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HomeMy WebLinkAbout2010-004 . . 1 RESOLUTION NO. 2010- 4 2 RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY ATTORNEY TO EXECUTE A THREE-YEAR 4 CONTRACT WITH THOMSON-WEST TO PROVIDE ON-LINE LEGAL RESEARCH SERVICES (WESTLAW) TO THE CITY ATTORNEY'S OFFICE AND TO AUTHORIZE THE ISSUANCE OF A PURCHASE ORDER. 3 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Attorney or his designee is hereby authorized to execute a three-year 9 contract with Thompson-West to provide on-line legal research services ("Westlaw") to the City 1 0 Attorney's Office, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by 11 reference as fully as though set forth at length. 12 13 14 15 16 SECTION 2. The Purchasing Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City Attorney's Office a Purchase Order to Thomson-West for the above referenced contract. SECTION 3. The authorizations granted hereunder shall expire and be void and of no further 17 effect if the agreement is not executed by both parties and returned to the Office of the City Clerk 18 within sixty (60) days following the effective date of the resolution. 19 /1/ 20 /1/ 21 //1 22 //1 23 /1/ 24 /1/ 25 26 //1 27 //1 28 . . 2010-4 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY ATTORNEY TO EXECUTE A THREE-YEAR 2 CONTRACT WITH THOMSON-WEST TO PROVIDE ON-LINE LEGAL RESEARCH SERVICES (WESTLAW) TO THE CITY ATTORNEY'S OFFICE AND TO AUTHORIZE 3 THE ISSUANCE OF A PURCHASE ORDER. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 6 Common Council of the City of San Bernardino at a reg"] ar meeting thereof, held on the4..th..day 7 of J ~nU:lry , 2010, by the following vote, to wit: 8 COUNCIL MEMBERS: AYES 9 ESTRADA ~ 10 BAXTER ~ 11 BRINKER ~ 12 SHORETT ~ 13 KELLEY ~ 14 JOHNSON ~ 15 MC CAMMACK ~ 16 17 18 NAYS ABSTAIN ABSENT Q~h.~ Racnel Clark, City Clerk The foregoing Resolution is hereby approved this.t't>t day of January ,2010. 19 20 21 22 23 Approved as to form: 24 JAMES F. PENMAN, City Attorney 25 26 7'-~ 27 28 2010-4 WEST ORDER FORM FOR WESTPACKPRODUCTS 610 Oppennan Drive St. Paul, MN 55164-1803 Tel: 6511687-8000 WEST@ A Thomson Reuters business Check West account status below as al1"licable: Rep Name & Number Michael Jacobs, 0106119 New (NACI Form attached) Existing with Increase Credit Limit _ (NACl Form attached) <: - ; Existing with no changes ~ Existing with changes _ (Pennanent name change must attach a Customer Name Change Form) .;Q 1------- ---------~--------------------------- " Acct# 1000801947 PO# Date Dec-14-2009 .0 Bill To Acct e Name/Subscriber SAN BERNARDINO CITY ATTORNEY # ~ Edna Divellis ;Q Order Confmnation Contact Name " E-Mail edivellis@sbcityattorney.org =' . Westlaw Password Contact Name (for password delivery) Edna Divellis . . E-Maii edivellis@sbcityattorney.or9 ~ Permanent Address Change _ One-Time Ship To - Additiona' Ship To _ Additional Bill Tn - '" Name Atto: Address SuiteJFloor City State County Zip ....':1... >,:: ~ WestPack WestlawPRO Products WestPack Promotion Code: WPK3 Westlaw Government Select 20 $3484.00 Per User Rate Total Monthly WcstIawPRO Char cs $2438.80 Full Svc # 40584058 WestJawPRO Products # of Passwords! FTEs/Studcnts Monthly Banded} Base Rate I'"~ Total Monthly Charges $ $2438.80 .1 WestPack Print and CD-ROM Products .Quantity of West Pack Titles. List/CD-ROM Total ListlCD- Full Svc # WestPack Print and CD.ROM Products New. Existing .. Cba",.. Other ROM Charees 40894627 CA CT RLS STIFED DISTIFED BANKR PAM SUB 1 50% 21077267 CA CODE FMS ELECTIONS SUB 1 50% 21061301 FED CIV JUD PROC & RULES SUB 2 50% 15348166 CA COURT RULES SOUTHERN SUB 1 50% 15615126 CA CODE FMS GOVT 3D SUB 1 50% 15615061 CA CODE FMS CIV PROC 6TH SUB 1 50% 21098752 CA JUDICIAL COUNCIL FMS PAM SUB 1 50% 15414422 CA CODE FMS CIV SUB 1 50% 13971847 STATE & LOCAL GOVT EMPL L1AB SUB 1 50% 13991414 CA CIV PR GD EMPL L1TIG SUB 1 50% 15274868 CIV RIGHTS & LIB L1TIG SUB 1 50% t Total Charges t Total Charges includes charges from attached page 1. if applicable. * This is a new title for Subscriber or Subscriber maintains an existing subscription to this WestPack title and desires additional copy(ies) - ship and enter subscription(s) for the requested title. U Subscriber maintains existing subscription(s) to this WestPack title - do not ship. 411109 SAMlnet Exhibit "A" 490.dot 2010-4 THOMSON * n. VVEST Additional WestPack Products Page Additional WestPack Products Page to any West Order Form for Additional WestPack Print and/or CD-ROM Products (must accompany applicable West Order Form that includes WestPack Print andlor CD-ROM Products) Account # 1000801947 Account Name SAN BERNARDINO CITY ATTORNEY WestPack Print and CD-ROM -Quantity of West Pack Titles- List/CD-ROM Total List/CD.ROM FuU Svc # Products New * Existin2 ** Charpcs Other Charecs 11661581 CA JURY INSTR CALCRIM & CALJIC SUB 1 50% 40070691 CA SESSION LAWS BV SU8 1 50%, 13827185 CA AFFIRMATIVE DEFENSE SUB 1 50% 39040705 SUP COURT REP SUB 1 50% 13516937 STATE COURTS SECT 1983 L1TIG SUB 1 50% 13513091 DISABILITY DISCRIM WORKPLACE SUB 1 50% 11229213 CA JURY INSTR CIV BAJI & CACI SUB 1 50% 13516317 POLICE MISCONDUCT LAW SUB 1 50% , 13512915 CABLE TV & NONBROADCAST MEDIA SUB 1 50% 13515078 LOCAL REGULATION ADULT BUSINESS SUB 1 50% 13515264 LOCAL GOVT LAW SUB 1 50% 13515817 MATTHEWS MUN ORDINANCES SUB 1 50% 21024007 W&P SUB 1 50% 13515833 MCQUILLIN MUN CORPS SUB 1 50% 13518026 CA JUR SUB 1 50% 21040614 CA CODE SUB 1 50% 21048097 USCA SUB 1 50% Additional WestPack Pri~t and/or CD-ROM Products Total: I (This total must be carriedforward to the applicable West Order Form that includes WestPack and/or CD-ROM Products) 1011106 SAMlnet JOO.dot Monthly WestlawPRO Charges and CDwROM Charges are billed on the date West processes Subscriber's order and continue for the minimum term elected by Subscriber with his/her initials below ("Minimum Term"). If Subscriber agrees to commit to a longer Minimum Term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges will be billed as set forth herein. Subscriber also agrees to maintain all subscriptions to the WestPack print products (new and/or existing as set forth above) during the Minimum Term and the charges for Subscriber's WestPack print products (both initial print charges ("Initial WestPack Charges") and print and CD-ROM subscription services charges including CD-ROM Charges ("WestPack Subscription Charges")) shall be billed as set forth herein. Upon conclusion of the Minimum Term, Monthly WestlawPRO Charges. CD~ROM Charges and WestPack Subscription Charges are billed thereafter at up to then-current rates. Excluded Charges and Monthly WestlawPRO Charges (after the Minimum Tenn) may be modified as set forth in the Subscriber Agreement (as defined herein). Subscriber is responsible for all Excluded Charges as incurred. Subscriber's Initials for 12, 24 or 36 Month Minimum Term 12 Month Minimum Tenn for WestlawPRO, WestPack Print and CD~ROM Products - 20% WestPack Print and CD~ROM Product discount (new and existing) 24 Month Minimum Term for WesdawPRO, WestPack Print and CD-ROM Products - 30% WestPack Print and CD~ROM Product discount (new and existing) _ X Month y WestlawPRO Charges for second 12 months not to increase by more than _% over Monthly WestlawPRO Charges for initial 12 months. 