2.6 DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES, THEN THE
PARTIES SHALL ENDEAVOR IN GOOD FAITH TO TAKE ALL COMMERCIALLY REASONABLE ACTIONS
NECESSARY TO PROMPTLY MODIFY THE PROGRAM SO AS TO RESOLVE THE PROBLEMS.
4
2.7
CHECK DISBURSEMENTS; LOST CHECKS; CHECK
RECONCILIATIONS.
(A)
CHECK DISBURSEMENTS. IF A CUSTOMER HAS
CHOSEN A REPUBLIC CASHIER'S CHECK AS THE METHOD OF DISBURSEMENT, THEN UPON
RECEIPT OF NOTICE FROM REPUBLIC THAT IT HAS APPROVED A CUSTOMER'S RAL
APPLICATION, OR THAT THE IRS HAS FUNDED A CUSTOMER'S AR, JHTSL SHALL TRANSMIT A
CHECK PRINT AUTHORIZATION TO THE ERO TO PERMIT THE ERO TO PRINT A DISBURSEMENT
CHECK FROM THE CONSECUTIVELY NUMBERED BLANK CHECK STOCK SUPPLIED TO IT BY
REPUBLIC. SUCH CHECK SHALL EVIDENCE THE AMOUNT OF THE RAL, MONEY NOW LOAN, OR
AR, LESS ALL FEES AND CHARGES AUTHORIZED BY THE CUSTOMER TO BE DEDUCTED
THEREFROM, AND SHALL BEAR AN IMPRINT OF THE FACSIMILE SIGNATURE OF AN AUTHORIZED
REPUBLIC SIGNATORY AS PROVIDED BY REPUBLIC.
(B)
CHECK RECONCILIATIONS. JHTSL SHALL
IMMEDIATELY TRANSMIT TO REPUBLIC A CHECK RECONCILIATION FILE, THE CONTENT AND
LAYOUT OF WHICH ARE DESCRIBED IN THE SPECIFICATIONS, WITH RESPECT TO EACH CHECK
AS TO WHICH IT HAS RECEIVED FROM THE ERO CONFIRMATION THAT THE CHECK WAS
PRINTED.
2.8
DATA PROCESSING SYSTEMS.
(A)
REPUBLIC COMMUNICATIONS. DURING THE TERM,
JHTSL SHALL DEVELOP, MAINTAIN AND OPERATE DATA PROCESSING SYSTEMS AND PROGRAMS
THAT ARE CAPABLE OF ELECTRONICALLY TRANSMITTING AND RECEIVING ALL INFORMATION,
RECORDS AND FILE FORMATS REQUIRED BY THE SPECIFICATIONS. SPECIFICALLY, JHTSL HAS
AGREED TO MAKE CERTAIN MODIFICATIONS TO ITS DATA PROCESSING SYSTEMS AND PROGRAMS
TO ACCOMMODATE THE REPUBLIC SYSTEMS AND PROGRAMS, AS MORE FULLY DESCRIBED IN
SECTION 3.2 BELOW. EXCEPT AS LIMITED BY SECTION 9.1 HEREOF, JHTSL SHALL BE
RESPONSIBLE FOR ANY LOSSES DIRECTLY ATTRIBUTABLE TO THE FAILURE OF JHTSL'S DATA
PROCESSING SYSTEMS AND PROGRAMS TO ELECTRONICALLY TRANSMIT AND RECEIVE RECORDS
AND FILES IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN THE SPECIFICATIONS.
(B)
ELECTRONIC FILING SOFTWARE. JHTSL SHALL
DISTRIBUTE TO EACH PARTICIPATING ERO ITS PROPRIETARY ELECTRONIC FILING SOFTWARE,
PROFILER, WHICH SHALL (I) ENABLE THE ERO TO PREPARE ACCURATELY AND
ELECTRONICALLY FILE RETURNS TO THE IRS THROUGH JHTSL AND (II) ACCURATELY
POPULATE THE TRUTH-IN-LENDING ACT DISCLOSURE STATEMENT, APPLICABLE STATE
DISCLOSURE DOCUMENTS (AS DEFINED IN THE PROGRAM AGREEMENT) AND APPLICATIONS
BASED UPON INFORMATION INPUT BY THE TAX PREPARER.
(C)
CHECK WRITING SOFTWARE. JHTSL SHALL
DISTRIBUTE TO EACH PARTICIPATING ERO A CHECK WRITING PROGRAM, WHICH PROGRAM
SHALL PERMIT (I) CHECKS TO BE WRITTEN ONLY IN THE NAME OF THE PROPER CUSTOMER
AND ONLY IN THE AMOUNT APPROVED BY REPUBLIC, (II) THE PRINTING OF THE
TRUTH-IN-LENDING ACT DISCLOSURE STATEMENT (THE TEXT OF WHICH SHALL HAVE BEEN
PREPARED BY REPUBLIC AND REVIEWED BY JHTSL) ON A PERFORATED STUB OF THE REPUBLIC
BLANK CHECK FORM, AND (III) THE PRINTING OF ADDITIONAL DISBURSEMENT CHECKS IN
THE EVENT THAT ADDITIONAL FUNDS ARE RECEIVED AND OWING TO THE CUSTOMER.
(D)
SOFTWARE. REPUBLIC SHALL PROVIDE NO FEWER
THAN 30 TEST TRANSMISSIONS IN A TEST ENVIRONMENT ON OR BEFORE DECEMBER 1ST
PRECEDING EACH TAX