Common use of Reports; Access to Stores, Books and Records and Employees Clause in Contracts

Reports; Access to Stores, Books and Records and Employees. (i) During the term of this Agreement, ADVANCE AMERICA shall promptly provide to BANK or its agents the data submissions and reports set forth on Exhibit B hereto in order for BANK to maintain effective internal controls and to monitor results under this Agreement, including without limitation the performance of the TRANSACTIONS and ADVANCE AMERICA’s obligations hereunder. (ii) ADVANCE AMERICA shall, as reasonably required by BANK, but no more often than quarterly, provide BANK with its most recent unaudited financial statements and its annual audited financial statements. (iii) BANK agrees to allow ADVANCE AMERICA, as its agent and bailee, without an ownership interest by ADVANCE AMERICA, to maintain and retain possession of the TRANSACTION DOCUMENTS for the term of the Agreement and any additional period required by applicable law. Except as otherwise allowed by Section 9 of this Agreement, ADVANCE AMERICA agrees to use such TRANSACTION DOCUMENTS solely to service the TRANSACTIONS and to segregate all such TRANSACTION DOCUMENTS, and all document files and records which relate to the services provided by ADVANCE AMERICA hereunder, from ADVANCE AMERICA’s other files and records. (iv) The TRANSACTION DOCUMENTS shall be held by ADVANCE AMERICA, pursuant to BANK’S record retention requirements, as more particularly set forth in Exhibit B attached hereto and incorporated herein by reference in trust for BANK, and BANK will have and shall continue to have constructive possession and legal title to such documents, files and records. At such time or times as BANK may reasonably request, and at BANK’s cost, ADVANCE AMERICA shall promptly deliver copies of requested TRANSACTION DOCUMENTS to BANK at its headquarters or such other location or locations as BANK shall direct. All such documents shall be maintained segregated from other books and records of ADVANCE AMERICA and otherwise in such a manner as to facilitate their inspection by and delivery to BANK, if so requested. (v) During the term of this Agreement and at all times thereafter, BANK and banking agencies with regulatory authority over BANK shall have reasonable access to ADVANCE AMERICA stores, to the books and records of ADVANCE AMERICA (to the extent that such books and records pertain to the TRANSACTIONS), to the officers, employees and accountants of ADVANCE AMERICA, and to copies of TRANSACTION DOCUMENTS, all for the purpose of ensuring that ADVANCE AMERICA is carrying out BANK POLICIES and is otherwise complying fully with its obligations under this Agreement. Such access shall include permission to maintain employees on the premises of ADVANCE AMERICA in Texasor such offices of ADVANCE AMERICA where any information requested may be located during regular business hours to audit ADVANCE AMERICA’s services contemplated by this Agreement. BANK agrees to provide reasonable advance notice of its intent to audit any ADVANCE AMERICA store. (vi) In addition, and not as a limitation of the foregoing, BANK shall have the right at ADVANCE AMERICA’s expense, provided that the aggregate expense to ADVANCE AMERICA shall not exceed $15,000 per year, from time to time during the term of this Agreement, to conduct reasonable outside audits in any given year and other reasonable audits and/or compliance reviews of the services provided hereunder, and the records generated thereunder; provided, that such audit and review rights shall be conducted during normal business hours in a manner which does not unreasonably interfere with ADVANCE AMERICA’s normal business operations and CUSTOMER and employee relations.

