TOTAL AMOUNT OWED PURSUANT TO THE RAL, OR IF AFTER A RAL IS
DENIED, THE RETURN IS ACCEPTED BY THE IRS AND A DIRECT DEPOSIT IS MADE TO THE
DEPOSIT ACCOUNT, THEN REPUBLIC SHALL SEND A DISBURSEMENT AUTHORIZATION RECORD IN
THE AMOUNT OF THE EXCESS OR THE DEPOSIT, RESPECTIVELY (AFTER ADJUSTING FOR AND
POSTING FEES), TO JHI. IF THE REFUND IS LESS THAN THE AMOUNT ANTICIPATED, THEN
REPUBLIC SHALL NOTIFY THE ERO AND THE CUSTOMER OF SUCH SHORTFALL, AND DEMAND
PROMPT PAYMENT TO REPUBLIC OF THE OUTSTANDING AMOUNT.
7.5.
ESTABLISHMENT OF FEES AND UNDERWRITING
CRITERIA. THE PRICING, FEES, AND TERMS FOR THE PROGRAM SHALL BE DEVELOPED FOR
EACH TAX SEASON BY REPUBLIC IN CONSULTATION WITH JHI, PROVIDED, HOWEVER, THAT IN
THE EVENT REPUBLIC AND JHI CANNOT AGREE ON THE PRICING AND FEES FOR THE
FINANCIAL PRODUCTS, REPUBLIC'S DECISION WILL CONTROL, SUBJECT TO THE PARAMETERS
SET FORTH IN THIS SECTION. THE UNDERWRITING CRITERIA FOR THE FINANCIAL PRODUCTS
WILL BE DEVELOPED BY REPUBLIC AND MAY BE MODIFIED FROM TIME TO TIME AT
REPUBLIC'S SOLE DISCRETION. THE PRICING, FEES, TERMS AND UNDERWRITING CRITERIA
MUST BE COMMERCIALLY REASONABLE, SUBSTANTIALLY SIMILAR TO THE PRICING, FEES AND
TERMS OF FINANCIAL PRODUCT PROGRAMS OFFERED IN OTHER JACKSON HEWITT TAX SERVICE
OFFICES, AND WITHIN REGULATORY GUIDELINES, BASED ON THE BEST INFORMATION
AVAILABLE THAT TAX SEASON, INCLUDING IRS PRIOR-YEAR FUNDING TRENDS, COMPETITIVE
PRODUCT OFFERINGS AND CUSTOMER AND ERO BEHAVIOR. REPUBLIC ACKNOWLEDGES THAT
JACKSON HEWITT TAX SERVICE OPERATES THROUGH MULTIPLE LOCATIONS AND NOT ALL OF
WHICH ARE SUBJECT TO THE TERMS OF THIS AGREEMENT. TOWARD THAT END,
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, REPUBLIC AGREES THAT IT WILL
ACCOMMODATE COMMERCIALLY REASONABLE REQUESTS OF JHI WITH RESPECT TO THE PROGRAM
TO ENSURE THAT JHI'S PROGRAMS ARE NOT INCONSISTENT AND IMPRACTICAL OR UNDULY
BURDENSOME. REPUBLIC ALONE SHALL BE RESPONSIBLE FOR ALL EXPENSES ASSOCIATED WITH
ACCOMMODATING ANY REQUESTS AGREED TO AS OF THE DATE OF THIS AGREEMENT, AND IF
REPUBLIC AGREES TO ACCOMMODATE A REQUEST THAT HAS NOT BEEN AGREED UPON BY THE
PARTIES AS OF THE DATE OF THIS AGREEMENT, THE PARTIES WILL MUTUALLY AGREE TO THE
ALLOCATION OF COST OF THE REQUEST. THE PRICING, FEES AND TERMS SHALL BE SET
FORTH IN WRITING AND AGREED TO BY THE PARTIES NO LATER THAN NOVEMBER 1ST
PRECEDING EACH TAX SEASON DURING THE TERM. THE UNDERWRITING CRITERIA WILL BE SET
BY REPUBLIC NO LATER THAN NOVEMBER 30TH PRECEDING EACH TAX SEASON DURING THE
TERM.
9
[*] designates portions of this document that have been omitted pursuant to a
request for confidential treatment filed separately with the Securities and
Exchange Commission.
7.6.
DEVELOPMENT OF FORMS/MATERIALS. REPUBLIC SHALL
DEVELOP REASONABLE PROGRAM GUIDELINES FOR THE OFFERING, MARKETING, RECEIPT AND
PROCESSING OF APPLICATIONS, THE MAKING OF LOANS AND THE DELIVERY OF FINANCIAL
PRODUCT PROCEEDS ("PROGRAM GUIDELINES") AND SHALL CREATE AND DISTRIBUTE TO JHI
FOR ITS PRIOR REVIEW FORMS TO BE USED BY PARTICIPATING EROS OF EACH OF THE
FOLLOWING: THE APPLICATION, LOAN AGREEMENT, DISCLOSURE STATEMENT, AND
DISBURSEMENT CHECKS. FOR THE AVOIDANCE OF DOUBT, THE TERM "PROGRAM GUIDELINES"