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HomeMy WebLinkAboutResolution - 2008-R0155 - Agreement - Lexisnexis - Online Services For Legal Research - 04_24_2008Resolution No. 2008—R0155' April 24, 2008 Item No. 5.25 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement by and between the City of Lubbock and LexisNexls for online services for legal research, and related documents. Said agreement is attached hereto and incorporated in this resolution as if fully set Forth herein and shall be included in the minutes of the City Council. Passed by the City C01-11161 this 24th day of April, 2008. DAVID A. ALLER, MAYOR ATTEST: RebeccA Garza, City Secretary APP7VED AS T, CONTENT AND FORM: Anita Burgess, City Attorne� cals,�s ] cxis\'csi�.rcti'11115-2111{I Resolution No. 2008-RO155 -- 8 SLGovt LexisNexis, RENEW YOUR LEXISNEXIS SUBSCRIPTION NOW BY SIGNING THIS LETTER AGREEMENT Thank you for using LexisNexis as your provider of dynamic, up-to-date news, legal and business information. We are dedicated to giving you the cutting edge you need to thrive in today's business environment. Currently you are using the LexisNexis services pursuant to a Subscription Plan Amendment (the "Amendment") that allows you to use selected information relevant to your needs in exchange for a fixed monthly commitment. The fixed- rate Amendment offers you significant savings over transactional or "pay-as-you-go" pricing. However, your Amendment will expire soon. By signing below, you may extend the term for the following period at the new monthly commitment rate indicated below: Customer Name: I Lubbock City Attorney I Account Number: 1 131P7B Extension Period Monthly Commitment Beginning 04/01/2008 to 3/31/2009 $ 1,688 Beginning 04/01/2009 to 3/31/2010 $ 1,688 Beginning to $ Current Number of Attorneys/Judges*: Current Number of Other Government Professionals*:_ *Information required (if applicable) to complete this transaction. These changes will be effective on 04/01/2008. Except as expressly stated above, all other terms of the Amendment will remain unchanged and unaffected by this letter amendment. If you have any questions about your new rate or would like to see a comparison of other pricing options, please contact me, your account representative, at: Yvette V. Cleveland, Esq. Account Manager - State & Local Government 214-941-7055 800 238-5853 ext. 7393 214-220-7300 yvette.cleveland@lexisnexis.com If you agree with the new monthly commitment and extended term, then please print this message, provide the information requested for the total number of attorneys and judges in your office along with the total of other government professionals then sign and date. Upon completion, return the signed letter amendment to me at the fax number listed above. In order for these changes to be effective on the date listed above, please sign and return this letter amendment no later than the 20th of March. If you do not respond to this letter, please be advised that the Amendment will expire at the end of the current commitment period and you will be charged standard, transactional rates for use of the LexisNexis Services. Customer Name: Lubbock City Attorney Authorized Signature: d& Aw,� V Print Name: Lee Ann Dumbaul d Title: City Manager Date: April 24, 2008 ACT:\5LGovt-Ltr-ContractRenewaI-Dec2006 0 Lexis,Nexisii, oSLG SUBSCRIPTION PLAN AMENDMENT FOR STATE/LOCAL GOVERNMENT "Subscriber": "LN": LexisNexis, a division of Reed Eisevier Inc. In this Amendment (the "Amendment") Subscriber and LN agree to amend the Subscription Agreement (the "Agreemen") previously or simultaneously executed between LN and Subscriber by adding to the Agreement the terms and conditions set forth below. 1. TERM The term of this Amendment (the "Amendment") will begin (a) on the date Subscriber's billing account (a "Billgroup") is activated ("Activation") if Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the execution of this Amendment and delivery of it to LN if Subscriber is an existing LN customer, and will continue until the last day of the final Commitment Period referenced in Section 5.1 (the "Term"). 