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(d) The reasonable and customary practices of prudent service providers that offer the same types
<br />of services as Servicer in the jurisdictions in which Servicer operates.
<br />Section 9. Disaster Recovery.
<br />Servicer shall take all reasonable precautions to safeguard information regarding the Client Loans to
<br />minimize the risk of loss from any disruption in business operations such as fire, flood, storm, epidemic
<br />illness, equipment failure, sabotage, terrorism, natural disaster, disaster caused by humans, or
<br />electronic data system failures;
<br />Servicer shall keep duplicate records of all electronic information in its possession pertaining to the
<br />Client Loans and shall store such records in a site remote from its main offices in the following
<br />manner:
<br />(a) Full backups of daily files for 30 consecutive days;
<br />(b) Full backups of month-end files for 7 years; and
<br />(c) In the event of a natural disaster or catastrophic failure of Service's electronic data system,
<br />Servicer shall have a period not to exceed 45 days from the date of such catastrophe to recover
<br />or reconstruct such lost data necessary to comply with the terms of this Agreement.
<br />Section 10. Equal Employment Opportunity. Servicer shall comply with all applicable provisions of the Equal Credit
<br />Opportunity Act (15 U.S.C. § 1691 at sec.). Servicer is an equal opportunity employer and will not
<br />discriminate against any person on the basis of race, color, creed, religion, sex, national origin, age,
<br />disability, marital status, sexual orientation, status with regards to public assistance, or any other
<br />characteristic protected by state or federal law.
<br />Section 11. Compliance.
<br />General. Servicer shall comply with all Applicable Requirements
<br />ii. Vendors. From time to time, Servicer may engage vendors to perform certain tasks that may be
<br />included in Servicer's performance of the Services. Servicer shall follow commercially reasonable
<br />practices designed to ensure that any Services performed by vendors are in compliance with the
<br />Applicable Requirements and this Agreement.
<br />iii. Policies and Procedures. Servicer will maintain and follow written internal policies and procedures
<br />which satisfy all Applicable Requirements in connection with providing services to the Client, including
<br />without limitation policies and procedures for internal quality control, employee hiring and training, and
<br />other methods that ensure compliance.
<br />iv. Audit Rights. The Client will have the right to audit Servicer, at the Client's own expense and not more
<br />than once per calendar year, in order to monitor compliance with the terms of this Agreement.
<br />Servicer will provide full cooperation and will be responsible for assuring full cooperation by its
<br />employees and vendors in connection with such audits. Servicer will, and shall cause any vendor that
<br />performs tasks related to the Services to, allow the Client and its counsel, accountants, and other
<br />representatives, as well as the applicable regulatory authorities of the Client, reasonable access upon
<br />thirty (30) days advance notice and only during normal business hours, to all of Servicer and vendors'
<br />files, books, and records directly relating to the Services performed for Client under this Agreement.
<br />Servicer will provide, and shall cause vendor to provide, to the Client, or obtain for the Client, access
<br />to such properties, records, and personnel as the Client may reasonably require, and shall provide the
<br />Client with Servicers most recent audited financial statements and the names, resumes, and proof of
<br />any required licensures for all relevant personnel employed by Servicer. Client and its representatives
<br />and affiliates shall treat all information obtained in such investigation that is not otherwise in the public
<br />domain as confidential to the extent permitted under the Minnesota Government Data Practices Act,
<br />Minnesota Statutes, Chapter 13.
<br />506156v2 AMB MU210-194
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