Reports; Access to Stores, Books and Records and Employees. (i) During the term of this Agreement, ADVANCE AMERICA shall promptly provide to BANK or its agents the data submissions and reports set forth on Exhibit B hereto in order for BANK to maintain effective internal controls and to monitor results under this Agreement, including without limitation the performance of the TRANSACTIONS and ADVANCE AMERICA’s obligations hereunder. (ii) ADVANCE AMERICA shall, as reasonably required by BANK, but no more often than quarterly, provide BANK with its most recent unaudited financial statements and its annual audited financial statements. (iii) BANK agrees to allow ADVANCE AMERICA, as its agent and bailee, without an ownership interest by ADVANCE AMERICA, to maintain and retain possession of the TRANSACTION DOCUMENTS for the term of the Agreement and any additional period required by applicable law. Except as otherwise allowed by Section 9 of this Agreement, ADVANCE AMERICA agrees to use such TRANSACTION DOCUMENTS solely to service the TRANSACTIONS and to segregate all such TRANSACTION DOCUMENTS, and all document files and records which relate to the services provided by ADVANCE AMERICA hereunder, from ADVANCE AMERICA’s other files and records. (iv) The TRANSACTION DOCUMENTS shall be held by ADVANCE AMERICA, pursuant to BANK’S record retention requirements, as more particularly set forth in Exhibit B attached hereto and incorporated herein by reference in trust for BANK, and BANK will have and shall continue to have constructive possession and legal title to such documents, files and records. At such time or times as BANK may reasonably request, and at BANK’s cost, ADVANCE AMERICA shall promptly deliver copies of requested TRANSACTION DOCUMENTS to BANK at its headquarters or such other location or locations as BANK shall direct. All such documents shall be maintained segregated from other books and records of ADVANCE AMERICA and otherwise in such a manner as to facilitate their inspection by and delivery to BANK, if so requested. (v) During the term of this Agreement and at all times thereafter, BANK and banking agencies with regulatory authority over BANK shall have reasonable access to ADVANCE AMERICA stores, to the books and records of ADVANCE AMERICA (to the extent that such books and records pertain to the TRANSACTIONS), to the officers, employees and accountants of ADVANCE AMERICA, and to copies of TRANSACTION DOCUMENTS, all for the purpose of ensuring that ADVANCE AMERICA is carrying out BANK POLICIES and is otherwise complying fully with its obligations under this Agreement. Such access shall include permission to maintain employees on the premises of ADVANCE AMERICA in Texasor North Carolina or such offices of ADVANCE AMERICA where any information requested may be located during regular business hours to audit ADVANCE AMERICA’s services contemplated by this Agreement. BANK agrees to provide reasonable advance notice of its intent to audit any ADVANCE AMERICA store. (vi) In addition, and not as a limitation of the foregoing, BANK shall have the right at ADVANCE AMERICA’s expense, provided that the aggregate expense to ADVANCE AMERICA shall not exceed $15,000 per year, from time to time during the term of this Agreement, to conduct reasonable outside audits in any given year and other reasonable audits and/or compliance reviews of the services provided hereunder, and the records generated thereunder; provided, that such audit and review rights shall be conducted during normal business hours in a manner which does not unreasonably interfere with ADVANCE AMERICA’s normal business operations and CUSTOMER and employee relations.