36 Month Minimum Term for WestlawPRO, WestPack Print and CD~ROM Products - 50% WestPack Print and CD-ROM Product discount tnew and existing) _ onthly WestlawPRO Charges for second 12 months not to increase by more than ~% over Monthly WestlawPRO Charges for initial 12 months and Monthly WestlawPRO Charges forthird 12 months not to increase by more than ~% over Monthly West]awPRO Charges for second 12 months. ^ q()( Subscriber's Initials ~attorneys or corporate users are employed by Subscriber at the location identified above. If West learns that the number of ~riber's affiliated attorneys exceeds this number, West reserves the right to increase Subscriber's Month]y WestlawPRO Charges as applicable. I Internal Corporate Use Only ~ I Technical Contact for Westlaw Patron Access and Campus Research I Name (please print): Telephone: / E~Mail Address: / Current Account #: / Patron Access: IP Address: / One lP Address petlem1ina1. AddiuOTUlI pages may be attacbed if needed. / Campus Research: IP Address Range '" Orders submitted without IP Address information may delay set up and access Subscriber Initials - Terminals will be used for Patron Access (not required or Campus Research). - I I WestlawPRO Renewals r II WestlawPRO Products Current Monthlv WestlawPRO Char2es / / Notes: / ~ Subscriber's Initials for 12 Month Renewal Term'" Subscriber agrees to commit ,) an additional 12 months and the Monthly WestlawPRO Charges for the sue additional 12 months shall be _ % more than the current Monthly WestlawPRO Charges. - Subscriber's Initials for 24 Month Renewal Term'" Subscriber agrees 10 comr t to an additional 24 months. The Monthly West]awPRO Charges for the fir additional 12 months shall be _% more than the current Month]y WesUawPRO Ch~ 'cs and the Monthly WestlawPRO Charges for the second additional 12 mont shall be _% more than the Monthly WestlawPRO Charges for the first additional 12 nths. - Subscriber's Initials for 36 Month Renewal Term'" Subscriber agrees to co mil to an additional 36 months. The Monthly West]awPRO Charges for the fir. additional 12 months shall be~% more than the current Monthly WestlawPRO Char es and the Monthly WestlawPRO Charges for the second additional 12 months sha be _% more than the Monthly WestlawPRO Charges for the first additional 12 m ths. The Monthly WestlawPRO Charges for the third additional 12 months shall _% more than the Monthly WestlawPRO Charges for the second additional 12 mo ths. in the event a promotion in the underlying Order Fonn required Subscriber to main n a subscription to certain West products in order to be eligible for such promoti ("Dependency Subscription(s)"), Subscriber must also maintain such Dependency Subs ption(s) during the Renewal Term so that Subscriber may be eligible for the pricing s forth herein. In the event Subscriber terminates any of the Dependency Subscription ) during the Renewal Term, any promotions and related discounts for the Dependenc Subscription(s) shall immediately terminate. * Effective at the end of the current Minimum Tenn ("Renewal Tenn"). Upon con usion of the Renewal Term, Monthly WestlawPRO Charges are billed thereafter at the current rates. Excluded Charges and Monthly WestlawPRO Charges (after the R ewaJ Tenn) may be modified as set forth in the Subscriber Agreement. Subscriber responsible for a]1 Excluded Charges as incurred. During the Renewa] Tern and thereafter, Subscriber's access to and use of Westlaw shall be governed by t Subscriber Agreement. I I Westlaw PasswJr ds and QuickView+ I I Last Name First Name M.l. I Atty Lib Para Other Product{s\ / / / / / 4/1/09 / SAMlnet 49 h st h, " II b, on el Y n- is he a.dOl 2010-4 Mo. Bandedl Base Rate Authorized Acet. # Subscriber shall authorize which Westlaw password(s) shall have access to QuickView+. Actual charges billed by West may val)' from c Subscriber shall pay charges as billed. West does not warrant and has no liability with respect to the accuracy of charges or other information 0 Authorized QuickView+ Password Holder Password Additional Non-WestPack WestlawPRO, CD-ROM and West Le alEdcenter Products Full Svc # Non-WestPack WestJawPROI CD. ROMIWLEC Products #ofPwds Cone. CD Users Total Monthly WestlawPROtCDI WLEC Cba es Notes: Monthly WestlawPRO Charges, CD-ROM Charges and West LegalEdcenter Charges, are billed on the date West processes S scriber's 0 er and continue for a 12 month Minimum Tenn. Upon conclusion of the Minimum Ternl, CD-ROM Charges are billed thereafter at then-current rates. If ubscriber elects a longer Minimum Term the Monthly WestJawPRO Charges and/or West LegalEdceoter Charges will be billed as set forth herein. Upon co lusioo the WestlawPRO and/or West LegalEdcenter Minimum Tenn, Monthly WestlawPRO Charges and/or West LegalEdcenter Charges are billed thereafter at u to then urrent rates. Excluded Charges and Monthly WestlawPRO Charges (after the Minimum Tenn) may be modified as set forth in the Subscriber Agreement (as d ned he ). Subscriber is responsible for all Excluded Charges as incurred. Subscriber's Initials for 24 Month WestlawPRO and/or West LegalEdcenter Minimum Term Su and the Monthly WestJawPRO Charges andlor West LegalEdcenter Charges for the second 12 months not to ine Charges andlor West LegalEdcenter Charges for the initial 12 months. Subscriber's Initials for 36 Month WestlawPRO andlor West LegalEdcenter Minimum Term Subscri and the Monthly WestlawPRO Charges and/or West LegalEdcenter Charges for the second 12 months not to increase y more th n _% over the Monthly WestlawPRO Charges and/or West LegnlEdcenter Charges for the ;oitial12 months and the Monthly WestlawPRO Charges and/Qr W st LegalEd enter Charges for the third 12 months not to increase by more than _% over the Monthly WestlawPRO Charges andlor West LegalEdcenter Charges for the se nd 12 mon s. Full Svc # Non-WestPack Print Products rees to c mit to a Minimum Term of24 months more than _% over the Monthly WestlawPRO Subscriber's Initials attorneys or corporate users are employed by Subscriber at oca