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, COMPANY shall promptly provide to BANK or its agents data submissions and reports reasonably required by BANK in order to maintain effective internal controls and to monitor results under this AGREEMENT, including without limitation the performance of the TRANSACTIONS and 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) 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 and without an ownership interest by COMPANY, shall 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, 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 COMPANY hereunder from COMPANY’s other files and records. (iv) The TRANSACTION DOCUMENTS shall be held by COMPANY on behalf of BANK, pursuant to BANK’S record retention requirements, as more particularly set forth in the BANK POLICIES attached hereto as Exhibit D and incorporated herein by reference, and 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, COMPANY shall promptly deliver all copies of 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 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 and at all times thereafter, BANK and banking agencies with regulatory authority over BANK shall have reasonable access to COMPANY stores, to the books and records of COMPANY (to the extent that such books and records pertain to the TRANSACTIONS), to the officers, employees and accountants of COMPANY, and to copies of TRANSACTION DOCUMENTS, all for the same purposes of ensuring that COMPANY is carrying out the 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 COMPANY during regular business hours to audit COMPANY’s services contemplated by this AGREEMENT. (vi) In addition, and not as a limitation of the foregoing, BANK shall have the right at COMPANY’s expense, provided that the aggregate expense to COMPANY shall not exceed $25,000 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 COMPANY’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, COMPANY shall promptly provide to BANK or its agents data submissions and reports reasonably required by BANK in order to maintain effective internal controls and to monitor results under this AGREEMENT, including without limitation the performance of the TRANSACTIONS and COMPANY’s '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 's monthly compliance review checklists and all periodic internal audit reports for stores marketing and servicing the TRANSACTIONS. (ii) 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 and without an ownership interest by COMPANY, shall 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, 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 COMPANY hereunder from COMPANY’s 's other files and records. (iv) The TRANSACTION DOCUMENTS shall be held by COMPANY on behalf of BANK, pursuant to BANK’S 'S record retention requirements, as more particularly set forth in the BANK POLICIES attached hereto as Exhibit D and incorporated herein by reference, and 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, COMPANY shall promptly deliver all copies of 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 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 and at all times thereafter, BANK and banking agencies with regulatory authority over BANK shall have reasonable access to COMPANY stores, to the books and records of COMPANY (to the extent that such books and records pertain to the TRANSACTIONS), to the officers, employees and accountants of COMPANY, and to copies of TRANSACTION DOCUMENTS, all for the same purposes of ensuring that COMPANY is carrying out the 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 COMPANY during regular business hours to audit COMPANY’s 's services contemplated by this AGREEMENT. (vi) In addition, and not as a limitation of the foregoing, BANK shall have the right at COMPANY’s 's expense, provided that the aggregate expense to COMPANY shall not exceed $25,000 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 COMPANY’s '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, COMPANY ACE shall promptly provide to BANK or its agents data submissions and reports reasonably required by BANK in order to maintain effective internal controls and to monitor results under this AGREEMENTAgreement, including including, without limitation limitation, the performance of the TRANSACTIONS Loans and COMPANYACE’s obligations hereunder. Such reports shall include a daily report showing those TRANSACTIONS Loans originated through COMPANYACE, outstanding 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 repaid each day, as agreed upon by BANK and COMPANYACH information required to collect Loan repayments, as well as COMPANYACE’s monthly compliance review checklists and all periodic internal audit reports for stores ACE Designated Locations marketing and servicing the TRANSACTIONSLoans. (ii) COMPANY 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) COMPANYUnless otherwise directed by BANK, on behalf of the BANK and without an ownership interest by COMPANYagrees to allow ACE, shall as its bailee, to maintain and retain possession of the TRANSACTION DOCUMENTS Loan Documents in trust for BANK for the term of the AGREEMENT Agreement and any additional period required by applicable lawLaw. Except as otherwise allowed by Section 9 of this AGREEMENT, COMPANY 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 COMPANY hereunder from COMPANY’s other files and records. (iv) The TRANSACTION DOCUMENTS Loans. Such Loan Documents shall be held by COMPANY on behalf of ACE in trust and as bailee for BANK, pursuant to BANK’S record retention requirements, as more particularly set forth in the BANK POLICIES attached hereto as Exhibit D and incorporated herein by reference, and Bank 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, COMPANY ACE shall promptly deliver a copy of all copies of TRANSACTION DOCUMENTS 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 COMPANY 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 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 COMPANY storesACE Designated Locations, to the books and records of COMPANY ACE (to the extent that such books and records pertain to the TRANSACTIONSLoans), to the officers, employees and accountants of COMPANYACE, and to copies of TRANSACTION DOCUMENTSLoan Documents, all for the same purposes of ensuring that COMPANY ACE is carrying out the BANK POLICIES Policies and is otherwise complying fully with its obligations under this AGREEMENTAgreement. 