Reports; Access to Stores, Books and Records and Employees. (i) During the term of this Agreement, ADVANCE AMERICA ACE shall promptly provide to BANK or its agents the data submissions and reports set forth on Exhibit B hereto reasonably required by BANK in order for BANK to maintain effective internal controls and to monitor results under this Agreement, including including, without limitation limitation, the performance of the TRANSACTIONS Loans and ADVANCE AMERICAACE’s obligations hereunder. Such reports shall include a daily report showing those Loans originated through ACE, the Loans outstanding, the Loans repaid, the Loans charged-off, the Loan charge-off recoveries, a daily interest accrual report that includes information on each Loan and ACH information required to collect Loan repayments, as well as ACE’s monthly compliance review checklists and periodic internal audit reports for ACE Designated Locations marketing and servicing the Loans. (ii) ADVANCE AMERICA Upon request of BANK, ACE shall, as reasonably required by BANK, but no more often than quarterlywithin forty-five (45) days of the last day of any calendar quarter, provide BANK with its most recent ACE’s quarterly financial statements and, on or before each April 15, shall provide BANK with ACE’s annual unaudited financial statements and its annual audited financial statements, each to be prepared in accordance with generally accepted accounting principles then in effect. (iii) Unless otherwise directed by BANK, BANK agrees to allow ADVANCE AMERICAACE, as its agent and bailee, without an ownership interest by ADVANCE AMERICA, to maintain and retain possession of the TRANSACTION DOCUMENTS Loan Documents in trust for BANK for the term of the Agreement and any additional period required by applicable lawLaw. Except as otherwise allowed by Section 9 of this Agreement, ADVANCE AMERICA ACE agrees to use such TRANSACTION DOCUMENTS Loan Documents solely to service the TRANSACTIONS and to segregate all such TRANSACTION DOCUMENTS, and all document files and records which relate to the services provided by ADVANCE AMERICA hereunder, from ADVANCE AMERICA’s other files and records. (iv) The TRANSACTION DOCUMENTS Loans. Such Loan Documents shall be held by ADVANCE AMERICA, pursuant to BANK’S record retention requirements, as more particularly set forth in Exhibit B attached hereto and incorporated herein by reference ACE in trust and as bailee for BANK, and BANK will have which has and shall continue to have constructive possession and legal title to such documents, files and records. At such time or times as BANK may reasonably request, and at BANK’s cost, ADVANCE AMERICA ACE shall promptly deliver copies a copy of requested TRANSACTION DOCUMENTS all Loan Documents to BANK at its headquarters or such other location or locations as BANK shall directdirect in writing. All such documents shall be maintained segregated from other books and records of ADVANCE AMERICA ACE and otherwise in such a manner as to facilitate their inspection by and delivery to BANK, if so requested. (v) requested in writing. During the term of this Agreement and at all times thereafterthereafter as it relates to information pursuant to this Agreement, BANK and banking agencies with regulatory authority over BANK shall have reasonable access to ADVANCE AMERICA storesACE Designated Locations, to the books and records of ADVANCE AMERICA ACE (to the extent that such books and records pertain to the TRANSACTIONSLoans), to the officers, employees and accountants of ADVANCE AMERICAACE, and to copies of TRANSACTION DOCUMENTSLoan Documents, all for the purpose same purposes of ensuring that ADVANCE AMERICA ACE is carrying out the BANK POLICIES Policies and is otherwise complying fully with its obligations under this Agreement. Such access shall include permission to maintain employees or agents of BANK, at BANK’s expense, and any banking agency with regulatory authority over BANK, at BANK’s expense, on the premises of ADVANCE AMERICA in Texasor such offices of ADVANCE AMERICA where any information requested may be located ACE during regular business hours to audit ADVANCE AMERICAACE’s services contemplated by this Agreement. BANK agrees to provide reasonable advance notice of its intent to audit any ADVANCE AMERICA store. (vi) In addition, and not as a limitation of the foregoing, BANK and any banking agency with regulatory authority over BANK shall have the right at ADVANCE AMERICA’s expense, provided that the aggregate expense to ADVANCE AMERICA shall not exceed $15,000 per yearright, from time to time during the term of this Agreement, to conduct reasonable outside audits in any given year and other reasonable audits and/or compliance reviews of the services provided hereunder, and the records generated thereunder; provided, that such audit and review rights shall be conducted during normal business hours in a manner which does not unreasonably interfere with ADVANCE AMERICAACE’s normal business operations and CUSTOMER customer and employee relations. (iv) ACE will comply, as determined by BANK in BANK’s reasonable discretion, with the Service Provider’s extended loan underwriting system as administered by BANK.

