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11-25-2019
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11-25-2019
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Last modified
1/29/2025 9:16:35 AM
Creation date
1/29/2020 1:23:30 PM
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MV Commission Documents
Commission Name
Economic Development Authority
Commission Doc Type
Agenda Packets
MEETINGDATE
11/4/2019
Commission Doc Number (Ord & Res)
0
Supplemental fields
Date
11/4/2019
EDA Document Type
Council Packets
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12 <br />Mounds View Loan Servicing Contract #3084 <br />621273v5MU205-13 <br /> <br />28. Entire Agreement <br />This Agreement, including all exhibits incorporated herein, constitute the entire agreement among <br />the parties with respect to the subject matter of this Agreement and supersede all other prior <br />agreements and understandings, both written and oral, among the parties to this Agreement with <br />respect to the subject matter of this Agreement. In the event of any inconsistency between the <br />statements in the body of this Agreement and any exhibits, the statements in the body of this <br />Agreement will control. <br /> <br />29. Authorized Persons <br />CEE will provide a single login user name and password (together with any Client created user <br />name and/or password, collectively the “Credentials”) to Client for purposes of accessing CEE’s <br />system (“Portal”) to obtain reporting regarding Client Loans. Client is encouraged to create its <br />own unique Credentials for use in accessing the Portal promptly after receipt of Credentials from <br />CEE. Client shall be solely responsible for the use and protection of the Credentials. Client <br />agrees to maintain the confidentiality of the Credentials. <br /> <br />Client agrees that it shall be liable for all transactions initiated and authorized by means of the <br />Credentials, whether or not actually authorized by the Client. Client further agrees that any <br />person using the Credentials to access the Portal shall be deemed to be duly authorized by Client <br />and such person using the Credentials shall be deemed to have full authority to act on behalf of <br />Client. Client agrees to maintain a proper and complete log of individuals to whom it has <br />provided access to Client portal and receipt of reports with respect to Client Loans or Client <br />reports. Client shall promptly modify the Credentials in the event that any person to whom it has <br />given the Credentials is no longer employed by or otherwise affiliated with Client. <br /> <br />Client shall appoint one or more officers or employees who are authorized to act on behalf of <br />Client regarding this Agreement and the services provided by CEE hereunder (“Authorized <br />Users”). CEE shall not be responsible for any correspondence with or access provided to any <br />Authorized User. Client may add or remove Authorized Users by written notice to CEE. CEE <br />may rely on any action taken by an Authorized User until an Authorized User’s authorization has <br />been revoked by Client by written notice to CEE. CEE shall have a reasonable time to process <br />any revocation received pursuant to this section. <br /> <br />Client agrees that the failure to protect Credentials may allow an unauthorized party to (i) use the <br />services provided by CEE, (ii) access Client’s electronic communications and financial data, and <br />(iii) send or receive information and communications on behalf of the Client. Unencrypted <br />electronic transmissions are not secure, and Client assumes the entire risk for unauthorized use of <br />Credentials and any unencrypted electronic transmissions. Client undertakes no obligation to <br />monitor transactions initiated by valid Credentials to determine that they are made on behalf of or <br />authorized by Client. <br />
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