orders andlor West LegalEdcenter Charges). If West learns that the number of Subscriber's affili anomey Subscriber's Monthly WestlawPRO Charges as applicable _ CD-ROMlDVD andlor West LegalEdcenter annual billing (please cbeck if requested) identified above (for WestlawPRO, CD-ROM case law this number, West reserves the right to increase West LegalEdcenter Online Features and Services: Subscriber's Initials - Subscriber acknowledges that each user will receive an initial e-mail c muni important infonnation about using the service (including username and password), as well as on in in their prdctice area(s) and special annOWlcements. Subscriber's users may opt out after the initia Programs excluded from the Online CLE Pass shall be billed at then-current rates via credit card billing. List Char es Other Char es Notes: Terms of Payment for Print Products. West's standard terms of payment for print pr the purchase price. Installment payment terms are $ per man amounts under this Order Form, is paid in full. Subscription Service and Passwords. Subscription service may consist of updates and/or s plements to the service, including but not limited to: (a) CD-ROM Libraries: updated, replacement or supplemental CD-ROMs and online updates, and other related sup emental material; (b) Print Products: pocket parts, pamphlets, replacement or ancillary volumes; loose-leaf pages and other related supplemental materials; all of which be billed separately at then-current rates. Subscriber hereby requests that West provide subscription services for the herein-described products at then-current rates until sue subscription services are cancelled by West or cancelled upon written request by Subscriber after the Minimum Term for WestPa.ck print or CD-ROM products. Any passw rds issued herein may only be used by the person to whom the password is issued and sharing of passwords is STRICTLY PROHIBITED. Subscribers licensing only LiveN tc/Case Notebook Software will not be issued WestJaw passwords. General Provisions. This Order Fonn is subject to approval by West in St. Paul, Mi ota and is governed by Minnesota law. The state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising from or related to s agreement. Applicable sales, use, personal property, value added tax (VAT) or equivalent, ad valorem and other taxes are payable by Subscriber. Subscriber may be rged interest for overdue installments and subscriptions and fOf other open account charges. If any installments, subscriptions, subscription services, WestIaw Charges r open account charges remain unpaid 30 days after becoming due, all unmatured installments, including all amounts that are or would become due and payable for the aining term of Subscriber's Subscriber Agreement, shall become immedialely due and payable at the sole option of West. Interest charges may be adjusted to the then-highes current rate allowable on MilUlesota contracts. This Order Form is non-transferable. All collection fees, including but not limited to attorneys fees, are payable by Subscriber. ransportation and handling (FOB origin) charges will be added for print products. West may request a current financial statement andlor obtain consumer credit report on t undersigned individual to determine creditworthiness. West will only request consumer credit infbnnation on the undersigned if the undersigned is applying for credit as individual or if the undersigned's consumer credit information is necessary for West to consider granting credit to the aforementioned company. If Subscriber inquires wether a credit report was requested, West will provide information of such, if a report was receive-d and the name, address and telephone number of the agency that supplied report. Returns. If Subscriber is not completely satisfied with any non-WestPack print 0 non-WestPack CD.ROM product received from West, the product may be returned within 45 days of the invoice date for a full refund or credit, in accordance with West' then-current returns policies. Westlaw Charges and West LegalEdcenter Charges are not refundable. Total Charges $ ased are net 30 days. West may elect to accept installment payments on roximately _ months until the purchase price, plus any additional 4/1/09 SAMlnet 490.dOl Online/CD-ROM Products I 122 # of Passwords Full Svc # 140436076 Online/CD-ROM Products to be Lapsed I CA Gov General Counsel The Subscriber Agreement for Westlaw and CD-ROM Libraries, the applicable Schedule A price plan, (for WestlawPRO products and/or CD-ROM Libraries products) and/or the West LegalEdcenter Subscriber Agreement (for West LegalEdcenter products) individually or jointl)', as applicable, ("Subscriber Agreement") is/are hereby incorporated by reference and made part of this Order Form. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the terms and conditions of this Order Form, the terms and conditions of this Order Form shall control. Subscriber by his/her signature below, acknowledges his/her understanding and acceptance of the terms and conditions of the Subscriber Agreement. F ~ ~ '-"..7- ...J;? ~ Signature X Date I ~ ',l.i'. .. r A THORIZED REPR NT A T1VE FOR ORDER FORM Printed Name Title Date Signature X For Credit Card T nsactions only: Card # Visa Master Card Expir. Date Am Ex Total Amt. to Charge 4/1/09 SAMlnet 490.dnt F8l<: Dee 29 2009 04;22pm P006/012 _ OdaeJQ)..It.O~PrAdouoI.t.b.LG"" N~' ~~~n~ 140436016 ICA Gov General Counsel . --- 122 ,or'_nII I II.: Tho _ AIr_t for WooII_ ..... CIHlQM lA..-, dlo appIlooble SekodDlo A pJloo piau, (f... WQll_1'ltO p_ audio, CJl.ROM LIbnrIoI prod.....) ...- .... W... . ......._.... hb_ A_' (l"or Will Lepll!1".... Jlnlduob) _lOOlIy ... l0II16y, .. opplkable, ("SUb_ ~ III... ~ .....,.._by..-....- aU _p'" ofGdt 0H0r _ III tile..... ......10. __* ;..-.___ .rllle iIolbooriber Aanoma'''' tho..................... orlllll Oo'dor A'......... _ nd __ otdlls Order '0111I "'011 ........... _..by.w.....- """'..... _, '-"1J4ia _ IIIt1ttJlu~.... ___ or........... ....._ oft1lo 511110_ Apoemeat. r' -t &.4 .~ ~ ,....., 8fpololr. X lIate 12. ~.Ih' r RE ATlVEroRORD~l'O_ Prillle4N_ ( ./ ~. -:JvAie. ~J /YIp ~Jl. - -:/JhA.h e.L- /.1/./0. .