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Home My WebLink AboutLEXIS NEXIS 3A -2008 . .JAN-15-2008 16:43 INSURMItT I\<,T REQUIREU ,.IAY PROCEED CL.ERKIOUNCIL [)ATf::J-:t-Of · lexisNexis. 0'. ,--.40 (2-) lrd)\\f,,- G nCr\ "Subscriber": Santa Ana City Attorney LEXISNEXIS 9378658851 P.02/04 N-2008-018 QSLG SUBSCRIPTION PLAN AMENDMENT FOR STATE/lOCAL GOVERNMENT "LN": LexisNexis, a division of Reed Elsevier Inc. In this Amendment (the "Amendmenr) Subscriber and LN agree to amend the Subscription Agreement (the "Agreemenf') 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 Commrtment Period referenced in Section 5.1 (the 'Term"). 2. AUTHOR~EDUSER8 This Amendment relates only to the Subscriber's BiIIgroups and locations (the .Participatlng BlIlgroups") set forth below and the Authorized Users under the Participating Billgroups. "Autholized User" means an individual to whom Subscriber assigns an LN identification number under a Participating BiIIgroup ("IN 10"). Only Subscriber's employees, temporary employees. and contractors are eligible to be Authorized Uselli. Subscriber agrees that each LN 10 may only be used by the Authorized User to whom it is assigned and may net 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 10 if the Authorized User no longer works for Subsc:riber or Subscriber otherwise wi5h~ to terminate the Authorized User's access to the Online Servioos_ Subscriber is responsible for all use of the Online Sel'\lices accessed with LN IDs, including associated charges, and for use of the DnHne Sel'\llces by temporary employees and contractors to the same exlent as if they were SUbscriber's employees. SUbscriber wi. implement policies and procedures to prevent unauthorized use of LN IDs and Willlmmediatel no' LN in writin if it sus cts that an LN ID is lost stolen com remised or misused. PARTICIPATING BlLLGMO\JP # LOCATION CITY AND STATE 12339J Santa Ana, CA 3. CERTIFICATION Subscriber certifies that on the date this A]pendment is. signed by SlJbscriber there are JlJudges and attorneys, and~ government professionals for a total of .lk... users (the "Reference Number") in Subscriber's organization. Throughout the Term, Subscriber will immediately notify LN In 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-ourrent applicable price schedule (the .Price Schedule") will be waived. S. 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 BiIIgroups will be provided access to and use of certain Materials, products, services and features, identified below by source/menu number (the "Preferred Pricing Materials"), available In the Iexis_oomSM service or the LN Online Services accessed via proprietary software (the "Classio Online Services"). If Subscriber is an existing LN customer and this is a revision to SUbscriber's Preferred Pricing Materials and Monthly Comm itment, 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 BiIIgroups may do offline printing, online printing and saving to disk of Preferred Pricing Matenals. 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. .- JRN-15-2008 16:44 " LEXISNEXIS 9378658851 P.03/04 "RI!F~~ I'RIClNO IlATEFiJAl.S SOURcelMENU M\.IIIIIER SHEPAFlDll (El) California Genc.nd Civil Lit. (b} (c} (d) (e} o See altactleCI Rk:Ier No.1 for additional PnrliIrred Pliclng Mablrial$ saoECA lluU COMMmENT PERI S MONTH&. Y COMI\lrrMENT Beglnnlng 0210112008 to 0113112009 $ 1057.00 Begirming to $ Beginning to $ Beginning to $ Beginning to $ CA~ Gui\Jcls Combinetl CA Tons &: Personal MB Full Federal wI CFR and l'F.nREG tvlBCA34 MBCA06 SamJ2 5.2 During the Tenn, the Monthly Commitment wnl 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 (ifelected) below. 5.3 The following Materials accessible from, but not induded as part of the PreferTed Pricing Materials, will be subject to monthly billing at the then-current standard undlscounted rates in IiIccordance 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 selVices 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. SubeCliber elects access to the Alt8rnBtll Pricing Matert... 1;h1ftI..} 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. a. CONFIDENTIAL INFORMATION Subject to any state open records or freedom of information statutes, this Amendment contains confidential pnclng Information of LN. Subscriber understands that disolosure 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 Participating Billgrcups will not be eligible for other discounts or aggregation with the use of or charges for other billgroups. 9.2 During the Term, SUbscriber may not terminate the Agreement This Amendment may be terminated by Subscriber after the first Commitment Period on the last 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 SelVlces via mechanical, programmatic. robotic, scripted or any other automated means is strictly prohibited. Use of the Online SelVices 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 tenns not defined herein will have the meanings ascribed to them in the Agreement, including the Price Schedule. JAN-15-2008 16:44 , ~ LEXISNEXIS .--- 9378658851 ".....,"\ P.04/04 9.6 Except as expressly modified by thIs .r ~ Ilendmen~ all other terms and conditions of ....:1 Agreement will remain In full force and effect and unaffected by this Amendment. In the event of a oonflif or inconsIstencies between the Agreement and this Amendment, 1his 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. .~ ~. . - - ~--- ~IDlALY .. Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BY:~ Laura. eedy Assistant City Attorney CITY OF SANTA ANA ~~ City Manager Christian E. Woolford Sr. Pricing Analyst LEXISNEXIS I_EGfi'fj'T. P.EVir_Wi::D BY: ~ Y; DATE: /-I'If~ ~',""j~{ TnTAI P_rl4