The URL can be used to link to this page

Home My WebLink AboutAgr 2007-04-01 (Lexis/Nexis) , :~:J. f ~::" ~_., , "I,'" t ,'j (~,_ U! 2007 _J ",.2 MAR 21 2007 1:30PM HP LASERJET 3200 .0 LexisNexis" TOVl, , uLf:.RK TOWN OF TIBURON QSlG SUBSCRIPTION PLAN AMENDMENT FOR STATE/LOCAL GOVERNMENT "Subscriber": Town Of Tiburon Town Attorney "LN": LexisNexis, a division of Reed Elsevier Inc. In this Amendment (the "Amendment") Subscriber and LN agree to amend the Subscription Agreement (the "Agreemenr') previously or simulta1eously 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 "Amendmenr) will begin (a) on the date Subscriber's billing account (a "Billgroup") is activated ("Activation") if Subscriber is e new LN customer, or (b) subject to Section 7, on the first day of the calendar month immediately following the execution of this Amendmenl 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. t (the "Term"). 2. AUTHORIZED USERS this Amendment relates only to the Subscriber's Billgroups and locetions (the "Participating Billgroups") set forth below and the Authorized Users under the Participeting Billgroups. "Authorized User" means an individual to whom Subscriber assigns an LN identification number under a Participating Billgroup ("LN 10"). Only Subscriber's employees, temporary employees, and contractors are eligible to be Authorized Users. Subscriber agrees thet each LN 10 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 promptiy 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 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 wera Subscriber's employees. Subscriber will implement policies and procedures to prevent unauthorized use of LN IDs and will Immediate! noti LN, in writin if it sus ects that an LN 10 is lost stolen, com remised or misused. -_$l1,.' L mil ] 2] G6D Tiburon, California 3. CERTIFICATION Subscriber certities that on the date this Amendment is signed by Subscriber there are ~ judges and attorneys, and ~ government professionals for a total of i... users (the "Reference Numben in Subscriber's organization. Throughout the Term, Subscriber will immediately notify LN in writing of any chenge in the Reference Number if the total number of judges and attorneys falls below t 1. Upon the request of LN, Subscriber will recertify to the Reference Number. 4, MONTHLY SUBSCRIPTION CHARGE During the Term, the Monthly Subscription Charge in Section 3 of the then-current applicable price schedule (the "Price Schedule") will be waived. 5, PREFERRED PRICING MATERIALS AND CHARGES 5.1 in consideration of Subscriber's payment to LN of the monthly commitment amounts speCified below (the "Monthly Commltmenr), the Participating Billgroups will be provided access to and use of certain Materials, products, services and features, identified below by source/menu number (the "Preferred Pricing Materials"), available in the lexis.comSM service or the LN Online Services accessed via proprietary software (the "Classic Online Services"). if Subscriber is an existing LN customer and thiS is a revision to Subscriber's Preferred Pricing Meterials and Monthly Commitment, fees will be prorated for the month in which the change becomes effective If the change occurs other than on the first day of the month. At no additional charge, the Participating BllIgroups may do offline printing, online printing and saving to disk of Pneferred Pricing Materials. If your subscription includes Research Advantage, then your access to and use of Research Advantage shall be subject to and governed by the additional terms end conditions set forth in the software media at the time of Its installation. Subscrption Plan Amendmenl fot SIl Government SLGovt.Subscrl lionPlanAmd..s 08 MAR 21 2007 1:30PM HP LASERJET 3200 ",.3 PRiFIRRED _tm''''~1SlillL$ SQI,jI~ '.H~ tI_ (a) CA Enhanced CDENCA Full (0) All CA MB Practice Guides MECAJ4 (e) (d) (e) o See altad18d Rider No 1 for additional Pr_red Pricing Matenals . ""Kl>!. Y CO\l1llI1lol!lff Beginning 03/0 I /2007 to 02129/2008 $ 119 Beginning to $ 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 to monthly billing at the then-current standard undlscounted 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) R;sk Solutions. 8. 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 inrtlaling below, or by notifying LN at a later date, Subscriber will have access through the Aitemate Pricing Materials at then-current undlscounted rates in accordance with the P~in addition to the Monthiy Commitment. SubscrIber elects access to the Attemaf:e Pricing Materials IInnlall 7. CLOSED OFFER The offer of LN contained herein is valid unW Mareb 25. 2007. In order to Impiement 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. CONFIOENTlAL INFORMATION Subject to any state open records or freedom of information statules, 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 Amandment in trust and confidence and take reasonable precautions against s.uch disclosure to any third person. This Sactlon B will survive the termination or expiration of this Amendment. 9. MISCELLANEOUS 9. t During the Term, use by and charges to the Participating Billgroups 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 60 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 eny 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 prohibrted. Use of the Online Services Is permitted oniy via manually conducted, discrete, individual search and retrieval activnies. 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 Amendmenl for SIl GoVflrnment SLGovt-Sub6cti tionPlenAmd~Se 06 ~2006.lexlsNexjs, a. division of Reed Els8vle,"lnc All right!. raseNsd, MAR 21 2007 1:30PM HP LASERJET 3200 ",.4 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 confiict 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. AGREED TO AND ACCEPTED BY: TOWN OF TI8URON TOWN A TIORNEY LexlsNexls, a division of Rae BY: ~~~ BY' NAME: d,," 1:.. p~f( NAME: TIT1.E: ~Wrl d~ mLE: ,;73 -#~/< eJ;z... DATE: '3 - d.. ( ,. 01 DATE: THIS AMENDMENT DOES NOT BIND EITHER. PARTY UNTIL IT HAS BEEN ACCEPTED BY BOTH PARTIES. SUBSCRIBER MAY ACCEPT THtS AMENDMENT BY SIGNING ABOVE. LN MAY ACCEPT THIS AMENDMENT BY PERFORMING ACCORDING TO THIS AtI1ENDMENT OR BY SIGNING ABOVE. Subscription Plan Amendmenl for SIL GOVErnment SLGovt.Subscri tionPlanAlrd-Se De