~ Till. Dot. SIpotut X For C..dit Can! c.....' DSODlr. Vba ~rC'N EopIr.1)ate Am Ex Total AIlrt-Io CllIII'P "1J1)9 SAMIae, tHAIot Date 12/14/2009 Account Name San Bernardino City Attorney \!:ccount Number 1000801947 ^ Subscriber's Initials for Modules elected by Subscriber 4'71"" Please enter the state desifmation for eactaoolicable Core and State-Snecific module soecified Corers) National and Tonieal Modules (Continued) [8] Westlaw Select State Core: ~ [8J All State Primary Law o Regulatory Core 0 American Jurisprudence (AMJUR) o Federal Primary Core D American Jurisprudence Legal Forms State Soecific Modules lRl American Law Reports (ALR) o _ Administrative [8J Bill & Regulatory Tracking [8] ~ Analytical 0 Case Evaluator o _ Appellate Court Briefs 0 Corporate Forms o _ Business Law D Corpus Juris Secundum (CIS) o _ Civil Pleadings, Motions & Memoranda 0 Criminal Litigation Specialist o _ Construction Law 0 Criminal Records o _ Criminal 0 Employment Coordinator 0_ eForms: Courts and Agencies 0 Expert Testimony o _ Employment Law 0 Federal Primary Law 0_ Environmental Law 0 Forms Library (formerly All Forms) o _ Estate Planning D Graphical Statutes o _ Family Law [8] Law Reviews and Journals 0_ Federal Materials 0 Le!,rislative HistorywFederal & All State 0_ FormFinder 0 National Criminal Analytical o _ Graphical Bundle 0 National Public Records o _ Jurisprudence 0 Norton Bankruptcy Law o _ Jury Instructions ~ PastStat Locator o _ Legislative History 0 People Map Comprehensive o _ Litigation Basics 0 Real Property o _ Municipal Law 0 Real Property Construction [g] ~ Municipal Law Counselor 0 RegulationsPlus o _ Practice Series 0 ResultsPlus o _ Real Property [8] ResultsPlus Premium 0_ State Court Dockets 0 US News o _ State Court Documents [8] MlIler & Starr National and TODical Modules ~ Federal Analytical o 50 State Statutes Survey 0 o Advanced Employment Practice 0 o Advanced Managing Outside Counsel 0 o All Analytical 0 ~~_fu 0 o All Federal Cases 0 o All News 0 o All Primary Law 0 o All State Cases 0 o 4/1/09 SAMlnet 562.dot , 2010-4 Subscriber Agreement for Westlaw@ and CD-ROM Libraries AGREEMENT entered into between "Subscriber" as set forth on the West order form {"Order Form1 and Wes~ a Thomson Reuters business ("Wear), regarding Westlaw and/or CO-ROM Libraries, as foIows: 1. Westlaw and CD.ROM libraries. Subscriber may subscribe to Westlaw, Wesl's computer assisted legal research service, via certain packaged Westiaw Schedule A price plans, and/or CD-ROM libraries ("Ubraries.) by submitting a then-<:urrent Order Form. All references herein to CD-ROM, CD-ROM Libraries or Libraries shall also include the OVD. ROM formallmedia. All Library subscriptions shall include access to Westiaw. WesUaw and CD.ROM Libraries are Hcensed to Subsaiber subject to the terms and conditions of this Agreement, the Order Form, the applicable Schedule A or as otherwise agreed by the parties in writing. This Agreement supplements but does not supersede any WesUaw Subscriber Agreement in effect between Subscriber and West as of the effective date of this Agreement ('Existing WesUaw Agreemenr), 2. License. la) Grant Subscriber is granted a non-exdusive. non-transferable, limited license to access WesUaw and the CD-ROM Ubrary(ies) to which Subscriber subscribes. Such license includes the right to access data made available on Westiaw ("WestIaw Data") and data contained in the CD-ROM Libral)'(ies) ('CD-ROM Data,' coJieclively "Data" which includes "OoNnloaded Data" as defined below). Subscriber may use the Data internally solely in the regular course of legal and other research and related work. Except as otherwise provided with respect to certain Westlaw Data, the ~cense includes the right to download and temporariy store insubstantial portions of Data ("Downloaded Data) to a storage device under Subscriber's exclusive control solely (i) to display internally such Downloaded Data and (ii) to quota and exceq>l such Downloadod Data (eppropriataly .ted and credited) by e1ectrooic cutting and pasting Of other means in memoranda, briefs and similar work product created by Subscriber in the regular course of its research and wor1<:, Subscriber may also create printouts of Data for internal use and for distribution to third parties for purposes that are consistent with the terms and conditions of this Agreement if such third parties agree not to further distribute the printouts. (b) Umltations. SUbsaiber may not copy, download, scrape, store, publish, transmit retransmit transfer, distribute, disseminate, broadcast circulate, sell, resell or otherwise use the Data or any portion of the Data, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with West's prior written permission, or (iii) if not otherwise expressly prohibited by this Agreement or by the "Additional Terms" (as detined below), as allowed under the tair use provision of the Copyr~ht Act (17 U,S,CA ! 107). Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly pennitted by this Agreement or as quoted in Subscriber's worit product Subscriber shaH not sell, license or distribute Data (induding printouts or Downloaded Data) to third parties or use Data as a component of Of as a basis for any material offered for sale, license or distribution. (c) Westin. WesUaw consists of various West-owned and third party databases, services, functions and remotely-accessed gateways (collectively "Features"), whicl1 may change from time to time. Access to certain Features may be restricted. Certain Features are licensed subject to paragraphs 3, 6 and 7, which take precedence over the license granted in this paragraph, or additional terms ("Additional Terms"), which apply to certain third-party Features and may be different from those set forth in this .A.greement. Subscriber will be given an opportunity to review Additional T arms by receiving notice of such Additional Terms in writing Of online. Additional Terms may be modified effective upon West giving Subscriber notice (in writing or online) of the modification. By using Features governed by Additional Terms, Subscriber agrees to, and will be obligated to comply with, all such Additional Terms as well as the tenns and conditions in this Agreement All Additional Terms will be considered part of this Agreement. Subscriber may, on an occasional basis and via Westlaw functionality, direct West to transmit individual documents in electronic format to internal user(s) or transmit Westilroprietary documents (i.e. documents not licensed by West from third-parties) to internal user(s) or to a third party who is an individual if such third party agrees not to further disseminate such documents. Subscriber acknowledges its responsibility in assuring compliance with the foregoing by any third party to whom Subscriber transmits documents pursuant to the preceding sentence. Direct transmission of electronic copies by Subscriber is prohibited, except as provided in the electronic brief tenns of paragraph 3 herein. (d) CD.ROM Libraries, Each Ubrary is licensed for use at a single Subscriber office location ("Site"). In addition, Subscribers personnel who worK at or are assigned to a licensed Site may