Servicer shall not be obligated to use separate servicing procedures, offices, employees or accounts for servicing the Transferred Receivables from the procedures, offices, employees and accounts used by Servicer in connection with servicing other credit card receivables. (e) Servicer shall maintain fidelity bond or other appropriate insurance coverage insuring against losses through wrongdoing of its officers and employees who are involved in the servicing of credit card receivables covering such actions and in such amounts as Servicer believes to be reasonable modified from time to time.; (fxxxx) Servicer shall deliver “Instructions,” as that term is defined in the Custody and Control Agreement on behalf of Issuer, and shall direct the Custodian, on behalf of Issuer, as to the investment of funds credited extent applicable, deliver any new or amended information contained in any new or amended ACH Forms executed by an Obligor to the Trust Accounts; Back-up Servicer in computer file or files stored on diskette, magnetic tape or provided that Servicer will direct electronically to the Custodian to invest only in Permitted Investments maturing no later than the required distribution date for such funds or, if earlier, the date specified in the Related Documents.Back-up Servicer; (gxiv) Servicer shall post payments on provide documents related to the Receivables to its records no more than two the Indenture Trustee and Custodian as provided in Section 2.2(b); (2xv) Business Daysprocess all optional release activities pursuant to the Servicer Purchase Option; (xvi) bill, or such greater number of days collect and remit moneys payable hereunder and under the xther Transaction Documents; and (xvii) maintain the same file identifier for each Receivable as specified is used in the Credit and Collection Policies, after receipt. Such payments shall be allocated to principal, interest or other items in accordance connection with the Related Documents or the Transfer AgreementPurchase related thereto.

Duties and Responsibilities of Servicer. (a) Subject to the provisions of this Agreement, Servicer shall conduct the servicing, administration and collection of the Transferred Underlying Receivables in accordance with the Credit and Collection Policies. (b) Issuer shall promptly notify Servicer of (i) any designation of additional or removed Accounts (other than any Accounts removed pursuant to Section Sections 2.7(c) and (d) of the Transfer Agreement), (ii) any designation of any additional Originator or additional Program Partner contemplated pursuant to the Transfer Agreement and (iii) any designation of a discount percentage to be applied to any or all of the Principal Receivables; provided, provided that if the Servicer is not Synchrony GE Capital Retail Bank or an Affiliate thereof, the Issuer shall provide notification of any such designation no later than five (5) days prior to the effectiveness of such designation. Any such designation or removal shall be effective for purposes of this Agreement on the date the designation or removal is given effect under the Transfer Agreement, as specified by Issuer to Servicer. In the case of any designation of an additional Program PartnerAccounts, Issuer shall provide Servicer a copy of the related credit card program agreement Program Agreements for all such additional Accounts (if not already in Servicer’s possession) prior to the date such designation is to become effective. (c) Following receipt of notice of any designation of additional or removed Accounts, any designation of an additional Originator or additional Program Partner or any discounting of any or all Principal Receivables pursuant to Section 2.2(b), Servicer shall assist Issuer in producing any information required by Issuer in connection with such designation. (d) Servicer shall not be obligated to use separate servicing procedures, offices, employees or accounts for servicing the Transferred Receivables Underlying Receivable from the procedures, offices, employees and accounts used by Servicer in connection with servicing other receivables arising in credit card receivablesaccounts. (e) Servicer shall maintain fidelity bond or other appropriate insurance coverage insuring against losses through wrongdoing of its officers and employees who are involved in the servicing of credit card receivables covering such actions and in such amounts as Servicer believes to be reasonable from time to time. (f) Servicer shall deliver “Instructions,” ”, as that term is defined in the Custody and Control Agreement on behalf of Issuer, and shall direct the Custodian, on behalf of Issuer, as to the investment of funds credited to the Trust Collection Account and Series Accounts; provided that Servicer will direct the Custodian to invest only in Permitted Investments (as such term is defined in the Custody and Control Agreement) maturing no later than the required distribution date for such funds or, if earlier, the date specified in the Related Documents. (g) Servicer shall post payments on the Receivables to its records no more than two (2) Business Days, or such greater number of days as specified in the Credit and Collection Policies, after receipt. Such payments shall be allocated to principal, interest or other items in accordance with the Related Documents or the Transfer Agreement.