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HomeMy WebLinkAboutRELX P-23-202.pdf Contract #P-23-202 LexisNexis Risk Solutions SCHEDULE A Accurint for Government (Per User Subscription) Customer Name: County of Fresno -Department of Public Health Billgroup#: ACC-1559012 LN Account Manager: Taylor Lipinski This Schedule A sets forth additional or amended terms and conditions for the use of the Accurint for Government services ("LN Services"), as set forth in the services agreement for the LN Services between Customer and the LexisNexis Risk Solutions entity as further defined therein ("Agreement"), to which this Schedule A is incorporated by reference. For purposes of the Agreement and this Schedule A, all LexisNexis Risk Solutions affiliates shall be individually and collectively referred to as "LN". The LN Services herein shall be provided by LexisNexis Risk Solutions FL Inc.. Customer acknowledges that the services provided under this Schedule A are non-FCRA services and are not "consumer reports" within the meaning of the FCRA and Customer agrees not to use such reports in any manner that would cause them to be characterized as "consumer reports". 1. SCHEDULE A TERM The term of this Schedule A will be 36 months beginning May 1, 2023 and ending April 30, 2026 (the "Initial Term"). Customer may elect to renew this Schedule A for up to two (2) optional 12-month periods (each one, a "Renewal Term") by providing 30 days' advance written notice to LN prior to the end of the Initial Term or then- current Renewal Term. In the event Customer does not provide such written notice, this Schedule A shall terminate. Any future renewal of the LN Services beyond April 30, 2028 will be stated and executed in a new Schedule A. If an account is activated after the first day of a calendar month, charges will not be pro-rated. 2. FEES 2.1 User Fees: The following table(the"Price Table")describes the agreed upon user fees (the"User Fees"): PRICE TABLE Standard Features Fee (per user): $100.00 Premium Features: Real Time Phone Search $25.00 Total Monthly User Fees (per user): $125.00 Minimum Number of Users 12 Total Monthly Minimum Amount $1,500.00 All of the searches and reports included in the attached Price Schedule are referred to as the "Features". The User Fees include unlimited access to all Features, excluding those Features identified herein as Excluded Features but including the Premium Features listed in the Price Table. User Fees shall be due each month for: (i) any User ID upon which any search occurs during a calendar month; and (ii) any User ID activated on Customer's account which was not used to perform any searches and is not suspended or terminated by the close of business on the last day of any calendar month. At the end of the Initial Term and each Renewal Term, User Fees will be increased 3%. 2.2 Features Not Included: The following Features ("Excluded Features") are not included in the User Fees and shall in all cases be charged separately according to the pricing specified in the attached Price Schedule: Bankruptcy Docket Sheet Bankruptcy Documents Business Link Report Page 1 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable,and may void this Schedule A at the option of LN. Contract #P-23-202 Canadian Phones Comprehensive Healthcare Business and Provider Report Contact Card Report Court Search Wizard Disclosed Entity Service Dun & Bradstreet Global Market Identifiers Dun & Bradstreet Search and Report DE Corporation Search and Report Email Search Premium FCRA Credit Reports Federal Civil Court Records Search Flat Rate Comprehensive Healthcare Business and Provider Report Government Location Report InstantlD Q&A Jail Booking Search & Report National Motor Vehicle Accident Search and Report News Searches Online Batch OSHA Investigative Reports Search Property Deed Image Provider Report Card Provider Sanction Search and Report Provider Search and Report Real Time Person Search Real Time Phone Search SEC Filings Virtual Identity Search and Report Workplace Locator XML LN standard pricing will be in effect for any new features made generally available by LN subsequent to the execution of this Schedule A. 2.3 Payment Amount: Customer shall pay to LN each month the greater of: (i) the total User Fees and applicable Excluded Features fees; or(ii)the total monthly minimum amount(s)of$1,500.00. 3. EXPIRATION Unless otherwise accepted by LN, the terms herein are valid if the Schedule A is signed by the Customer and received by LN on or before May 20, 2023. 