access the Ubraries by remote diaHn access to the Site or off-Site on stand-alone PCs. Each Ubrary is licensed for use on stamf.alone PCs or on a single local area network ("LAN') installed at a licensed Site that is electronically linked and capable of sharing the use of one or more CD-ROMs. The Order Form will indicate the number of concurrent users authorized to access each Ubrary licensed for use on a LAN. Each such library wilt be licensed with a proprietary control file, which Subscriber may install only on the single LAN. Subscriber may transfer the CD-ROM Data contained in the library to a single storage drive under Subscriber's exdusive control and to maintain such CD-ROM Data as a searchable CD.ROM Software (as defined herein) compatible database subject to the tenns and conditions of this Agreement Subscriber may also use, only at the Site, West-proprietary Data available as part of a Ubrary as set forth in paragraph 3. Access to 4/1109 Westlkw. Part of Thomson Reuters Data through wide area networks, multiple LANs, multiple sites or similar arrangements is strictly prohibited. (e) Rights in Data. Except for the license granted in this Agreement all right, title and interest in the Data, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exdusive property of west and other contributors ("Contributors'). The CD-ROM Data ardlitecture, induding the format, layout and data structures, are proprietary. Subscriber may no!: reverse engineer or otherwise attempt to discern such proprietary archttec:ture. The CD-ROMs and West Software, as defined herein, are and will remain the exclusive property of West, its affiliates and software O'M'lGrS. 3. West Proprietary Data. West granls a non-exdusive, non-transferable, limited license to individual users within Subsaiber entities to store and use West-proprietary Downloaded WesUaw Data and CD-ROM Data (Le., documents not licensed by West from third parties) in a searchable database maintained in connection with an ongoing project of the user ("Project Database"). Such database must consist preponderantly of users' work product: with access limited to those internal users actively working on the project. The West-proprietary Downloaded Data may be maintained in the Project Database so long as the project: remains active or until any termination of this Agreement whichever occurs first. Retention of Downloaded Data in a Prqect Database after the project ends, in an archival database as used as a research tool or in a database accessible to external users is prohibited: West further grants to Subscriber a limited, non-exclusive, non- transferable license to indude West-proprietary Downloaded Data in briefs prepared for a specific cause of action for a specific court in an electronic format Distribution or dissemination of such West-proprietary Downloaded Data in connection with or as part of a brief is limited 10 the court before which the cause of action is to be heard, the parties to the cause of action, or their representatives. Ariy further distribution is prohibited without written permission of Wesl West. proprietary DoNnloadecl Data induded in such briefs must retain West copyright notices and indicate that use of, distribution and dissemination to the permitted parties is with the permission of West 4. West Softwlre and westlaw.com'N. (I) West Software. West may make available to Subscriber, on a subscription basis, software for use in connection with Westlaw ("Westlaw Software") or to access third party gateway services and certain Westlaw FeabJres not available when accessing Westlaw with CD-ROM software ("CD-ROM Software" induding, but not limited to PREMISE@, LawDesk and FoIio@ used to eccess the Ubraries). Subsaiber hereby subsaibas to Westiaw Software and CD-ROM Software (collectively "West Software") and updates and accompanying documentation as indicated on the Order Form. West Software will be licensed under a license agreement. which will accompany the West Software. By using the West Software (including each update) and taking such other action as may be referenced in the license agreement as constituting acceptance, Subsaiber agrees to be bound by the tenns and conditions of the accompanying license agreement If Subscriber does not so agree, Subscriber must retum any tangible copies of the West Software in its possession or control. (b) westlaw.com. westlaw.com is an Internet-based service that provides access to Westlaw. West grants Subsaiber a non-exdusive, non-transferable, limited license 10 use wesUaw.com (induding all versions and updates). Subscriber may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of wesdaw.com, nor may Subscriber reproduce all or any portion of the components of westlaw.com. Subscriber may use WestIaw Data cached in Subscriber's local disk drive solely in support of its use of westlaw.com. Certain software used by Subscriber may not be capable of supporting westlaw.com. The performance of westlaw.com varies with the manufacturers' equipment with which it is used. 5. Charges and Modification of Charges. Charges payable for access to WesUaw rwestlaw Charges") will be as stated on the Order Form and the applicable Schedule A or as otherwise agreed upon in writing by the parties. Wesllaw Charges shaD commence on the date Subscriber first accesses WesUaw Of any Feature or as otherwise stated on the Schedule A or Order Form. Westlaw Charges may be modified upal at least 30 days prior notice to Subscriber in writing Of online or pursuant to the terms stated on the Order Form (for the Monthly WesllawPRO Charges assodated with the WestlawPRO products elected by Subsaiber on the Order Form). The charges currently payable by Subscriber for each Library are as set forth on the Order Form rCD-ROM Charges"). CD-ROM Ch8f9es also indude, without limitation, charges for Ubrary additions and Features introduced after the effective date of this Agreement CD-ROM Charges will be determined by West and may be modified at any time without notice. Modification of any charges shall not be considered as an amendment to this Agreement that permits termination of this Agreement pursuant to paragraph 11 herein. All charges are exclusive of sales, use, value added tax (VAT) Of equivalent ad valorem, personal property and other taxes, which are'the responsibility of Subscriber. Subscriber will pay all invoices in full within 30 days from date of invoice. If full payment is not made, Subscriber may be charged up to the maximum legal interest on the unpaid balance. 