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Common use of Use of System Clause in Contracts

Use of System. (a) Subject to the terms and conditions of this Agreement, the Agency grants to User a non- exclusive right to use the System, including any updates and enhancements to the System, the Output of the System and the User Instructions and other documentation for the System that may be provided to User by the Agency. The term “System” and any other capitalized term not defined in the text of this Agreement will have the meaning set forth in the Glossary attached to this Agreement as Exhibit A. User will cause data to be entered into the System only with respect to potential loss mitigation actions (e.g., special forbearance, loan modification, pre-foreclosure sale, deed in lieu of foreclosure). User’s use of the System is subject to the provisions of the User Instructions and such other instructions as may be communicated by the Agency from time to time in writing. Except to the extent otherwise provided in this Agreement or consented to by the Agency in writing, User will not permit any third parties to use the System, either directly or indirectly through User. (b) User access to the System is dependent upon the eAuthentication system, which will require the User Security Administrator and specific employees or agents of the User to specify a user ID and password as part of the sign-on procedure. User agrees to immediately notify the Agency (i) if User terminates the employment or agency of any of its authorized users, and (ii) in the event of any loss, theft or unauthorized disclosure or use of any user ID or password. Individual user IDs and passwords may not be transferred between employees and agents, and User shall ensure that such transfers do not occur. User will permit the Agency, from time to time and upon at least fifteen (15) days' notice to User, to audit or review User's controls and procedures related to access to the System. User agrees to provide the Agency with a list of the names of its authorized users of the System with their user IDs. (c) Where User data or other materials reside on the System, the Agency will use reasonable care to avoid loss, alteration or improper access to User data and other materials. User shall be responsible for implementing appropriate procedures to protect data and other materials and shall be responsible for security breaches caused by its employees, agents or contractors, including without limitation, any access or entry into the System or any third party system not covered by this Agreement. User shall use reasonable care to prevent unauthorized third parties from gaining access to the System or password-protected portions of the Agency’s Internet sites through User‘s systems. (d) User’s right to use the System and the Agency’s obligation to perform hereunder shall not accrue until the User has been notified, in writing, that it has been approved by the Agency for use of the System.

Appears in 2 contracts

Samples: User Agreement, User Agreement

Use of System. (a) Subject to the terms and conditions of this Agreement, the Agency Rural Development grants to User a non- non-exclusive right to use the System, including any updates and enhancements to the System, the Output output of the System System, and the User Instructions and other documentation for the System that may be provided to User by the AgencyRural Development. The term “System” and any other capitalized term not defined in the text of this Agreement will have the meaning set forth in the Glossary of Terms attached to this Agreement as Exhibit A. User will cause data to be entered into the GAF System only with respect to potential loss mitigation actions (e.g.user contact information, special forbearancepayment of annual fees, termination of annual fees or reinstatement of annual fees as needed for the full collection of annual fees associated with the loan modification, pre-foreclosure sale, deed in lieu of foreclosure)serviced by the User. User will cause data to be entered into the PAD System only with respect to GAF default PAD account information. User’s use of the System is subject to the provisions of the User Instructions and such other instructions as may be communicated by the Agency from time to time Rural Development in writing, including, without limitation, restrictions on the types of payments which may be entered into the System. Except to the extent otherwise provided in this Agreement or consented to by the Agency Rural Development in writing, User will not permit any third parties to use the System, other than those who directly represent the User in an employment capacity, either directly or indirectly through User. (b) User access to the System is dependent upon the eAuthentication system, which e-Authentication system that will require the User Security Administrator and specific employees or agents of the User to specify a user ID identification number and password as part of the sign-on procedure. User agrees to immediately notify the Agency Rural Development (i) if User terminates the employment or agency of any one of its authorized users, and or (ii) in the event of any loss, theft or unauthorized disclosure or use of any user ID identification number or password. Individual user IDs identification numbers and passwords may not be transferred between employees and agents, and User shall ensure that such transfers do not occur. User will permit the Agency, from time to time and upon at least fifteen (15) days' notice to User, to audit or review User's controls and procedures related to access to the System. User agrees to provide the Agency with a list of the names of its authorized users of the System with their user IDs. (c) Where User data or other materials reside on the System, the Agency Rural Development will use reasonable care to avoid loss, alteration alteration, or improper access to User data and other materials. User shall be responsible for implementing appropriate procedures to protect data and other materials and shall be responsible for security breaches caused by its employees, agents or contractors, including without limitation, any access or entry into the System System, or any third party system not covered by this Agreement. User shall use reasonable care to prevent unauthorized third parties from gaining access to the System or password-password protected portions of the AgencyRural Development’s Internet sites through User‘s systems. (d) User’s right to use the System and the AgencyRural Development’s obligation to perform hereunder shall not accrue until the User has been notified, in writing, that it has been approved by the Agency Rural Development for use of the System.