Reports; Access to Stores, Books and Records and Employees. (i) During the term of this AgreementAGREEMENT, ADVANCE AMERICA COMPANY shall promptly provide to BANK or its agents the data submissions and reports set forth on Exhibit B hereto reasonably required by BANK in order for BANK to maintain effective internal controls and to monitor results under this AgreementAGREEMENT, including without limitation the performance of the TRANSACTIONS and ADVANCE AMERICACOMPANY’s obligations hereunder. Such reports shall include a daily report showing those TRANSACTIONS originated through COMPANY, outstanding and repaid each day, as agreed upon by BANK and COMPANY, as well as COMPANY’s monthly compliance review checklists and all periodic internal audit reports for stores marketing and servicing the TRANSACTIONS. (ii) ADVANCE AMERICA COMPANY shall, as reasonably required by BANK, but no more often than quarterly, provide BANK with its most recent unaudited financial statements and its annual audited financial statements. (iii) COMPANY, on behalf of the BANK agrees to allow ADVANCE AMERICA, as its agent and bailee, without an ownership interest by ADVANCE AMERICACOMPANY, to shall maintain and retain possession of the TRANSACTION DOCUMENTS for the term of the Agreement AGREEMENT and any additional period required by applicable law. Except as otherwise allowed by Section 9 of this AgreementAGREEMENT, ADVANCE AMERICA COMPANY agrees to use such TRANSACTION DOCUMENTS solely to service the TRANSACTIONS and to segregate all such TRANSACTION DOCUMENTS, and all document files and records which relate to the services provided by ADVANCE AMERICA hereunder, COMPANY hereunder from ADVANCE AMERICACOMPANY’s other files and records. (iv) The TRANSACTION DOCUMENTS shall be held by ADVANCE AMERICACOMPANY on behalf of BANK, pursuant to BANK’S record retention requirements, as more particularly set forth in Exhibit B the BANK POLICIES attached hereto as Exhibit D and incorporated herein by reference in trust for BANKreference, and BANK will have Bank has and shall continue to have constructive possession and legal title to such documents, files and records. At such time or times as BANK may reasonably request, and at BANK’s cost, ADVANCE AMERICA COMPANY shall promptly deliver all copies of requested TRANSACTION DOCUMENTS to BANK at its headquarters or such other location or locations as BANK shall direct. All such documents shall be maintained segregated from other books and records of ADVANCE AMERICA COMPANY and otherwise in such a manner as to facilitate their inspection by and delivery to BANK, if so requested. (v) During the term of this Agreement AGREEMENT and at all times thereafter, BANK and banking agencies with regulatory authority over BANK shall have reasonable access to ADVANCE AMERICA COMPANY stores, to the books and records of ADVANCE AMERICA COMPANY (to the extent that such books and records pertain to the TRANSACTIONS), to the officers, employees and accountants of ADVANCE AMERICACOMPANY, and to copies of TRANSACTION DOCUMENTS, all for the purpose same purposes of ensuring that ADVANCE AMERICA COMPANY is carrying out the BANK POLICIES and is otherwise complying fully with its obligations under this AgreementAGREEMENT. Such access shall include permission to maintain employees on the premises of ADVANCE AMERICA in Texasor such offices of ADVANCE AMERICA where any information requested may be located COMPANY during regular business hours to audit ADVANCE AMERICACOMPANY’s services contemplated by this Agreement. BANK agrees to provide reasonable advance notice of its intent to audit any ADVANCE AMERICA storeAGREEMENT. (vi) In addition, and not as a limitation of the foregoing, BANK shall have the right at ADVANCE AMERICACOMPANY’s expense, provided that the aggregate expense to ADVANCE AMERICA COMPANY shall not exceed $15,000 25,000 per year, from time to time during the term of this AgreementAGREEMENT, to conduct reasonable outside audits in any given year and other reasonable audits and/or compliance reviews of the services provided hereunder, and the records generated thereunder; provided, that such audit and review rights shall be conducted during normal business hours in a manner which does not unreasonably interfere with ADVANCE AMERICACOMPANY’s normal business operations and CUSTOMER and employee relations.

