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10 | Page <br />CLIENT NAME Loan Servicing Agreement #XXXX <br />“Confidential Information” shall not include the following: <br />A. Information that is or becomes generally available to and known by the <br />public (other than as a result of an unpermitted disclosure directly or <br />indirectly by the receiving party or its affiliates, advisors, or representatives); <br /> <br />B. Information that is or becomes available to the receiving party on a non- <br />confidential basis from a source other than the disclosing party or its <br />affiliates, advisors, or representatives, provided that such source is not and <br />was not bound by a confidentiality agreement with or other obligation of <br />secrecy to the disclosing party of which the receiving party has knowledge at <br />the time of the disclosure; or <br /> <br />C. Information that has already been or is hereafter independently acquired or <br />developed by the receiving party without violating any confidentiality <br />agreement with or obligation secrecy to the disclosing party. <br /> <br />21. Attorney In-Fact. To enable CEE to carry out its obligations under this Agreement, Client hereby <br />a. authorizes CEE (and its third party contractors) on behalf of Client to communicate as <br />Client’s agent with (i) borrowers, guarantors, and others obligated in connection with a <br />Loan by electronic means or otherwise, (ii) credit reporting bureaus and consumer <br />reporting agencies selected by CEE, and (iii) to do or perform any other acts for purposes <br />of carrying out its obligations hereunder, and <br />b. appoints CEE as Client’s lawful attorney in fact to sign in the name of Client such <br />documents as are necessary or appropriate for CEE to perform its obligations as <br />contemplated under this Agreement, including without limitation checks and other <br />documents necessary to process payments, proof of claims, and such other documents as <br />Client may approve in writing, which approval shall not be unreasonably withheld or <br />delayed. For the avoidance of doubt, such power-of-attorney shall be revocable, in whole <br />or in part, at the sole discretion of Client; provided that, upon any such revocation, CEE <br />shall not be liable for failure to perform any obligations under this Agreement for which <br />such power-of-attorney is necessary, and such failure may be considered by CEE in its <br />sole discretion as a basis on which to terminate this Agreement. <br />22. Transfers. Client shall provide CEE with all authorizations and information, and shall take all such <br />further steps as may be necessary, in order to authorize and enable CEE to initiate the movement of <br />funds by automated clearing house (“ACH”) or other electronic funds transfer. <br />23. Notices <br />All notices and communications as part of this Agreement must be in writing and, except as <br />otherwise agreed in writing, must be delivered, mailed, faxed, or emailed, to the following <br />addresses: <br /> If to CEE: <br />