Appears in 1 contract

Samples: Lender User Agreement

Use of System. (a) Subject to the terms and conditions of this Agreement, the Agency Rural Development grants to User a non- non-exclusive right to use the System, including any updates and enhancements to the System, the Output output of the System System, and the User Instructions and other documentation for the System that may be provided to User by the AgencyRural Development. The term “GAF System” and any other capitalized term not defined in the text of this Agreement will have the meaning set forth in the Glossary of Terms attached to this Agreement as Exhibit A. User will cause data to be entered into the GAF System only with respect to potential loss mitigation actions (e.g.user contact information, special forbearancepayments of annual fees, termination of annual fees or reinstatements of annual fees as needed for the full collection of annual fees associated with the loan modification, pre-foreclosure sale, deed in lieu of foreclosure)serviced by Lender. User’s use of the GAF System is subject to the provisions of the User Instructions and such other instructions as may be communicated by the Agency from time to time Rural Development in writing, including, without limitation, restrictions on the types of payments which may be entered into the GAF System. Except to the extent otherwise provided in this Agreement or consented to by the Agency Rural Development in writing, User will not permit any third parties to use the GAF System, other than those who directly represent the User in an employment capacity, either directly or indirectly through User. (b) User access to the GAF System is dependent upon the eAuthentication system, which e-Authentication system that will require the User Security Administrator and specific employees or agents of the User to specify a user ID identification number and password as part of the sign-on procedure. User agrees to immediately notify the Agency Rural Development (i) if User terminates the employment or agency of any one of its authorized users, and or (ii) in the event of any loss, theft theft, or unauthorized disclosure or use of any user ID identification number or password. Individual user IDs identification numbers and passwords may not be transferred between employees and agents, and User shall ensure that such transfers do not occur. User will permit the Agency, from time to time and upon at least fifteen (15) days' notice to User, to audit or review User's controls and procedures related to access to the System. User agrees to provide the Agency with a list of the names of its authorized users of the System with their user IDs. (c) Where User data or other materials reside on the GAF System, the Agency Rural Development will use reasonable care to avoid loss, alteration alteration, or improper access to User data and other materials. User shall be responsible for implementing appropriate procedures to protect data and other materials and shall be responsible for security breaches caused by its employees, agents or contractors, including without limitation, any access access, or entry into the GAF System or any third party system not covered by this Agreement. User shall use reasonable care to prevent unauthorized third parties from gaining access to the System or password-password protected portions of the AgencyRural Development’s Internet sites through User‘s systems. (d) User’s right to use the GAF System and the AgencyRural Development’s obligation to perform hereunder shall not accrue until the User has been notified, in writing, that it has been approved by the Agency Rural Development for use of the System.