6. Usage Restrictions. Subscriber shall not use any Data and shall not distribute any Data to a third party for use in a manner contrary to or in violation of any applicable federal, state, or local law, rule or regulation. West is not a consumer reporting agency, and Subscriber certifies that it will not use any Data as a factor in establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes, for employment purposes or for any other purpose authorized under section 1681b of the Fair Credit Reporting Act (15 U.S.C.A. 9 1681b). Subscriber ~cknowledges that access to certain Data available on WesUaw, including but not limited to credtt header Data, motor vehicle Data, driver ~cense Data, and voter registration SAMlne! 41,dot Data is regulated by state or federal laws, such as the Gramm Leach Bliley Act ("GLBN), Jhe Driver's Privacy Protection Act ("DPPA"), or other state or federal laws and regulations, or is subject to Contributor restrictions. Subscriber agrees not to access such Data for any purpose that is not allowed by the GLBA, by the DPPA, by any other applicable state or federal laws or regulations, or that is contrary to Contributor resbictions. West retains the right to- temporarily or permanently block access to certain Data if West, in its sole discretion, believes that the Data may be used for an improper purpose or otherwise in violation of the terms of this Agreement or that the terms of West's Contributor agreements requires West to block such access. By accessing Data, Subscriber acknowledges that from time to time, West and its Contributors and/or various government entities may require Subscriber to identify a permissible use and may inquire as to Subscriber's compliance with applicable laws Of this Agreement Subscriber agrees to cooperate with any inquiry, subject to any attomey-dient confidentiality. Subscriber shall report to West any misuse, abuse, or compromise of Data of which Subscriber becomes aware. 7. West Legal Directory-TIil. Subscriber may use Westlaw Data and CD-ROM Data contained in West Legal Directory ("WLD") intemally in the regular course of Subscriber's business. Subscriber may also create printouts of insubstantial portions of Data consisting of individual WLD listings or selected names and addresses for its own use. Use of WLD to create mailing or marketing lists for commercial purposes or for distribution to third parties is prohibited. 8. Responsibility for Certain Matters. Subscriber may access Westlaw from additional Subscriber locations upon prior notice of such location. Subscriber is responsible for notifying West in writing of persons to whom Westlaw passwords are to be issued or from whom passwords are to be revoked. Subscriber is solely responsible for maintaining security of Westlaw passwords. Subscriber is also responsible for all access to and use of Ubraries, CD-ROM Data, CD-ROM Software, Westlaw, Westlaw Data, West Software and westlaw.com (collectively the "Deliverables") by Subscriber's personnel Of Westlaw passwords, whether or not Subscriber has knowledge of or authorizes such access and use. 9. Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SPECIFICALLY PROVIOED HEREIN, THE DELlVERABLES ARE PROVIDED "AS IS," lMTHOUT WARRANTY OF ANY KINO, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. SUBSCRIBER'S EXCLUSIVE REMEDY AND WESTS AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE DELlVERABLES WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASEO IN CONTRACT OR NEGLIGENCE, SHALL BE L1MITEO TO THE AGGREGATE AMOUNT OF CHARGES PAID BY SUBSCRIBER RELATIVE TO THE LIBRARY, WESTLAW FEATURE OR THE WEST SOFTWARE, AS APPLICABLE, WHICH IS THE BASIS OF THE CLAIM(S) OURING THE 12 MONTH PERIOO PRECEOING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL WEST OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO (i) SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTEO BY WEST, OR ITS CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE UPON WESTLAW DATA AND CD-ROM DATA; (iil ANY LOST PROFITS OR OTHER CONSEOUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, THE DELlVERABLES, EVEN IF WEST OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iii) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR OELlVERING WESTLAW DATA AND CD.ROM DATA. FURTHER, WEST SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE. NEITHER WEST NOR CONTRIBUTORS MAKE ANY WARRANTY THAT ACCESS TO WESTLAW WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES WEST MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE. SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF WESTLAWCOM ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF WESTLAW DATA OR DAMAGE TO MEDIA. 10. Limitation of Claims, Except for claims relating to Westlaw Charges or CD-ROM Charges, or improper use of the Deliverables, no claim, regardless of form, which in any way arises out of this Agreement may be made, nO( action based upon such claim brought under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it. 11. Effect of Agreement. This Agreement (which includes all applicable Order FOITllS, any Existing WesUaw Agreement current and future Schedules and Additional Terms, license agreements and the like) embodies the entire understanding between the parties with respect to the subject matter of this Agreement and except as otherwise provided herein supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Except as otherwise provided in this Agreement, Wesl may amend the terms and conditions of this Agreement by giving Subscriber at least 30 days prior written or online notice. Any other amendment must be in writing and signed by both parties. 4/1/09 12. Term and Termination. This Agreement and each Order Form may not be terminated prior to a Minimum T arm of one year after the date West processes this Agreement and that Order Form. In the event Subscriber requests a Minimum Term in excess of one year as set forth in li1e Order Form, this Agreement may not be terminated prior to the expiration of such Minimum Term. Upon expiration of the Minimum Term or any Renewal Term set forth in the Order Fonn, either party may terminate this Agreement by providing the other party 30 days prior written notice of such termination. Notwithstanding the foregoing, (i) West may terminate a Library subscription upon 30 days prior written notice if such Ubrary is no longer commercially available; (ii) Subscriber may terminate this Agreement immediately by giving written notice of termination after receiving notice of any amendment (as permitted under paragraphs 2(c) and 11), which contains new terms that materially alter the terms of this Agreement and are unacceptable to Subscriber; (iii) West may terminate this Agreement immediately upon giving written notice of termination to Subscriber if Subscriber commits a material breach of any obligation to West under any other agreement between the parties; (iv) West may terminate this Agreement immediately upon giving written notice of termination to Subscriber if West reasonably believes that Subscriber's use of Data violates any applicable law or regulation, this Agreement or may result in a risk to public safety, including but not limited to the safety of private individuals; and (v) either party may terminate this Agreement immediately upon giving written notice of termination to the other party if the other party commits a material breach of this Agreement Upon termination of any Library subscription by either party, Subscriber shall immediately destroy the terminated Library(ies) and destroy all CD. ROM Data maintained on a permanent storage drive, Upon any termination of this Agreement, the West Software licenses shall also terminate. 