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 COMPANY ACE during regular business hours to audit COMPANYACE’s services contemplated by this AGREEMENT. (vi) Agreement. 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 COMPANY’s expense, provided that the aggregate expense to COMPANY shall not exceed $25,000 per yearright, 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 COMPANYACE’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, COMPANY ADVANCE AMERICA shall promptly provide to BANK or its agents the data submissions and reports reasonably required by BANK set forth on Exhibit B hereto 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 COMPANYADVANCE AMERICA’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) COMPANY 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) COMPANYBANK agrees to allow ADVANCE AMERICA, on behalf of the BANK as its agent and bailee, without an ownership interest by COMPANYADVANCE AMERICA, shall to 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, COMPANY 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 COMPANY hereunder ADVANCE AMERICA hereunder, from COMPANYADVANCE AMERICA’s other files and records. (iv) The TRANSACTION DOCUMENTS shall be held by COMPANY on behalf of BANKADVANCE AMERICA, pursuant to BANK’S record retention requirements, as more particularly set forth in the BANK POLICIES Exhibit B attached hereto as Exhibit D and incorporated herein by referencereference in trust for BANK, and Bank has 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, COMPANY ADVANCE AMERICA 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 COMPANY 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 Agreement and at all times thereafter, BANK and banking agencies with regulatory authority over BANK shall have reasonable access to COMPANY ADVANCE AMERICA stores, to the books and records of COMPANY ADVANCE AMERICA (to the extent that such books and records pertain to the TRANSACTIONS), to the officers, employees and accountants of COMPANYADVANCE AMERICA, and to copies of TRANSACTION DOCUMENTS, all for the same purposes purpose of ensuring that COMPANY ADVANCE AMERICA 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 COMPANY ADVANCE AMERICA in Texasor such offices of ADVANCE AMERICA where any information requested may be located during regular business hours to audit COMPANYADVANCE AMERICA’s services contemplated by this AGREEMENTAgreement. 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 COMPANYADVANCE AMERICA’s expense, provided that the aggregate expense to COMPANY ADVANCE AMERICA shall not exceed $25,000 15,000 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 COMPANYADVANCE 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 AGREEMENTAgreement, COMPANY ADVANCE AMERICA shall promptly provide to BANK or its agents the data submissions and reports reasonably required by BANK set forth on Exhibit B hereto 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 COMPANYADVANCE AMERICA’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) COMPANY 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) COMPANYBANK agrees to allow ADVANCE AMERICA, on behalf of the BANK as its agent and bailee, without an ownership interest by COMPANYADVANCE AMERICA, shall to 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, COMPANY 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 COMPANY hereunder ADVANCE AMERICA hereunder, from COMPANYADVANCE AMERICA’s other files and records. (iv) The TRANSACTION DOCUMENTS shall be held by COMPANY on behalf of BANKADVANCE AMERICA, pursuant to BANK’S record retention requirements, as more particularly set forth in the BANK POLICIES Exhibit B attached hereto as Exhibit D and incorporated herein by referencereference in trust for BANK, and Bank has 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, COMPANY ADVANCE AMERICA 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 COMPANY 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 Agreement and at all times thereafter, BANK and banking agencies with regulatory authority over BANK shall have reasonable access to COMPANY ADVANCE AMERICA stores, to the books and records of COMPANY ADVANCE AMERICA (to the extent that such books and records pertain to the TRANSACTIONS), to the officers, employees and accountants of COMPANYADVANCE AMERICA, and to copies of TRANSACTION DOCUMENTS, all for the same purposes purpose of ensuring that COMPANY ADVANCE AMERICA 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 COMPANY ADVANCE AMERICA in North Carolina or such offices of ADVANCE AMERICA where any information requested may be located during regular business hours to audit COMPANYADVANCE AMERICA’s services contemplated by this AGREEMENTAgreement. 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 COMPANYADVANCE AMERICA’s expense, provided that the aggregate expense to COMPANY ADVANCE AMERICA shall not exceed $25,000 15,000 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 COMPANYADVANCE AMERICA’s normal business operations and CUSTOMER and employee relations.