2. AUTHORIZED USERS This Amendment relates only to the Subscriber's Billgroups and locations (the "Participating Billgru ips") set forth below and the Authorized Users under the Participating Billgroups. "Authorized User" means an individual to whom Subscriber assigns an LN identification number under a Participating Billgroup ("LN ID"). Only Subscriber's employees, temporary employees, and contractors are eligible to be Authorized Users. Subscriber agrees that each LN ID may only be used by the Authorized User to whom it is assigned and may not be shared with or used by any other person, including other Authorized Users. Subscriber will manage its roster of Authorized Users and will promptly notify LN to deactivate an Authorized User's LN ID if the Authorized User no longer works for Subscriber or Subscriber otherwise wishes to terminate the Authorized User's access to the Online Services. Subscriber is responsible for all use of the Online Services accessed with LN IDs, including associated charges, and for use of the Online Services by temporary employees and contractors to the same extent as if they were Subscriber's employees. Subscriber will implement policies and procedures to prevent unauthorized use of LN IDs a.,d will immediately notify LN, in writing, if it suspects that an LN ID is lost, stolen, compromised, or misused. PARTICIJJAPAG BILLGROUP # LOCATION CITY AND STATE bocc 3. CERTIFICATION t"-CmAr 1 1111' Subscriber certifies that on the date this ;Ant is signed by Subscriber there are dges and attorneys, andgovernment professionals for a total ofusrs(the "Reference Number") in Subscriber's or(-,nization. Throughout the Term, Subscriber will immediately notifyn writing of any change in the Reference Number if the total number of judges and attorneys falls below 11. Upon the request of LN, Subscriber will recertify to the Reference Number, 4. MONTHLY SUBSCRIPTION CHARGE During the Term, the Monthly Subscription Charge in Section 3 of the then -current applicable price schedule (the "Price Schedule") will be waived. 5. PREFERRED PRICING MATERIALS AND CHARGES 5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly Commitment"), the Participating Billgroups will be provided access to and use of certain Materials, products, services a .d features, identified below by source/menu number (the "Preferred Pricing Materials"), available in the lexis.comsm service or the LN Online Services accessed via proprietary software (the "Classic Online Services"). If Subscriber is an existing LN customer and this is a revision to Subscriber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for the month in which the change becomes effective if the change occurs other than on the first day of the month. At no additional charge, the Participating Billgroups may do offline printing, online printing and saving to disk of Preferred Pricing Materials. If your subscription includes Research Advantage, then your access to and use of Research Advantage shall be subject to and governed by the additional terms and conditions set forth in the software media at the time of its installation. Subscription Plan Amendment for S1L Government m 2006, LexisNexis, a division of Reed Elsevier Inc. I i SLGovt-SubscriptionPlanAmd-Sept2GO8 ^� All rights reserved. r LexisNexis® SUBSCRIPTION AGREEMENT AND ORDER FORM STATE/LOCAL GOVERNMENT PER SEARCH PRICING EFFECTIVE MAY 1 2006 You may subscribe to the Online Services by agreeing to abide by the General Terms and Conditions and the Price Schedule attached hereto and incorporated herein, as Exhibits A and B, respectively. The General Terms and Conditions and the Additional Terms represent the entire agreement for access to and use of the Online Services. The General Terms and Conditions are also set forth in the online TERMS library. In the event of a conflict or variation between the General Terms and Conditions attached hereto and those appearing in the TERMS library, the latter shall control. Your subscription is subject to acceptance by LexisNexis, which acceptance shall be evidenced by issuing one or more identification numbers to access the Online Services. CUSTOMER INFORMATION (Please type or Inty t. Organization Name: �,� �j1j �r<' F 2. Address: x-� 3. County: ©C 5. Telephone Number: fi?O6 - 775-���� 7. Email Address: o^1 /, 1 rdfl 0 All/ 1i.I ;Zm LL VC i C I k4v r- ' `' j �� SUBSCRIBER BY: {f 1W /l.C�[� ,t A A_— Y [f/J {AUTHORIZED SUBSCRIBER SIGNATURE} NAME: � EF_ /�//�/ • i M 01-4 lf�!, TITLE: C/ X ' (f �NR(-, dZ DATE: / a Z :? r6 ,g SLG r 1 4. Country:IT ?7 6. Telecopier Number: j�p 6 — -7 7 _ 6. Invoice Address (if different than 2) 9. Name of Contact Telephone Number and E-mail Address