The URL can be used to link to this page

Home My WebLink AboutAgr 2008-03-13 (LexisNexis) ........ ~c. c;uuo c;;.l tr-n Nr- LH~t:.I<.Jt:.1 ::J2UO p.2 MAR 1 7 2008 TOWN ATTORNEYIS OFFICE TOWN OF Ti8URON .. LexisNexis. gSlG SUBSCRIPTION PLAN AMENDMENT FOR 8TATElLOCAL GOVERNMENT -LN": LexlsNexis. a division of Reed Elsevier Inc. "Subecrlber-: Town of T i buron In this Amendment (the "Amendment') SubsorIber and LN agree to amend the Subscriptfon Agreement (the -Agreement") previoosly or simultaneously executed between LN and Subscriber by adding to the Agreement the terms 81d condJUons set forth below. ,. TERM The term of this Amendment (the "Amendmenr) will begin (a) on the date Subscriber's biffing account (a ~Bilfg~") is activated c-Actlvation1 if Subscriber is a new LN customer, or (b) subject to Section 7, on the first day of the caJendar month Immediately following the execution of this Amendment and delivery of it to LN If SlJ)scrlber Is an existing LN customer, and wi" continue until the last day of the final Commitment Period referenced In Section 5.1 (the rrerm.). 2. AUTHORIZED USERS This Amendment relates on~ to the Subsa1ber's Bltgroope and lOC8tlons (the '"Particlpsti1g Bllfgroupsj set forth below and the Authorized Users under the Participating Bllgroups. -AuthorIzed User" means an ildMdual to whom Sl.bscriber assigns an LN ldentlflcatlon number lI'1der a Partlcipathg Bfllgroup C-LN IOj. Only Sub8crbw's employees. temporary employees, and contractors are eligible to be AuthorfZ8d Users. Subscriber agrees that eacn LN .0 may only be used by the Authorized User to whom it ;s assigned and may not be shared with or used by any oI1er person, including other Authorfzecf Users. Subscriber will manage lis roster of AultJortzed. Users and wi. promptly notify LN to deactivate an Authorized User's LN 10 If the Authorized User no longer works for Subscriber or Subscriber otherwise wishes to terminate the Authorized User's access to the 0nft1e SelVfces. Subscriber Is responsible for all use d the Online Servtoes accessed wIIh LN fOs, IncIuctcng asaoeiated charges, and for use of the Online ServIces by temporary employees and contractors to the same extent as if they were SfA)ec:riber's employees. Subscriber wilt implement policies and Procedures to prevent unauthortzecf use of L.N 10s and will ;mrnedlat . LN In writf If ltsu that an IN 10 Ie s101en com romlsed or misused. PARtICIPATING -.J,0NJUp. . &.OCATIDN ern ItND BY" 121 G6D Tiburon. CA 3. CERTIFrCAnON Subscriber certifies that on the date thls Art'endltnent Is signed by Subscriber there ani L judges and attorneys, and lJ government professionals for a total of --L users (the "Reference Number") in Subscriber's organization. Throughout the Tenn, Subscriber wit mmedlately notify IN in Wrttfng of any change In the Reference Number if the total number of judges. and attorneys falls below 11. Upon the request at LN, Subscriber will recertify to the Refenmce Number. 4. UONTHL Y SUBSCRIPTION CHARGE During ttle Term, the Monthty Subscription Charge in Section 3 of the then-curren. applicable price schedule (the .Prlce Schedule") wI' be waived. 5. PREFERRED PRICING MATMIALS AND CHARGES 5.1 In consideration of Subscriber's pS)ment to LN of the monthly commitment amounts specffied below (the "Monthly Commitment.), the PartteJpatlng Bilgroups wftl be provided access to and use of certain Materiaf$, products, servtces and features, identified betow by source/menu number (the "Preferred Pricing Materials"), avaJlabfe In the Iexis.ccmSM service or the LN Online Services accessed via prq>rletary software (the -Classic OnRne Services-). ff Subscrber Is an existing LN customer and this ~s a revision to SubsCrIber's Preferred Pricing Materials and Monthly Commitment, fees will be prorated for the mmth In which the change becomes effective it the ctlange occurs other than on the first day of the month. At no additional charge, the Participating BllIgroups may do offline printing, online printing and saving to disk 01 Preferred Pricing Materials. If your subscription Includes Research Advantage.1hen your access to and use of Researcn Advantage shall be sub;ect to and governed by the additional terms and conditions set forth in the software media at the time o1lts Installation. .'<~.'.'...r"_I.'';;~~ IIn~ .1 C. c.uua c::.: 1 (.....1'1 H.... LH~t:.I<JET 32UU I p.3 PI\... --_ ~ 1M....... ~ ........ ....... (a) Califomia Emanced CDENCA (b) All CA MB Pra::dce <Jt&ida MBCA34 ~o) Califomj. PUbIic:Aecorda slice SRKCCA (d) LcxisNeQs IIld lte1lred Servi~ 001 1M (el - - Base MONW02 (f) PlaYa' &. Comnanv AnaJw.l!r WSPLOO (g) Dossirr Oaeewav DOSCJW (h) Public Records - DIY. YOU m SRKT64 (I) Pub Rec: Oock<<& Ventict(Dav) l1'A.OOO W t.4c:mrs c: Ibna i are trlnsc::1Iioaa.I (Ie) (I) em) (n) (0) o See a1taohed RIder No. 1 lor additional Pref<<red Pricing Mat..... COIMlII.::IfT NNOIitSf ....... y C<MMTIII!NI Begiming 4/112008 to 3/31 f'1OO9 $ 146.00 Begrtnfng to $ Beginning to $ ~nnfng to S Seglnnklg to $ 5.2 During the Term. the Monthly Commitment will be biUed 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 O1herwlse provtded In Section 5.3 and Section 6 (If etected) below. 5.3 The follaNirlg Materials aooessl:Jle from. but not Inctuded as part of the Preferred Pricing Materials, wi'l be subject to monthly billhg at the then--current standard undlscounted rates in accordance with the Price Schedule: (a) selected Images (those that indl.de a dlarge In the Price Schedule); (b) Dun & Bradstreet Reports: and (c) Risk Solutions. 8. ADDmONAL CHARGES The Partlc~ttng BtHgroups may have access to and use of the LN services and features not accessed through the Preferred Prldn9 Materials (-Alternate Pricing Materlais'"). "SlklscrlJer so elects by Initialing below, Of by notlfyfng LN at a later date, Subscriber wiN have access through the Alternate PricIng Materiais at then.current undiscounted rates in accordance with the Prtce Schedule in addition to the Monthly Commitment. ~.tecta8CCeM 10 the ~ Prtclng UIIettIIIe 1. CLOseD OFFER The ofter of LN contained heren Is valid until March IS. 2008. In order 10 implement this Amencment by the first day of a calendar month, LN must receive this signed Amendment by the 20th day of the preceding month. a. CONFIDENTIAL 'NPOAMAnON Subject to any state open records or freedom of information s1atutes, 1hIs Amendment contains confidential prtcfng Informatfon of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and wiN receive and malntaln this Amendment in trust and confldence and take reasonable precauttons against such disclosure to any third person. This Section 8 wiD survive the terminalJon or expiration of !hill Amendment. 8. MISCELLANEOUS 9.1 During the Term, use by and charges to the Participatfng Bil/groups will not be eligible for other discounts or aggregation with the use eX or charges for ather blllgroups. 9.2 During the Tenn, Subscriber may not tennmate the Agreement This Amendment may be terminated by Subscriber after the first Commitment Period on the last day of any calendar month upon at feast 30 days prior written notice to LN. This Amendment may also be terminated by Subscrfber on 10 days prior written notiee to LN In the event of any Increase in the Monthly Commitment, eKcludlng any increases listed In Section 5.1. To be effective. notice of termination pursuant to the preceding sentence must be given wtthin 90 days of the increase. . .. ..' ~ C- c... u u CJ c.....I. I r ''"' nr- LM~~~~~I ~~UU p.4 9.3 AI access to and use of the Online Services via mech81lcaJ, programmatic. robotic. scripted or any OIher au10mated means Is str1ctly prohibited. Use 01 the Online Services Is pennltted only via manuali)' conducted, discrete, individual search and retrieval acIMtIea. 9.4 UPON TEAMlNATfON OR EXPIRAT'ON 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 AU capitalized tenns not deffned herein will have the meanilgs ascrbed to them In the Agreement. including the Price Schedufe. 9.6 Except as expressly modified by this Amencment, an other tenns and conditions of the Agreement wUl-remaln In full force and effect and unaffected by this Amendment In the e\'ent of a con1Uct Of Inconsistencies between the Agreement and 1hls Amendment, this Amendment will control. Except as set forth herein, Ihl. Amendment may not be modlfred or otherwise changed unless mutuaJly agreed to by both parties in writing. AGREED TO AND ACCEPTED BY: TOWN OF TIBVRON ,h ~~~ ~ NAME: /lit" ~'" t?fllL~~. TITU!: 7i '" 10"\ 4 flIr~./ -;J--/J-- ()~ BY: ------,. . Lex.Hex.... dlvlalon of 8Y:~~ Christian E. Wooffor Sr. Pricing AnalYSt /0 ;l??A/2 00 NAIIE: TITLE: DATE: DATE: THIS AMENDMENT DOes NOT BIND Ef1'HEfl PARTY lJIITIL IT HAS BEEN AccePTED BY BOTH PARnES. SUBSCRIBER MAY ACCEPTT1-IIS NAEl'\IDENT BY SIGNING ABOVE. LN MAY ~CCEPT tHIS AMENDMENT BY p~FORWIlG ACCOAONG TO THIS AMeNDMENT OR BY SIGNING AI3OVE. APPR~~TOFO.RM __ -~ AN~RTlf . TOWN ATTORNEY TOWN OF TIBURON Subecr1ption Plan Al'I1eflChent rOt SIL Gowwnmenf SlGovt. AIncS-OcG:m