Common use of Monitoring of Third-Party Collectors Clause in Contracts

Monitoring of Third-Party Collectors. From time to time, until the Retirement of the Notes, the Servicer shall, in accordance with the Servicing Standard, take all actions with respect to Third-Party Collectors required to be taken by the Servicer as set forth in the Tariffs and any other applicable PUCT Regulations in effect from time to time and implement such additional procedures and policies as are necessary to ensure that the obligations of all Third-Party Collectors (including Applicable REPs) in connection with Transition Charges are properly enforced in accordance with the terms and provisions of the Tariffs and any other applicable PUCT Regulations in effect from time to time. Such procedures and policies shall include the following: (a) Maintenance of Records and Information. In addition to any actions required by the Tariffs, PUCT Regulations or other applicable law, the Servicer shall: (i) maintain adequate records for promptly identifying and contacting each such Third-Party Collector (including any Applicable REP); (ii) maintain records of end-user Customers which are billed by Third-Party Collectors (including Applicable REPs) to permit prompt transfer of billing responsibilities in the event of default by such Third-Party Collectors (including Applicable REPs); (iii) maintain adequate records for enforcing compliance by all Third-Party Collectors with their obligations with respect to Transition Charges, including compliance by all Applicable REPs with all REP Credit Requirements, REP Deposit Requirements and REP Remittance Requirements; and (iv) provide to Third-Party Collectors such information necessary for such Third-Party Collectors to confirm the Servicer's calculation of Transition Charges and remittances, including, if applicable, charge-off amounts. The Servicer shall update the records described above no less frequently than quarterly.

Monitoring of Third-Party Collectors. From time to time, until the Retirement of the NotesSeries 2003-1 Bonds, the Servicer shall, in accordance with the Servicing Standard, take all actions with respect to Third-Party Collectors required to be taken by the Servicer as set forth in the Tariffs and any other applicable PUCT Regulations in effect from time to time and implement such additional procedures and policies as are necessary to ensure that the obligations of all Third-Party Collectors (including Applicable REPs) in connection with Series 2003-1 Transition Charges are properly enforced in accordance with the terms and provisions of the Tariffs and any other applicable PUCT Regulations in effect from time to time. Such procedures and policies shall include the following: (a) Maintenance of Records and Information. In addition to any actions required by the Tariffs, PUCT Regulations or other applicable law, the Servicer shall: (i) maintain adequate records for promptly identifying and contacting each such Third-Party Collector (including any Applicable REP)Collector; (ii) maintain records of end-user Customers which are billed by Third-Party Collectors (including Applicable REPs) to the extent information is reasonably obtainable to permit prompt transfer of billing responsibilities in the event of default by such Third-Party Collectors (including Applicable REPs)Collectors; (iii) maintain adequate records for enforcing compliance by all Third-Party Collectors with their obligations with respect to Series 2003-1 Transition Charges, including to the extent information is reasonably obtainable compliance by all Applicable REPs with all REP Credit Requirements, REP Deposit Requirements and REP Remittance Requirements; and (iv) provide to Third-Party Collectors such information necessary for such Third-Party Collectors to confirm the Servicer's calculation of the Series 2003-1 Transition Charges and remittances, including, if applicable, charge-off amounts. The Servicer shall update the records described above no less frequently than at least quarterly.