for the following: Installatiow ZLecalbo/ _ ac-K Billing: F2[ Q IP aC Policy/Legal Notification: cc < SchedulingrFraining: CCfi e C Customer I.D. Information (Please type or print) ID Holders' Names ID Holders' Titles/Positions ID No. (LN to fill in) additional sheet attached❑ e f J A i4f In V I)e jk 111d 65 A 1,P) I / //0 0J 'A StaWI-ocal Government Per Search Subscription preement • May2006 Pape i or 6 1 ` 4- &4­ EXHIBIT A TO LexisNexis® SUBSCRIPTION AGREEMENT General Terms and Conditions State/Local Government Per Search Pricing May 1, 2006 Q SLc The following terms and conditions govem your use of the LexisNexis' services (the "Online Services") and the materials available therein ("Materials"): I. LICENSE; RESTRICTIONS ON USE 1.1 You are granted a nonexclusive, nontransferable, limited license to access and use for research purposes the Online Services and Materials from time to time made available to you. This license includes: (a) The right to electronically display Materials retrieved from the Online Services to no more than one person at a time, subject to the Supplemental Terms for Specific Materials; (b) The right to obtain a printout of Materials via printing commands of the Online Services and to create a single printout of Materials downloaded via downloading commands of the Online Services (collectively, "Authorized Printouts"); (c) With respect to Materials that are court cases, court rules, court briefs, agency -issued documents, agency regulations or executive branch materials from the United States, its states or territories (collectively, "Authorized Legal Materials"), the right to retrieve via downloading commands of the Online Services and store in machine- readable form, primarily for one person's exclusive use, a single copy of insubstantial portions of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials; (d) With respect to Materials that are United States patents ("Authorized Patent Materials"), the right to retrieve via downloading commands of the Online Services and store in machine-readable form, primarily for one person's exclusive use, a single copy of not more than 200 patents at any one time; and (e) With respect to all Materials other than Authorized Legal Materials and Authorized Patent Materials, the right to retrieve via downloading commands of the Online Services and store in machine-readable form for no more than 90 days, primarily for one person's exclusive use, a single copy of insubstantial portions of those Materials included in any individual file to the extent the storage of those Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials. 1.2 To the extent permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms for Specific Materials, you may make copies of Authorized Printouts and distribute Authorized Printouts and copies. 1.3 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. You may not print or download Materials without using the printing or downloading commands of the Online Services. 1.4 All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the provider of the Online Services or its third party suppliers of materials. You acquire no proprietary interest in the Online Services, Materials, or copies thereof. 1.5 Except as specifically provided herein, you may not use the Online Services or Materials retrieved from the Online Services in any fashion that infringes the copyrights or proprietary interests therein. 1.6 You may not remove or obscure the copyright notice or other notices contained in Materials retrieved from the Online Services. 1.7 You may not use information included in the Online Services or Materials retrieved from the Online Services to determine a consumer's eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. 1.8 Other provisions that govern your use of Materials are set forth in your applicable price schedule, t. to Supplemental Terms for Specific Materials, online descriptions of files, online notices following file selection, and individual documents retrieved from the Online Services (collectively, the "Additional Terms"), all of which are incorporated by reference into these General Terms and Conditions. 2. ACCESS TO SERVICES 2A Only individuals authorized by the subscribing organization may access and us.: the Online Services. 2.2 You may not use an identification number to access the Online Services from outside the country for which it was issued. 