13. Force Majeure. Wesh performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, dvil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. 14. Notices. Except as otherwise provided in this Agreement, all notices must be given in writing to West at 610 Opperman Drive, P.O. Box 64833, St Paul, Minnesota 55164.0833, Attention: Customer Service, and to Subscriber at the address 011 the Order Form. 15. Ge~!l P~1}1k This Agreement will be govemed by and conslrued under the law of nA-t the state ~~ :L1:S.A. withOutr!~~~~~!lflj9t:i.oflawprovisions. The parties agree that )..,- the state and federal courts sitting in .... ~ Mve exclusive jurisdiction over any claim -111 arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts./ 11 Neither this Agreement nor any part or portion hereof may be assigned, sublicensed or otherwise transferred by Subscriber without West's prior written consent Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected. Failure of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part hereof. West, as used herein, applies 10 West Publishing Corporation, Thomson Reuters Applications Inc., West Services Inc., Thomson Reuters (legal) Inc., and their affiliates. 16. Ideas and Concepts. Any and all title, ownership rights, and intellectual property rights concerning any ideas, concepts, suggestions, materials and the like that Subscriber provides to West regarding Westlaw, westlaw.com or Westlaw Software or Libraries shall become the exclusive property of West and may be used for its business purposes in its sole discretion without any payment, accounting, remuneration or attribution to Subscriber. SAMlnet 41.dot Schedule A to Subscriber Agreement 2010-4 westlavv. Plan 2 WestlawPRO" for State and Local Government Agencies - Government Service ,~_._-~,..- Available only to employees of state, county and city government agencies (excluding courts), correctional facilities, government law library staff (behind the desk staff access) and legal services/legal aid entities with 40 or fewer affiliated attorneys accessing Westiaw" for government or legal services/legal aid purposes, Not available to educational institutions for academic purposes. Westlaw access by inmates of correctional facilities is STRICTLY PROHIBITED. Upon accessing Westlaw, a user may elect either per minute or transactional billing in the Options Directory. Such billing election will be effective for all subsequent sessions unless the election is changed. The SUBSCRIBER Database lists the per minute billing classifications, transactional charges and per document charges for each database. 1. WestlawPRO Obligations and Restrictions. Subscriber must submit to West a copy of its current letterhead or a certified list of all affiliated attorneys at the location identified on the Order Form and must promptly notify West of any changes in the number of affiliated attorneys. W8t!itlaw passwords may only be used by the person to whom the password Is issued. Sharing of Westlaw passwords between or among. Subscriber's personnel or persons not employed by Subscriber Is STRICTLY PROHIBITED. In the event West learns that the number of attorneys employed by Subscriber exceeds the number certified by Subscriber or a Westlaw password has been used by a person other than the person to whom the password has been issued. West reserves the right to increase Subscriber's monthly WestlawPRQ charges rMonthly WestlawPRO Chargesn) to then-current rates for each attorney employed by Subscriber, change Subscriber to another price plan or, in the alternative, terminate the Westlaw password{s) used by a person other than the person to whom it is issued. 2. Monthly WestlawPRO Charge.. Monthly WestlawPRO Charge. for the products elected by Subscriber appear on the Order Form and include usage, communications, WestClip (non-continuous), amine transmission (as limited by the Subscriber Agreement), certain KeyCite~ Alert (non- continuous), transactional charges (excluding online citation checking) and certain offline automated citation checking charges. Monthly WestlawPRO Charges apply regardless of Subscriber's actual use. A listing of the current WestlawPRO Databases appears in the Westlaw Directory. Charges associated with the databases, Features and services that are not part of the WestlawPRO products elected by Subscriber will be billed in addition to the Monthly WestlawPRO Charges at the rates set forth below ("Exduded Charges"). West may, at Its option, make certain databases, Features and services Excluded Charges if West is contractually bound or otherwise required to do so by a Contributor of Data or if the databases, Features or services are enhanced or released after the effective date of the Subscriber Agreement and the Order Form. ~ 3. Per Minute Charges A. Per Minute Usage Charges Per Minute Rate i. Combination Databases $ 1.05 ii. Highlights Databases 2.85 m. Basic Databases 3.42 iv. Westlaw Standard Databases 6.25 v. Westlaw Standard Databases-Codes 7.50 vi. Deluxe Databases 7.68 vii. Specialty Databases 7.65 viii. Premium Databases 8.50 ix. AllflIe OatabasH 10.80 x. Multl-Search Oatabase. 11.20 xi. Super Allffle Databases 13.50 xii. Select Databases 15.50 xiii. Super Premium Databases 16.38 xiv. Super Select Databases 13.83 xv. ResultsPlusStandard Databases 7.81 xvi. ResultsPlus Premium Databases 10.63 xvii. ResultsPlus Allfiles Databases 13.50 xviii. ResultsPlus Super Allfiles Databases 16.88 xix. ResultsPlus Select Databases 19.38 xx. ResultsPlus Super Premium Databases 21.43 xxi. Westlaw Tax Time Class Databases 8.25-23.38 Usage charges begin when Subscriber's password is transmitted and end when Subscriber's telecommunications link ;s disconnected. 