(1) Name and address of the EFI or EFL.

(2) Name, business address, business telephone number, email address, and title of contact person.

(3) Name, business address, business telephone number, email address, and title of all loan officers or staff who are authorized to provide and certify data and submit loan, retail installment contract, or lease/service agreement enrollments to the Authority under the Program.

(4) Type of finance company, denoting insured depository institution, insured credit union, Community Development Financial Institution, Financial Development Corporation, California Finance Lender or other.

(5) A list of the counties in California where its product may be available, or an indication that the product may be available statewide.

(6) Names of the regulatory agency and the insuring agency to which the EFI or EFL is accountable and license number(s), if applicable.

(1) A detailed description of its loan or lease/service agreement program(s) to finance Eligible Improvements, including, but not limited to, anticipated loan product details, such as collateral required (if any), maximum and minimum loan amounts, interest rates (fixed or variable and for each term and credit tier), loan terms, fees and eligibility for renters and manufactured homes.

(2) A description of underwriting criteria, including any minimum credit score requirements, maximum total debt-to-income ratio, bankruptcy limitations and other disqualifying criteria.

(3) Sample transaction documentation.

(4) An indication of what may be financed through the Program.

(5) A comparison between the proposed product and the EFI's or EFL's typical product offerings indicating how the Loss Reserve Contribution will be utilized to provide benefits to Borrower in one or more of the following ways:

(6) A description of product marketing, loan origination and operational processes, including how the PFI or PFL will ensure compliance with Program rules, obtain and provide required data and certifications and submit loans for enrollment.

(7) An indication of which Borrower's certifications, pursuant to Section 10091.9(e) are not pertinent and may be forgone based on the proposed program.

(8) The EFI's or EFL's intent as to what it will do with the Eligible Loans, if known (e.g., hold, sell, transfer, participate), and the identity of a purchaser, if applicable.

(1) The EFI or EFL is not subject to a cease and desist order or other regulatory sanction from the appropriate federal or state regulatory body that would impair the EFI's or EFL's ability to participate in the Program.

(2) All forthcoming loan enrollment applications submitted by the PFI or PFL to the Authority meet all of the following:

(3) The application to participate in the Program will be signed by a person authorized to legally bind the applicant, and will include the signatory's printed name, title and date.

(1) The PFI or PFL agrees that these regulations constitute a lender services agreement.

(2) The PFI or PFL agrees to follow the Program rules as set forth in this Article.

(3) The Authority is permitted to audit the PFI or PFL of any of its records relating to Enrolled Loans during normal business hours either remotely or on its premises, to be determined by the Authority, and to supply other information concerning Enrolled Loans as shall be requested by the Authority.

(4) The Authority and the State of California will have no liability to the PFI or PFL under the Program except from funds deposited in the Loss Reserve Account(s) for the PFI or PFL.

(5) To include the required information and certifications as described in Section 10091.9.

(6) The PFI or PFL is solely responsible for identifying and making any and all disclosures and providing periodic reports to its Borrowers as required under applicable laws.

(7) The PFI or PFL, to comply with all applicable laws, possesses and maintains all required state and federal licenses, and remains in good standing with all governmental authorities having jurisdiction over its business.

(8) IOUs are not responsible for, and shall have no liability for, the following:

(1) Resulting from the negligent or unlawful acts or omissions, or willful or tortious conduct of the PFI or PFL including any failure of the PFI or PFL, or its agents, to comply with applicable laws in connection with Enrolled Loans.

(2) Resulting from any error or omission by the PFI or PFL or any of its agents in the calculation or presentation of principal repayments or interest with respect to an Enrolled Loan agreement, fees and charges, the receipt and processing of payments received from Borrowers or any collection or enforcement action.

(3) Alleging any breach of a representation, warranty or covenant by that PFI or PFL.

(4) Alleging any misrepresentation by the PFI or PFL or its agents with respect to the energy impacts to be achieved in connection with an Enrolled Loan, or any failure or deficiency in the products, materials or work supplied to a Borrower in connection with an Enrolled Loan.

(5) Arising from the PFI's or PFL's breach or alleged breach of the regulations and/or its confidentiality or privacy obligations under these regulations or with respect to the Program.

(1) If the resulting value is a ratio of twenty-five percent (25%) or higher for three (3) or more consecutive months, the PFI or PFL must submit written amendments to the approved loan program to the Authority. The proposed loan program amendments must be designed to reduce the rate of loan charge-offs and delinquencies for the approved loan program.

(2) The Authority shall review the proposed loan program amendments within ten (10) business days of receipt.

(3) If the PFI or PFL fails to submit proposed amendments, or the Authority determines that the proposed amendments will not reduce the rate of loan charge-offs and delinquencies, the Authority will suspend approval of the PFI's or PFL's approved loan program and decline to enroll Eligible Loans where the date interest rate was finalized, as specified in Section 10091.9(c)(38), is five (5) business days after the date that the PFI or PFL was notified in writing of their suspension. The PFI or PFL may continue to propose amendments pursuant to Section 10091.2(j)(1) and (2).

(4) If the Authority approves the proposed amendments, the PFI's or PFL's Program participation shall resume upon the PFI's or PFL's demonstration to the Authority of the complete implementation of the approved amendments.