2.3 Your identification number(s) may be restricted from accessing certain Materials otherwise available in the Online Services. 2.4 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice. State/Locai Govemment Per Search Subscription Agreement • Ma 2006 Page 2 of 6 3. LIMITED WARRANTY 3.1 The provider of the Online Services represents and warrants that it has the right and authority to make the Online Services and Materials available pursuant to these General Terms and Conditions. 3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1, THE ONLINE SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, 4. LIMITATION OF LIABILITY 4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party. 4.2 "Covered Party" means (a) the provider of the Online Services, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of the Online Services or its affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates. 4.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RiGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE iN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY, 4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WiTH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY, 5. MISCELLANEOUS 5.1 These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by the provider of the Online Services immediately upon notice. Your subscription for access to the Online Services may be terminated immediately upon notice to the provider of the Online Services if any change is unacceptable. Continued use of the Online Services following any change constitutes acceptance of the change. 5.2 The provider of the Online Services or the subscribing organization may terminate the subscription for access to the Online Services. The effective date of termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The provider of the Online Services may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. 5.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to the provider of the Online Services should be sent to your account representative. 5.4 The failure of the provider of the Online Services or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. 5.5 The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Online Services without the prior written consent of the provider of the Online Services. 5.6 These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the State of Ohio. 53 Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary. --- —END OF EXHIBIT A------- --------__ SlalelLoc A Govemment Per Search Subscription Agreement - Ma 2006 Page 3 of 6 EXHIBIT B TO LexisNexis® SUBSCRIPTION AGREEMENT Price Schedule State/Local Government Per Search Pricing May 1, 2006 SLG These charges are effective as of May 1, 2006, and shall continue thereafter until the subscribing organization or individual ("Subscriber'') is notified otherwise. For more information about the pricing components, consult the Price Definitions and Price List available via the Classic Online Services using LexisNexis communications software under the administrative identification number 20139ZWS, at no cost to Subscriber for accessing or printing. 1. INFORMATION CHARGES 1.1 SEARCHES. Charges currently range from $0 to $35.00 per search. Consult the Price List available in the Online Services for detailed search charges. 1.2 DISCOUNTS, The discounts set forth below shall be applied to Subscriber's Information Charges for each monthly invoice period. The discount shall be computed monthly and shall be based on the average amount of Information Charges incurred by Subscriber in the three month period beginning four months before the month Subscriber receives the discount. Discounts shall not apply to: (1) Historical Stock Quotes, (ii) Investext, (iii) MarkMonitor, (iv) Marklntel, and (v) Multex. Monthly Average inforrnation Charges Flat Discount From $0 up to $15,000 0% Over $15,000 up to $30,000 2% Over $30,000 up to $60,000 4% Over $60.000 up to $90,000 8% Over $90,000 12% 1.3 ACCESS. Charges currently range from $0 to $50, Consult the Price List available in the Online Services for detailed access charges. 