Appears in 1 contract

Samples: Service Bureau User Agreement

Use of System. (a) Subject to the terms and conditions of this Agreement, the Agency Rural Development grants to User a non- non-exclusive right to use the System, including any updates and enhancements to the System, the Output output of the System System, and the User Instructions and other documentation for the System that may be provided to User by the AgencyRural Development. The term “System” and any other capitalized term not defined in the text of this Agreement will have the meaning set forth in the Glossary of Terms attached to this Agreement as Exhibit A. User will cause data to be entered into the MRARCV System only with respect to potential loss mitigation actions (e.g.user contact information, special forbearance, payment of MRA Receivables as needed for the full collection of MRA Receivables associated with the loan modification, pre-foreclosure sale, deed in lieu of foreclosure)serviced by the User. User will cause data to be entered into the PAD System only with respect to MRARCV default PAD account information. User’s use of the System is subject to the provisions of the User Instructions and such other instructions as may be communicated by the Agency from time to time Rural Development in writing, including, without limitation, restrictions on the types of payments which may be entered into the System. Except to the extent otherwise provided in this Agreement or consented to by the Agency Rural Development in writing, User will not permit any third parties to use the System, other than those who directly represent the User in an employment capacity, either directly or indirectly through User. (b) User access to the System is dependent upon the eAuthentication system, which e-Authentication system that will require the User Security Administrator and specific employees or agents of the User to specify a user ID identification number and password as part of the sign-on procedure. User agrees to immediately notify the Agency Rural Development (i) if User terminates the employment or agency of any one of its authorized users, and or (ii) in the event of any loss, theft or unauthorized disclosure or use of any user ID identification number or password. Individual user IDs identification numbers and passwords may not be transferred between employees and agents, and User shall ensure that such transfers do not occur. User will permit the Agency, from time to time and upon at least fifteen (15) days' notice to User, to audit or review User's controls and procedures related to access to the System. User agrees to provide the Agency with a list of the names of its authorized users of the System with their user IDs. (c) Where User data or other materials reside on the System, the Agency Rural Development will use reasonable care to avoid loss, alteration alteration, or improper access to User data and other materials. User shall be responsible for implementing appropriate procedures to protect data and other materials and shall be responsible for security breaches caused by its employees, agents or contractors, including without limitation, any access or entry into the System System, or any third third-party system not covered by this Agreement. User shall use reasonable care to prevent unauthorized third parties from gaining access to the System or password-password protected portions of the AgencyRural Development’s Internet sites through User‘s systems. (d) User’s right to use the System and the AgencyRural Development’s obligation to perform hereunder shall not accrue until the User has been notified, in writing, that it has been approved by the Agency Rural Development for use of the System.

Appears in 1 contract

Samples: Lender User Agreement

Use of System. (a) Subject to the terms and conditions of this Agreement, the Agency Rural Development grants to User a non- non-exclusive right to use the System, including any updates and enhancements to the System, the Output output of the System System, and the User Instructions and other documentation for the System that may be provided to User by the AgencyRural Development. The term “System” and any other capitalized term not defined in the text of this Agreement will have the meaning set forth in the Glossary of Terms attached to this Agreement as Exhibit A. User will cause data to be entered into the GAF System only with respect to potential loss mitigation actions (e.g.user contact information, special forbearancepayment of annual fees, termination of annual fees or reinstatement of annual fees as needed for the full collection of annual fees associated with the loan modification, pre-foreclosure sale, deed in lieu of foreclosure)serviced by the User. User will cause data to be entered into the PAD System only with respect to GAF default PAD account information. User’s use of the System is subject to the provisions of the User Instructions and such other instructions as may be communicated by the Agency from time to time Rural Development in writing, including, without limitation, restrictions on the types of payments which may be entered into the System. Except to the extent otherwise provided in this Agreement or consented to by the Agency Rural Development in writing, User will not permit any third parties to use the System, other than those who directly represent the User in an employment capacity, either directly or indirectly through User. (b) User access to the System is dependent upon the eAuthentication system, which e-Authentication system that will require the User Security Administrator and specific employees or agents of the User to specify a user ID identification number and password as part of the sign-on procedure. User agrees to immediately notify the Agency Rural Development (i) if User terminates the employment or agency of any one of its authorized users, and or (ii) in the event of any loss, theft or unauthorized disclosure or use of any user ID identification number or password. Individual user IDs identification numbers and passwords may not be transferred between employees and agents, and User shall ensure that such transfers do not occur. User will permit the Agency, from time to time and upon at least fifteen (15) days' notice to User, to audit or review User's controls and procedures related to access to the System. User agrees to provide the Agency with a list of the names of its authorized users of the System with their user IDs. (c) Where User data or other materials reside on the System, the Agency Rural Development will use reasonable care to avoid loss, alteration alteration, or improper access to User data and other materials. User shall be responsible for implementing appropriate procedures to protect data and other materials and shall be responsible for security breaches caused by its employees, agents or contractors, including without limitation, any access or entry into the System System, or any third third-party system not covered by this Agreement. User shall use reasonable care to prevent unauthorized third parties from gaining access to the System or password-password protected portions of the AgencyRural Development’s Internet sites through User‘s systems. (d) User’s right to use the System and the AgencyRural Development’s obligation to perform hereunder shall not accrue until the User has been notified, in writing, that it has been approved by the Agency Rural Development for use of the System.

Appears in 1 contract

Samples: Lender User Agreement