Monitoring of Third-Party Collectors. From If a Third-Party Collector does xxxx or collect Transition Charges on behalf of the Issuer, then, from time to time, until the Retirement of the NotesTransition Bonds, the Servicer shall, in accordance with the Servicing Standard, take all actions with respect to such Third-Party Collectors required to be taken by the Servicer as set forth forth, if applicable, in any agreement with the Tariffs Servicer, the Applicable Financing Orders, Tariffs, other tariffs and any other applicable PUCT Regulations in effect from time to time and implement such additional procedures and policies as are necessary to ensure that the obligations of all Third-Party Collectors (including Applicable REPs) in connection with Transition Charges are properly enforced in accordance with, if applicable, the terms of any agreement with the terms and provisions of Servicer, the Tariffs Applicable Financing Orders, Tariffs, other tariffs and any other applicable PUCT Regulations in effect from time to time. Such procedures and policies shall include the following: (a) : Maintenance of Records and Information. In addition to any actions required by the Tariffs, PUCT Regulations or other applicable law, the Servicer shall: (i) : maintain adequate records for promptly identifying and contacting each such Third-Party Collector (including any Applicable REP); (ii) Collector; maintain records of end-user Customers which are billed by Third-Party Collectors (including Applicable REPs) to permit prompt transfer of billing responsibilities in the event of default by such Third-Party Collectors (including Applicable REPs); (iii) Collectors; maintain adequate records for enforcing compliance by all Third-Party Collectors with their obligations with respect to Transition Charges, including compliance by all Applicable REPs with all REP Credit Remittance Requirements, REP Deposit Credit Requirements and REP Remittance Deposit Requirements; and (iv) and provide to each Third-Party Collectors Collector such information necessary for such Third-Party Collectors Collector to confirm the Servicer's calculation of Transition Charges and remittances, including, if applicable, charge-off amounts. The Servicer shall update the records described above no less frequently than quarterly. Credit and Collection Policies. The Servicer shall, to the fullest extent permitted under the Initial Financing Order or any Subsequent Financing Order, as applicable, impose such terms with respect to credit and collection policies applicable to Third-Party Collectors as may be reasonably necessary to prevent the then-current rating of the Transition Bonds of any Series from being downgraded, withdrawn or suspended. The Servicer shall, in accordance with and to the extent permitted by the Utilities Code, applicable PUCT Regulations and the terms of the Initial Financing Order and any Subsequent Financing Order, include and impose the above-described terms in all tariffs filed under the Utilities Code which would allow REPs or other utilities to issue single bills which include Transition Charges to EGSI's Customers. The Servicer shall periodically review the need for modified or additional terms based upon, among other things, the relative amount of TC Payments received through REPs relative to the Periodic Billing Requirement, the historical payment and default experience of each REP and such other credit and collection policies to which the REPs are subject, and if permitted by applicable law, will set out any such modified or additional terms in a supplemental tariff filed with the PUCT. Monitoring of Performance and Payment by REPs. In addition to any actions required by the Tariffs, PUCT Regulations or other applicable law, the Servicer shall undertake to do the following: The Servicer shall require each REP to pay all Transition Charges (less any applicable charge-off allowances) billed to such REP in accordance with the provisions of the Initial Tariff, each Subsequent Tariff and PUCT Regulations (whether or not disputed). The Servicer shall monitor compliance by each REP with all Remittance Requirements, REP Credit Requirements and REP Deposit Requirements and take prompt action to enforce such requirements. Where a REP is responsible for billing the Customers, the Servicer shall, consistent with its customary billing practices, xxxx each Applicable REP no less frequently than the billing cycle otherwise applicable to such Customers. The Servicer shall work with REPs to resolve any disputes using the dispute resolution procedures established in the Initial Tariff, each Subsequent Tariff and any PUCT Regulations, in accordance with the Servicing Standard. Enforcement of REP Obligations. The Servicer shall, in accordance with the terms of the Initial Tariff and each Subsequent Tariff, ensure that each REP remits all TC Payments which it is obligated to remit to the Servicer. In the event of any default by any REP, the Servicer shall enforce all rights set forth in and take all other steps permitted by, if applicable, the Applicable Financing Orders, Tariffs, other tariffs and any other PUCT Regulations as it determines, in accordance with the Servicing Standard, are reasonably necessary to ensure the prompt payment of TC Payments by such REP and to preserve the rights of the Holders with respect thereto, including, where appropriate, terminating the right of any REP to xxxx and collect Transition Charges or petitioning the PUCT to impose such other remedies or penalties as may be available under the circumstances. Any agreement entered into between the Servicer and a defaulted REP will be limited to the terms of this Agreement and will satisfy the Rating Agency Condition. In the event the Servicer has actual knowledge that a REP is in default, including due to the downgrade by the Rating Agencies of any party providing credit support for such REP, the Servicer shall promptly notify a Responsible Officer of the Indenture Trustee in writing of the same and, shall, if applicable, instruct the Indenture Trustee either to: withdraw from such REP's REP Deposit Account and deposit into the applicable Collection Accounts the lesser of (x) the amount of cash on deposit in such REP Deposit Account and allocable to the Transition Property at such time and (y) the amount of any Transition Charges then due and payable by such REP; or make demand under any letter of credit, guarantee or other credit support up to the lesser of (x) the amount of such letter of credit, guarantee or other credit support and (y) the amount of any Transition Charges then due and payable by such REP, and forward the amounts received, if any, as a result of such demand to the applicable Collection Accounts. The Indenture Trustee shall, within two (2) Business Days of receipt of such written notice, withdraw such funds from the REP Deposit Account or make demand under such credit support, as applicable, and deposit such funds withdrawn or received, as applicable, into the applicable Collection Accounts.