1.4 LEXISNExis& ALERT. Charges for LexisNexis Alert searches are based on the frequency in which they are executed. Reoorts are printed at aoolicable print rates Frequency Each Report Intra-Day $8 Intra-Day 2x $16 antra -Day 3x S24 Daily $14 Business Day (M-F) $18 Weekly $21 Monthly $27 1.5 RESEARCH TOOLS. EACH CASEICITATIONIREPORT Shepard's� Table of Authorities Report $f.001report' Auto -Cites service $6.001ci e" Shepard'sO Citation Service $6.00/cite/SHEPARD'S' 'includes printing and downloading charges epard Alert Setup Updates Demand UPD $0.00 $0.00 Business Day $0,00 $0.00 Weekly $0.00 $0.00 Bi-Weekly $0.00 $0,00 Monthly $0.00 $0.00 SHEPARD'SO BRIEF SUITE'" DESKTOP $ EACH LINK/ RETRIEVLJ BRIEFCHECK,COM REPORT Shepard's® BriefCheckT" Convenience $2.0011ink' Shepard's® BriefCheckT" Unique Document Retrieval $2.001retrieval' Shepard'sO UnkT" Convenience $2.0011ink' Sheperd's'® FullAulhorityS Report $20.00/report' Sheoard'slD StvieCheckT" Reoort %?o nnlrPnort' 'Includes printing and downloading charges. through LexlsNexlsT" at www.lexis.com via embedded link (excluding Document Links) $6.001tink via Get a Document by citation $6.00/114 through LexlsNexls Research Software via LEXSEE® service $6.0011ink via LEXSTATO service $6.001hnk TOC Document Linking $4,00/link Enhanced Table of Content (TOC) $4.00/per search Briefs, Pleadings and Motions $35.001tink 1.6 HISTORIC STOCK QUOTES. through LexisNexis Research Software Historic Price Quotes $0 15" Historic Dividend Quotes $0.25' 'includes printing and downloading charges. through LexisNexis at www.lexis.com Historical Quotes $0.30 per day per quote Results will be formatted for viewing in a tabular format and can be formatted for printing and printed to the user's local printer at no additional charge. To download the results to CSV (spreadsheet/Excel format) the charge will be $2.00. To receive a chart, the charge will be an additional $1.00. For each additional company that is added to the chart for comparison the cost will be $1.00. 1.7 PRINTING AND SAVING TO DISK. Charges for printing and saving to disk are included in the Per -Search rate. State/Local Government Per Search Subscription Agreement - Ma 2006 Page 4 of 6 1.8 IMAGES. Charges for images will be as follows per image retrieved, includina Drint: EACH IMAGE Anatomical Transparencies $0.00 Trademark design images $0.00 Patent exemplary drawing images $0.00 Mealey $0.00 Elsevier Environmental $3.00 IHI patent images - US domestic $5.00 IHI patent images - Intemational $6.00 Elsevier Business $6.00 Forms $7.50 Investext $10.00 ISO Policy Forms $25.00 Miller's $25.00 1.9 DUNS BRADSTREET REPORTS. Charges for Business Information Reports will range from $84.00 to $599.00 depending on the user's location (e.g. USA, Canada, etc.). Charges for other Dun & Bradstreet Reports will range from $72.00 to $130.00 depending on the specific report requested. Consult the Price List available in the Online Services for detailed report charges. 1.10 ANALYZER. $0 per search and $200 per report. 1.11 SMARTLINX. $99 per search $0 for a Public Record (PUBREC) report $0 for a Click Search 1.12 DELAWARE SECRETARY OF STATE. $35 per report. 1.13 COMPANY DOSSIER. Charges range from $5 up to $50 per report and from $0 up to $50 per document link. 1.14 RISK SOLUTIONS. Charges for Telephone Look -Up will be $0.75 per search, Reverse Telephone Look -Up will be $0.75 per search, Name and Address Verification will be $3.00 per search, and InstantlD® will be $3.00 per search. Get A Report charge will be $99.00 per search. Charges for Report Component will range from $0 to $6.00 per report. Charges for Web Documents will range from $10.00 to $20.00 per document. Consult the Price List available in the Online Services for detailed report charges. Offline Civil and Criminal Court Records ("OCCCR") fees depend on the jurisdiction. OCCCR fees may consist of some or ail or the to Search Type fee $16.00 - 175.00 per search Court Access fee $1.00 to $40.00 per search Excess Case fee (1 to 5 cases) $0.00 Excess Case fee (6 or more cases) $1.00 per case Previous 10-Year Date Range fee $6.00 per search 1.15 EDGAR ONLINE. $15 for Excel Reports and $22 for Non -Excel Reports. 1.16 INVESTEXT DOCUMENTS. Two Most Recent Reports will be $9.00 per page, and Archive Reports will be $45.00 per report. 1.17 MARKMONITOR®. The following sources from the gateway searches will be $35.00 per search: DomainSmart, eBannermonitor, eBoardmonitor, eDomainmonitor, eLinkmonitor, eNetmonitor, eSitemontior, TMIQ, Inbox and ReverseWhois. 2. HANDLING CHARGE. $15 for documents printed at the LexisNexis computer center. 3. MONTHLY SUBSCRIPTION CHARGE. $75 per building with equipment used to access the Online Services (up to a maximum of $150 per Agency). 