LEXIS NEXIS CLAIMS SOLUTIONS INC.

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5.2. Fees due to Agency. All Reports requested by Agency Requestors shall be provided free of charge. Provider will collect a fee as set forth in stn applicable Order e Ageaoy Fee(s)") on behalf of Agency for Report requests by an Authorized Requeator. Provider will remit any Agency Fees to Agency using the process as bereiu defined. For clarity, if a fee is not charged to an. Authorized Requestor for the Report, no Agency Fee shall be collected or paid to Agency. In connection with this Section, on a monthly basis, Provider will electronically transfer to Agency's designated aocounq the total amount of applicable Agency Fees collected byPruvider during the previous month. Provider will provide a monthly report to Agency identi6*gthe number of Reports provided on its behalf. 5.3. Fees retained by Provider. Where permitted by law, Provider will charge a convenience fee for each Report provided to an Authorized Requeator ("Convenience Fee") which sball be retained by Provider, The Convenience Fee shall be established by Provider at its discretion, but in no event shall exceed the amount a provider may legally charge an Authorized Requestor. 6. TERMS AND TERMINATION. 6.1. Term. This Agreement shall commence upon the Effective Date and shall continue until terminated in. accordance with this Agreement or the attached Order to this Agreement. Each Order shall act forth the specified term for the particular Service. 6.2. Termination. 6.2.1. Either Party may terminate this Agreement or my Order for cause if the other Party breaches a material obligation under the terms of this Agreement and fails to clue such breach within thirty (30) days of receiving written notice thereof from the non -breaching Party, provided, however, that if such material breach is of a nature that it cannot be cured, immediate termination shall be allowed. Failure to pay by either Party shall be considered a material default, 6.2.2. Either Party may elect to terminate this Agreement or any Order by providing written notice to the other of such intent, at least ninety (90) days prior to the end of the applicable Order tern. 6.2.3. Provider may, upon six (6) months written notice to Agency, terminate any Service that will no longer be supported or offered by Provider. Provider will make reasonable efforts to transition Agency to a similar Service, if available. Further, Provider may at any time cease to provide Agency access to any portions of features of the Services thereof which Provider is no longer legally or contractually permitted to provide. 6.3. Effect of Termination. Upon termination of this Agreement, each Party shall he liable for paymanl to the other Party of all amounts due and payable for Services provided through the effective date of such termination. Upon receipt of Agency's written request after termination, Provider shall provide Agency with access to Reports provided by Agency under this Agreement and/or data provided through provision of the Services by Agency under an applicable Order so Agency may download and/or copy such information. Provider shall not be obligated to delete from its databases (or from other storage media) and/or return to Agency, Reports already provided to Provider by Agency, and shalt be permitted to continue to maintain and distribute the Reports already in its possession to Authorized Requesters in compliance with applicable laws and regulations, 7. RELEVANT LAWS. Each Party sball comply with all applicable federal, state, and local laws and regulations related to its performance bereunder, including: 7.1. Driver's Privacy Protection Ac. Agency acknowledges that certain Services provided under this Agreement may include the provision of certain personal information from a motor vehicle record obtained by Provider from state Departments of Motor Vehicles as those terms are defined by the Federal Driver's Privacy Protection Act, 18 U.S.C. ¢ 2721 at aeq., ("DPPA") and its state analogues ("DMV Data"), and that Agency is required to comply with the DPPA or its state analogues, as applicable. Agency agrees that it may be required to certify its permissible use of DPPA or DMV Data at the time it requests information in connection with certain Services and will recertify upon request by Provider. 7.2. Fair Crgdit Re ortine Agl. The Services provided pursuant to this Agreement are not provided by "consumer reporting agencies" as that term is defined in the Fair Credit Reporting Act (15 U,S.C. § 1681, et seq.) ("FCRA') and do not constitute "consumer reports" as that term is defined in the FCRA. Agency certifies that it will, not use any of the information it receives through the Services in whole or in part as a factor in determining eligibility for credit, insurance, or employment or for any other eligibility purpose that would qualify the information in as a consumer report. 7.3. Protected Health Information. Unless otherwise contemplated by an applicable Business Associate Agreement executed by the Parties, Agency will not provide Provider with any Protected Health Information (as that term is dodried in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S.C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the Parties.