Section 12.2.4 Refusal to Issue Lockbox Services and Other Actions

A. In order to maintain the security and integrity of the Lockbox System, CVR MLS may, at its discretion:

  1. refuse to execute an Authorized User Agreement with any person
  2. terminate or suspend the Authorized User’s use of the Lockbox System
  3. refuse to provide Lockboxes to an Authorized User
  4. subject the Authorized User such fines and other penalties as determined by applicable bylaws, Rules & Regulations and policies of CVR MLS, as a result of any one or more of the following events:

i. Termination of Authorized User’s affiliation with an eligible Participant
ii. Failure of Authorized User to pay all fees set forth in this document or other fees assessed against Authorized User pursuant to the CVR MLS Rules & Regulations, and policies
iii. Failure of Authorized User to comply with any of the terms and conditions set forth in the Authorized User Agreement and all Rules herein, including but not limited to, the provisions for security in Section 2.5, 12.2.6 and the CVR MLS Bylaws, Rules & Regulations and other applicable policies; or
iv. If Authorized User or DR is convicted of any felony or a misdemeanor relating to the real estate business or poses a potential risk to clients, customers, or other real estate professionals

B. CVR MLS may summarily suspend an Authorized User’s use of the Lockbox System if Authorized User or DR is arrested for any felony or a misdemeanor relating to the real estate business or poses a potential risk to clients, customers, or other real estate professionals. In the exercising of this right, CVR MLS shall afford such due process as it deems in its discretion, fair and feasible in light of the circumstances. CVR MLS shall seek to minimize any period of suspension prior to an opportunity for a hearing on the issue of whether the Authorized User engaged in the conduct for which Authorized User was arrested and whether such conduct relates to the real estate business or poses a potential risk to clients, customers or other real estate professionals.

C. CVR MLS may consider the following factors, along with any other relevant information, in determining any action taken with respect to items A. and B. above:

  1. the nature and seriousness of the crime
  2. the relationship of the crime to the purposes for limiting Lockbox access the extent to which access (or continued access) to Lockboxes might afford opportunities to engage in criminal activity
  3. the extent and nature of any prior convictions
  4. the time since criminal activity was engaged in
  5. evidence of rehabilitation while incarcerated or following release; and
  6. Evidence of present fitness to hold Lockbox Services.
ARTICLE 12: SENTRILOCK® LOCKBOX SERVICES AUTHORIZED USER RULES

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