4. INSTRUCTION. Training is provided at no charge and covers (a) the basic instruction of all individuals selected by Subscriber to receive instruction in the use of the Online Services and (b) standard instructional and reference materials on the use of the Online Services. Everyone who completes training shall receive one hour of free use to perfect their skills. This free hour is non- transferable and must be used within 14 calendar days of the date on which basic instruction is completed, at a single session or on an aggregated basis. Credit for free use shall automatically be reflected on Subscriber's monthly invoice and shall be applied against Subscriber's total charges in a given month. 5. EQUIPMENT AND SOFTWARE CHARGES. 5.1 Subscriber may use its own equipment, or equipment may be available from the provider of the Online Services ("Access Equipment'). 5.2 The Access Equipment shall be maintained by the provider of the Online Services at its then current standard charges. Contact your account representative for current charges. Subscriber may terminate rental of any Access Equipment upon 10 days written notice. Access Equipment must be returned to the provider of the Online Services in the same condition in which it was received, reasonable wear and tear excepted. 5.3 Subscriber shall not permit any of its agents or employees to attempt to move, modify, repair, or tamper with any Access Equipment in any way, except that Subscriber may install Access Equipment designated by the provider of the Online Services as installable by Subscriber. If Subscriber installs Access Equipment, Subscriber shall do so in accordance with the applicable instructions. Subscriber assumes all responsibility for any personal injury or property damage, including damage to Access Equipment, that occurs as a result of Subscriber's installation of the Access Equipment. 5.4 Subscriber shall pay then current standard charges for any software licensed by the provider of the Online Services. Additional terms and conditions applicable to State/Local Government Per Search Sutscri tion Agreement - Ma 2006 Page 5-c-f671 the software are packaged with the software and Subscriber agrees to promptly return the software it Subscriber is not in agreement with these terms and conditions. By using the software, Subscriber agrees to be bound by the terms and conditions packaged with that software. 6. TAXES. The charges detailed in this Price Schedule are exclusive of any state or local sales, use, or similar taxes. If any such taxes are applicable, they shall be charged to Subscriber's account. If Subscriber is exempt from any such taxes, the tax will not be charged to Subscriber upon receipt of a certificate of exemption. 7. PAYMENT TERMS. All charges incurred by Subscriber are payable within 30 days after receipt of an invoice. Subscriber shall pay all charges in accordance with any applicable "Prompt Payment Act" or similar legislation. 8. CHANGES TO CHARGES AND DISCOUNTS. Charges and discounts may be changed only upon 30 days prior notice, which notice shall be with your invoice or otherwise provided in writing. 9. COLLECTION COST. Subscriber shall be liable for all costs of collection incurred by the provider of the Online Services, including without limitations, collection agency fees, reasonable attorney's fees, and court costs, if Subscriber fails to comply with the payment obligations set forth herein. 10. MISCELLANEOUS. 10.1 In the event Subscriber issues a purchase order or other document relating to the Online Services, Subscriber agrees that the document shall be for Subscriber's internal purposes only and shall in no way modify or affect any of the terms or conditions for access to the Online Services. 10.2 All access to and use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities. END OF EXHIBIT SWWLocal Government Per Search Subscription Agreement - Ma 2006 Page fi of 6 PREFERRED PRICING MATERtALS SOURCEIMENU NUMBER SHEPARDS (a) ul�C ��t .! S�TjvLi? (b) /� i 11 vl in l 0 (e) c7-2-7-2-3-9 L_JSee attaw lau Rider No, 1 for'additiorfal Preferred Pricing Materials COMMITMENT PERtd S MONTHLY COMMITMENT Beginning to /- R -07 $ AJ I C Beginning 2—Z-07 to I —3Z -f) Je$ Beginning to $ Beginning to $ Beginning to $ 5.2 During the Term, the Monthly Commitment will be billed in lieu of the Information Charges specified in Section 1 of the Price Schedule for all access to and use of the Preferred Pricing Materials, except as otherwise provided in Section 5.3 and Section 6 (if elected) below. 