Monitoring of Third-Party Collectors. From time to time, until the Retirement of the NotesSeries 2004-1 Bonds, the Servicer shall, in accordance with the Servicing Standard, take all actions with respect to Third-Party Collectors required to be taken by the Servicer as set forth in the Tariffs and any other applicable PUCT Regulations in effect from time to time and implement such additional procedures and policies as are necessary to ensure that the obligations of all Third-Party Collectors (including Applicable REPs) in connection with Series 2004-1 Transition Charges are properly enforced in accordance with the terms and provisions of the Tariffs and any other applicable PUCT Regulations in effect from time to time. Such procedures and policies shall include the following: (a) Maintenance of Records and Information. In addition to any actions required by the Tariffs, PUCT Regulations or other applicable law, the Servicer shall: (i) maintain adequate records for promptly identifying and contacting each such Third-Party Collector (including any Applicable REP)Collector; (ii) maintain records of end-user Customers which are billed by Third-Party Collectors (including Applicable REPs) to the extent information is reasonably obtainable to permit prompt transfer of billing responsibilities in the event of default by such Third-Party Collectors (including Applicable REPs)Collectors; (iii) maintain adequate records for enforcing compliance by all Third-Party Collectors with their obligations with respect to Series 2004-1 Transition Charges, including to the extent information is reasonably obtainable compliance by all Applicable REPs with all REP Credit Requirements, REP Deposit Requirements and REP Remittance Requirements; and (iv) provide to Third-Party Collectors such information necessary for such Third-Party Collectors to confirm the Servicer's calculation of the Series 2004-1 Transition Charges and remittances, including, if applicable, charge-off amounts. The Servicer shall update the records described above no less frequently than at least quarterly.

Monitoring of Third-Party Collectors. From time to time, until the Retirement of the NotesTransition Bonds, the Servicer shall, in accordance with the Servicing Standard, take all actions with respect to Third-Party Collectors required to be taken by the Servicer as set forth forth, if applicable, in any agreement with the Tariffs Servicer, the Financing Order, the Tariff and any other applicable PUCT Regulations in effect from time to time and implement such additional procedures and policies as are necessary to ensure that the obligations of all Third-Party Collectors (including Applicable REPs) in connection with Transition Charges are properly enforced in accordance with, if applicable, the terms of any agreement with the terms and provisions of Servicer, the Tariffs Financing Order, the Tariff and any other applicable PUCT Regulations in effect from time to time. Such procedures and policies shall include the following: (a) Maintenance of Records and Information. In addition to any actions required by the TariffsTariff, PUCT Regulations or other applicable law, the Servicer shall: (i) maintain adequate records for promptly identifying and contacting each such Third-Party Collector (including any Applicable REP)Collector; (ii) maintain records of end-user Customers which are billed by Third-Party Collectors (including Applicable REPs) to permit prompt transfer of billing responsibilities the customers to another Third-Party Collector in the event of default by such the defaulting Third-Party Collectors (including Applicable REPs)Collector; (iii) maintain adequate records for enforcing compliance by all Third-Party Collectors with their obligations with respect to Transition Charges, including compliance by all Applicable REPs with all Remittance Requirements and REP Credit Requirements, REP Deposit Requirements and REP Remittance Requirements; and; (iv) provide to each Third-Party Collectors Collector such information necessary for such Third-Party Collectors Collector to confirm the Servicer's ’s calculation of Transition Charges and remittances, including, if applicable, charge-off amounts; and (v) cause payments in respect of Transition Property to be posted to such records as Servicer maintains that identify obligations of end-user Customers and Third-Party Collectors, generally within two Business Days of receipt of same, subject to extension of time to segregate and identify payments where necessary because of the manner of payment or aggregation of payments with other payment, and reflect such payments in such records as the Servicer maintains that identify allocation of funds to obligations under the Transition Bonds. The Servicer shall update the records described above no less frequently than quarterly.

Monitoring of Third-Party Collectors. From time to time, until the Retirement of the NotesSeries 2003-1 Bonds, the Servicer shall, in accordance with the Servicing Standard, take all actions with respect to Third-Party Collectors required to be taken by the Servicer as set forth in the Tariffs and any other applicable PUCT Regulations in effect from time to time and implement such additional procedures and policies as are necessary to ensure that the obligations of all Third-Party Collectors (including Applicable REPs) in connection with Series 2003-1 Transition Charges are properly enforced in accordance with the terms and provisions of the Tariffs and any other applicable PUCT Regulations in effect from time to time. Such procedures and policies shall include the following: (a) Maintenance of Records and Information. In addition to any actions required by the Tariffs, PUCT Regulations or other applicable law, the Servicer shall: (i) maintain adequate records for promptly identifying and contacting each such Third-Party Collector (including any Applicable REP)Collector; (ii) maintain records of end-user Customers which are billed by Third-Party Collectors (including Applicable REPs) to the extent information is reasonably obtainable to permit prompt transfer of billing responsibilities in the event of default by such Third-Party Collectors (including Applicable REPs)Collectors; (iii) maintain adequate records for enforcing compliance by all Third-Party Collectors with their obligations with respect to Transition Charges, including to the extent information is reasonably obtainable compliance by all Applicable REPs with all REP Credit Requirements, REP Deposit Requirements and REP Remittance Requirements; and (iv) provide to Third-Party Collectors such information necessary for such Third-Party Collectors to confirm the Servicer's calculation of Transition Charges and remittances, including, if applicable, charge-off amounts. The Servicer shall update the records described above no less frequently than at least quarterly.