Reports; Access to Stores, Books and Records and Employees. (i) During the term of this AgreementAGREEMENT, ADVANCE AMERICA COMPANY shall promptly provide to BANK or its agents the data submissions and reports set forth on Exhibit B hereto reasonably required by BANK in order for BANK to maintain effective internal controls and to monitor results under this AgreementAGREEMENT, including without limitation the performance of the TRANSACTIONS and ADVANCE AMERICA’s COMPANY's obligations hereunder. Such reports shall include a daily report showing those TRANSACTIONS originated through COMPANY, outstanding and repaid each day, as agreed upon by BANK and COMPANY, as well as COMPANY's monthly compliance review checklists and all periodic internal audit reports for stores marketing and servicing the TRANSACTIONS. (ii) ADVANCE AMERICA COMPANY shall, as reasonably required by BANK, but no more often than quarterly, provide BANK with its most recent unaudited financial statements and its annual audited financial statements. (iii) COMPANY, on behalf of the BANK agrees to allow ADVANCE AMERICA, as its agent and bailee, without an ownership interest by ADVANCE AMERICACOMPANY, to shall maintain and retain possession of the TRANSACTION DOCUMENTS for the term of the Agreement AGREEMENT and any additional period required by applicable law. Except as otherwise allowed by Section 9 of this AgreementAGREEMENT, ADVANCE AMERICA COMPANY agrees to use such TRANSACTION DOCUMENTS solely to service the TRANSACTIONS and to segregate all such TRANSACTION DOCUMENTS, and all document files and records which relate to the services provided by ADVANCE AMERICA hereunder, COMPANY hereunder from ADVANCE AMERICA’s COMPANY's other files and records. (iv) The TRANSACTION DOCUMENTS shall be held by ADVANCE AMERICACOMPANY on behalf of BANK, pursuant to BANK’S 'S record retention requirements, as more particularly set forth in Exhibit B the BANK POLICIES attached hereto as Exhibit D and incorporated herein by reference in trust for BANKreference, and BANK will have Bank has and shall continue to have constructive possession and legal title to such documents, files and records. At such time or times as BANK may reasonably request, and at BANK’s 's cost, ADVANCE AMERICA COMPANY shall promptly deliver all copies of requested TRANSACTION DOCUMENTS to BANK at its headquarters or such other location or locations as BANK shall direct. All such documents shall be maintained segregated from other books and records of ADVANCE AMERICA COMPANY and otherwise in such a manner as to facilitate their inspection by and delivery to BANK, if so requested. (v) During the term of this Agreement AGREEMENT and at all times thereafter, BANK and banking agencies with regulatory authority over BANK shall have reasonable access to ADVANCE AMERICA COMPANY stores, to the books and records of ADVANCE AMERICA COMPANY (to the extent that such books and records pertain to the TRANSACTIONS), to the officers, employees and accountants of ADVANCE AMERICACOMPANY, and to copies of TRANSACTION DOCUMENTS, all for the purpose same purposes of ensuring that ADVANCE AMERICA COMPANY is carrying out the BANK POLICIES and is otherwise complying fully with its obligations under this AgreementAGREEMENT. Such access shall include permission to maintain employees on the premises of ADVANCE AMERICA in Texasor such offices of ADVANCE AMERICA where any information requested may be located COMPANY during regular business hours to audit ADVANCE AMERICA’s COMPANY's services contemplated by this Agreement. BANK agrees to provide reasonable advance notice of its intent to audit any ADVANCE AMERICA storeAGREEMENT. (vi) In addition, and not as a limitation of the foregoing, BANK shall have the right at ADVANCE AMERICA’s COMPANY's expense, provided that the aggregate expense to ADVANCE AMERICA COMPANY shall not exceed $15,000 25,000 per year, from time to time during the term of this AgreementAGREEMENT, to conduct reasonable outside audits in any given year and other reasonable audits and/or compliance reviews of the services provided hereunder, and the records generated thereunder; provided, that such audit and review rights shall be conducted during normal business hours in a manner which does not unreasonably interfere with ADVANCE AMERICA’s COMPANY's normal business operations and CUSTOMER and employee relations.