5.3 The following Materials accessible from, but not included as part of the Preferred Pricing Materials, will be subject `i monthly billing at the then -current standard undiscounted rates in accordance with the Price Schedule.- (a) selected Images (those that include a charge in the Price Schedule); (b) Dun & Bradstreet Reports; and (c) Risk Solutions. 6. ADDITIONAL CHARGES The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred Pricing Materials ("Alternate Pricing Materials"). if Subscriber so elects by initialing below, or by notifying LN at a later date, Subscriber will have access through the Alternate Pricing Materials at then -current undiscounted rates in accordance with the Price Schedule in addition to the Monthly Commitment. Subscriber elects access to the Alternate Pricing Materials 7. CLOSED OFFER The offer of LN contained herein is valid until . in order to implement this Amendment by the first day of a calendar month, LN must receive this signed Amendment by the 20th day of the preceding month. 8. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information statutes, this Amendment contains confidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 8 will survive the termination or expiration of this Amendment. 9. MISCELLANEOUS 9.1 During the Term, use by and charges to the Participati g Billgroups will not be eligible for other discounts or aggregation with the use of or charges far other b�the 4��7 n 9.2 During the Ter er mterminate the reement. This Amendment may be terminated by Subscriber after the mmitment Period ost day of any calendar month upon at least 30 days prior written notice to LN. This Amendment may also be terminated by Subscriber on 10 days prior written notice to LN in the event of any increase in the Monthly Commitment, excluding any increases listed in Section 5.1. To be effective, notice of termination pursuant to the preceding sentence must be given within 90 days of the increase. 9.3 All access to and use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities. 9.4 UPON TERMINATION OR EXPIRATION OF THiS AMENDMENT, CONTINUED USE OF THE ONLINE SERVICES BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED iN ACCORDANCE WiTH THE PRiCE SCHEDULE. 9.5 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. Subscription Plan Amendment for SiL Government 0 2006, LexisNexis, a division of Reed Elsevier Inc. SLGovt-SubscrfptionPianAmd-Sept2006 All rights reserved. ;0 9.6 Except as expressly modified by this Amendment, all other terms and conditions of the Agreement will remain in full force and effect and unaffected by this Amendment. In the event of a conflict or inconsistencies between the Agreement and this Amendment, this Amendment will control. Except as set forth herein, this Amendment may not be modified or otherwise changed unless mutually agreed to by both parties in writing. AG TO AND CCEPTED BY: [� CC LexisNexis, a division of Reed Elsevier Inc. SUBSCRIBER BY: BY: NAME: Zg,E "NiY 7 NAME: TITLE: Cla 1 kw"'{�c=� TITLE: DATE: / %/3 �� DATE: THIS AMENDMENT DOES NOT BIND EITHER PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. SUBSCRIBER MAY ACCEPT THIS AMENDMENT BY SIGNING ABOVE, LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AMENDMENT OR BY SIGNING ABOVE. Subscription Plan Amendment for SIL Government 0 2006, LexisNexis, a division of Reed Elsevier Inc- SLGovt-SubscriptionPlangmd-Sept200B All rights reserved. 12/20/2006 15:52 2147586060 LEXIS y u0., inc.; 1-806-794-6660; Dec-19.00 3:06RM; I PAGE 05/14 Page 11113 ; 8.6 6tOW eIs ex�r FF mimed by this Anvil , IN and corxiltlort. of lfie Agreem efCeCt and nn>d� by INS Amendment If# event cor,i'Hc t ar Inconsistencies bet4m Armed this -Am nt. wHl mnW. > as set herein, this Amendment may not c wggd W*ft rmciW* agreed to by both partfelt, Writing- TOAND •HV: ;�;. •„ { wl-, Landslwla>[W, a db *;" of : - �.� NAME: S,ristian E. Woo •>rnx: Trmp- Pricing Analy; DATE: DATe, _ _ Tm AMPAMA rR 48 ROT um Ef i" ! -um llN1TIL IT WM Wrx 9Y 9GTM PARTIES, $URSCRMER MAY AWI SK O MG ASM. IN WAY ACCEPT This Al cmmOOk BY ACCOROM To Tm AWNDmeff on sr s `.f ls. fi �i V. •N Ft 8.WQI 1 AM&O"W:Or VCC70ArTIh1�A :.,C. = 'r:1 BtQCA;49�b�Clotlonl�YSUN1laSeM20d! LM #MRy i { I