4. B. Communications Charges. $.22 per minute. Communications charges begin when Subscriber's password is transmitted and end when Subscriber's telecommunications link is disconnected ~ they apply to the entire Westlaw session, excluding offline transmission, offline automated citation checking, Dockets™ and the SUBSCRIBER Database (when accessing Westlaw via transactional billing). Transactional Charges A, I. Search Charges Each search query will incur a search charge. Search charges range from $0 to $230 per search. The search charge applicable to each database is available in the SUBSCRIBER Database. For sales tax purposes only, a percent of each search charge is allocated to communications. Search charges for multiple database searches are discounted as follows: 1 database No discount 2-3 databases 10% discount 4-10 databases 20% 11+ databases N/A Ii. Westlaw Legal Calendaring $20.00 per transaction B. Online Find Charges '" Charge Per Document Find (indudes Primary Law) S8 Find (indudes Secondary Law/Regulations FindslDisplay) 16 Find (BNA, RIA) 25 Find (PS8tStat Loc, State LH, NetScan & StateNet) 25 Find (ResultsPlus) 50 Find (ResultsPlus BriefsfTrial Documents) 80 Find (Briefs and Trial Documents) 65 Find (State Survey) 200 Find (Expert Witness) 50-125 Find (Dockets) 15 Find (Westtaw Tax) 12-22 Find by Title.. N/A .. Includes Find Charges for Previous SectionlNext Section ""'Find by Title creates a search query which will result in a search charge. No separate Find transactional charge will apply. See SUBSCRIBER Database for detailed pricing. C. Online Citation Checking Charges Citation Service Charge Per Citation KeyC"e $6.25 RIA-Cite 6.25 QuickCiteQj) creates a search query which will result in a search charge. No separate online citation checking charges apply. No offline transmission charges apply. O. QUOTE Charge. $ .15 per entry E. Dpcument Display Graphical Statutes Profiler Litigation History Reports People Finder Reports Summary & Sources Summary Case Evaluator Reports Combined Reports Individual Report Expert Investigation Reports Expert Challenge Report Expert Compare Report Expert Evaluator Report 2010-4 $15.00 per document 75.00 per document $50.00 per report viewed $25.00 per report viewed $180.00 per report viewed $75.00 per report viewed $300.00 per report viewed $150.00 per report viewed $75.00 per report viewed Offline Transmission Charges A user may elect either per line or per document offline transmission billing in the Options Directory. Such election will be effective for all subsequent sessions unless the election is changed. Offline transmission charges apply to all printing and downloading to storage devices and facsimile machines. unless otherwise indicated. Rate Rate Per Per Line Document 5. Westlaw Public Records Databases Briefs Selected databases All other databases 6. $.04 .04 up to .65 .04 $5 20 up to 50 10 Training Charges Training and technical support charges are as set forth on the Order Form. 7, WestCheck~ and flnd&print.com Charges Citation Service Charge Per Citation KeyCile $6.25 Table of Authorilies 1,00 QuoteRight™ 7.00 Find 13.00 - 225.00 Find (Selected databases) 23.00 - 70.00 Content Verification .50 No offline transmission charges apply. 8. Alert Services Charges WESTClip Non.continuous Clipping Continuous Clipping BNA Clipping KeyCile Alert Non.continuous Clipping Continuous Clipping KeyRules Alert $0 $4.50 per day per search $14.00 per transaction $7.00 per transaction $9.00 per day per transaction $6.00 per transaction Database charges apply to the online display of WestClip and Docket Alert results. Find charges and charges associated with documents viewed from KeyCite Alert and Docket Alert results shall apply. Connect time and communications charges do not apply during transactional billing sessions. Offline transmission charges do not apply to WestClip cite lists (excluding BNA) or KeyCite Alert. 9. Westlaw Public Records Charges The Scope screen for each Westlaw Public Records Database lists its database classification for per minute billing. The search charge applicable to each westlaw Public Records Database is available in the SUBSCRIBER Database. Additional charges for third-party services may apply. The following transaction charges apply in addition to the per minute and transactional charges: Delaware Corporate Records D&B Alert 10/1/08 Charge Per Detail Record Viewed $9.00 Charge Per Entry $5.00 The following charges apply in lieu of per minute and transactional charges: Charge Per Document Duns Business Records Plus'" Business Record & Full Financial Business Information Report (domestic) Business Infonnation Report (international) Africa Middle East Asia Pacific Latin America Europe Canada Comprehensive Report Family Tree Report Business Record & Financial Abstract Business Record Business Abstract Family Member Profile Company Relations Per company-250 companies maximum (250 companies or more - no additional charge) Branch Locations 2.35 Per location-250 locations maximum (250 locations or more - no additional charge) *Minimum fee of $15.75 per search. $128.90 110.00 443,00 443.00 443.00 340.00 288.00 144.00 129.50 60.10 60.10 35.70 23.35 9.80 2.35 10. Company Profiles Database Charges Index Search $0 Company Profile 35 per report ResultsPlus 40 per report Offline transmission charges apply to citations list but do not apply to Company Profiles reports themselves. 11. Dockets Charges The following charges apply in lieu of per minute and transactional charges: Search $7 - 14 per transaction View document 5 per document Update document 2 - 8 per document Dockets Alert .., 5 per transaction Multi-Base Searches 20 - 145 per transaction Docket Tracking * 2 - 10 per transaction Case Calendaring Information Update 2 per transaction Tracking Service 1 per transaction Integration SelVice 1 per transaction Document retrieval services At then-current rates * limit of 99 alertsltracks per password 12. PDF Charges Attorney Medical Advantage $225.00 per image Blaussen Medical1llustration Standard Collection 250.00 per image Premier Collection 275.00 per image Experian Reports 8.00-44.95 per report BriefsfTrial Docs/State Surveys 65.00 per image DE Chancery Docket 65.00 per image Deed Image 25.00 per image Dockets PDF 4.00 per image Expert Witness/Courtroom Transcripts 65.00 per image Legal Due Diligence Reports 200.00 per image Investext 9.95 per page Real Property Parcel Maps 15.00 per image Patent Image 3.00 per image ResultsPlus Investext 14.95 per 11t page (Each additional page) 9.95 per page No offline transmission charges apply. 13. West Reporter Images West Reporter Images $16.00 per image No offline transmission charges apply. SAMine! 137.dot