4. CLOUD SERVICES LN is executing a multi-year plan to move certain LexisNexis Risk Solutions products and services to Microsoft Azure Cloud services. Should you have questions regarding this plan, please document and send them via email to cloudguestions(cDlexisnexisrisk.com. Page 2 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable,and may void this Schedule A at the option of LN. Contract #P-23-202 5. CONFIDENTIAL INFORMATION This Schedule A contains the confidential pricing information of LN. Customer acknowledges that the disclosure of such pricing information could cause competitive harm to LN, and as such, Customer agrees to maintain this Schedule A in trust and confidence and take reasonable precautions against disclosure to any third party to the extent permitted by local and state law. AGREED TO AND ACCEPTED BY: County of Fresno - Department of Public Health Gary Cornuelle Digitally signed by Gary Cornuelle Signed: Date:2023.05.08 10:56:10-07'00' Name: Gary Cornuelle Title: Purchasing Manager Date: LexisNexis: t Vendor:LexisNexis Risk Solutions FL Inc.Signed:Name: Haywood Talcove Title: CEO (LNSSI) Date: June 5, 2023 Page 3 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable,and may void this Schedule A at the option of LN. Contract #P-23-202 Accurint for Government (Updated April 7, 2023) (Plan 44) (Pricing is per hit unless otherwise indicated. All searches/reports with a price of$0.00 are considered "Standard Features" and are included in Subscription plan. PRICE SCHEDULE (Subscription) ACCURINT FOR GOVERNMENT FEATURES PRICE Advanced Motor Vehicle Search $0.00 Advanced Person Alerts Update $0.00 Advanced Person Search $0.00 Automated Valuation Model (AVM) Report $0.00 Associates ("Next Steps") $0.00 Bankruptcies, Liens &Judgments Search $0.00 Bankruptcy Search $0.00 Bankruptcy Report $0.00 Bankruptcy Docket Sheet($0.50 For First 5 Pages & $0.20 Per Page Thereafter) (not $0.50 discountable Bankruptcy Documents (Per Page, Up To Max Charge Of$6 Per Document) (not $0.20 discountable Boolean Search $0.00 Business Credit $0.00 Business Credit Report $0.00 Business InstantlD $0.00 Business InstantlD & FraudDefender $0.00 Business Search $0.00 Businesses In The News (not discountable) $5.00 Canadian Phones $0.40 Civil Courts Search (Report Included) $0.00 CLIA Report $0.00 Concealed Weapons Permit $0.00 Corporation Filings (Report Included Except In Delaware) $0.00 Court Search Wizard (Additional Fees May Apply; Orders Are Non-Refundable) -- -County Civil Lower& Upper Court- 7 Year (not discountable) $35.00 -County Civil Lower& Upper Court- 10 Year (not discountable) $40.00 -County Criminal -7 Year (not discountable) $25.00 -County Criminal - 10 Year (not discountable) $30.00 -Federal Division Civil - 7 Year (not discountable) $16.00 -Federal Division Civil - 10 Year(not discountable) $25.00 -Federal Division Criminal - 7 Year (not discountable) $16.00 -Federal Division Criminal - 10 Year (not discountable) $25.00 -Statewide Criminal (not discountable) $24.00 Criminal Records $0.00 Criminal Records Report $0.00 DEA Controlled Substances License Search $0.00 Death Records $0.00 Page 4 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Contract #P-23-202 Death Records Report $0.00 Delaware Corporations (not discountable) $1.00 Delaware Corporations Report (not discountable) $11.00 Disclosed Entity Service (charged per search) (not discountable) $5.00 Driver Licenses $0.00 Dun & Bradstreet Global Market Identifiers Search $3.75 Dun & Bradstreet Search (not discountable) $0.25 Dun & Bradstreet Report (not discountable) $3.75 Email Search Premium (not discountable) $0.40 FAA Aircraft (Report Included) $0.00 FAA Pilots (Report Included) $0.00 Federal Civil Court Records Search (charged per search) $2.00 Federal Criminal Court Records Search $0.00 Federal Firearms & Explosives $0.00 Federal Employer ID Numbers (FEIN) $0.00 Fictitious Business Name $0.00 Foreclosures Search (Report Included) $0.00 Hunting/Fishing Licenses $0.00 InstantlD Consumer Search $0.00 InstantlD Consumer& FraudDefender Search $0.00 InstantlD Q&A(charged per search) $1.30 Liens &Judgments $0.00 Liens & Judgments Report $0.00 Marriages/Divorces Search $1.00 Motor Vehicles Search $0.00 Motor Vehicles Report $0.00 National Motor Vehicle Accident Search & Report(not discountable) $3.00 National UCC Filings (Report Included) $0.00 NCPDP (National Council for Prescription Drug Programs) Search $0.00 NCPDP (National Council for Prescription Drug Programs) Report $0.00 Neighbors ("Next Steps") $0.00 NPI Report $0.00 OSHA Investigative Reports Search $1.00 Passport Validation $0.00 People At Work Search $0.00 People In The News (not discountable) $5.00 Person Alerts Monitoring (Monthly Monitoring Transactions Per Acct.) (Alerts Charged At Regular Price -1 - 50 $0.00 -51 -250 $0.00 -251 - 500 $0.00 -501 - 1,000 $0.00 -1,001 - 5,000 $0.00 -5,001 -25,000 $0.00 -25,001 - 100,000 $0.00 Page 5 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Contract #P-23-202 Professional Licenses (Report Included) $0.00 Property Deed Search $0.00 Property Assessment Search $0.00 Property Assessment Report $0.00 Property Deed Report (excluding Deed Image) $0.00 Property Deed Image (additional charge when ordered from within Property Reports) $8.00 not discountable Property Search (Property Assessments, Deeds & Mortgages) $0.00 Property Report (Property Assessments, Deeds & Mortgages, excluding Deed Image) $0.00 Provider Search $0.25 Provider Report $5.00 Provider Report Card (charged per search) $5.00 Provider Sanction Search (charged per search) $0.25 Provider Sanction Report $5.00 Real Time Person Search (charged per search) $3.50 Real Time Phone Search $0.50 Relatives ("Next Steps") $0.00 Relatives, Neighbors &Associates ("Next Steps") $0.00 Relavint Visual Link Analysis (Per Diagram) $0.00 Satellite Image Search $0.00 SEC Filings Search $3.50 Sexual Offenders (Report Included) $0.00 SIRIS $0.00 USA Patriot Act $0.00 Virtual Identity Search & Report $2.00 Voter Registrations $0.00 Watercraft $0.00 Watercraft Report $0.00 WorkPlace Locator(not discountable) $3.50 Reports Asset Report: Property Deeds &Assessments, Vehicle Registrations, Watercraft, FAA $0.00 Pilots, FAA Aircraft, and UCC Filings. Business Link Report(charged per search) $5.00 Comprehensive Report (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search, Driver's Licenses, Email Search Premium, FAA Aircraft, FAA Pilots, Federal Firearms & Explosives License Search, Hunting/Fishing Permits, Liens/Judgments, $0.00 National Motor Vehicle Accident Search & Report, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings, Vehicle Registrations, Voter Registration and Watercraft. Additional Report Options: -- -Real Time Phone Search (not discountable) $0.50 Contact Card Report: Summary Report: Names Associated with Subject, Contact List: At Home, At Work, Through Family, Through Associates, Through Neighbors, Possible $3.50 Relocation, Email Search Premium, Address Summary and Phones Plus (optional). Entitlement Report: Summary Report, Phones Plus, Bankruptcy, Liens/Judgments, $0.00 Page 6 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Contract #P-23-202 UCC Filings, People At Work, Driver's Licenses, Vehicle Registrations, Property, Watercraft, FAA Pilots, FAA Aircraft, Professional Licenses, Associates, Relatives (3 Degrees), Criminal Records And Sexual Offenders. Results Can Be Restricted By The User To Their Applicable Dates Of Interest. Finder Report: Address Summary, Others Using SSN, Date/Location Where SSN Issued, Phone Summary, Current Listed Phones, Unverified Phones With Type And Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), $0.00 Possible Associate Phones, Phones At Historical Addresses, Email Search Premium, Bankruptcy Filings And Corporate Affiliations. Government Location Report (charged per search) $1.00 Summary Report: Address Summary, Others Using SSN, Date/Location Where SSN Issued, Census Data, Bankruptcy Indicator, Property Indicator And Corporate $0.00 Affiliations Indicator. Comprehensive Address Report: (Base Report Features: Current And Previous $0.00 Residents And Phones At Address Additional Report Options: -- -Bankruptcy $0.00 -Businesses At Address $0.00 -Concealed Weapons Permit Search $0.00 -Criminal Records Search $0.00 -Criminal Records Report $0.00 -Driver Licenses At Address $0.00 -Hunting/Fishing License Search $0.00 -Liens And Judgments $0.00 -Motor Vehicles Registered At Address $0.00 -Neighborhood Profile (2010 Census) $0.00 -Neighbors At Address $0.00 -Property Ownership Current/ Previous $0.00 -Sexual Offenders Search (Report Included) $0.00 Comprehensive Business Report (Base Report Features: Name and TIN Variations, $0.00 Parent Company, and Industry Information Additional Report Options: -- -Associated Businesses $0.00 -Associated People $0.00 -Bankruptcy $0.00 -Business Registrations $0.00 -Corporation Filings $0.00 -Dun & Bradstreet Records (not discountable) $3.75 -FAA Aircraft $0.00 -IRS 5500 $0.00 -Liens and Judgments $0.00 -Motor Vehicles $0.00 -Properties $0.00 -UCC Filings $0.00 -Watercraft $0.00 Custom Comprehensive Report(Base Report Features: Others Using Same SSN, Date $0.00 and Location where SSN Issued, Company Header, Address Summary, Possible Page 7 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Contract #P-23-202 Education, Comprehensive Report Summary) Additional Report Options: -- -Associates $0.00 -Bankruptcy $0.00 -Criminal Records $0.00 -DEA Controlled Substances License Search $0.00 -Driver Licenses Information $0.00 -Email Search Premium (not discountable) $0.40 -Federal Firearms & Explosives License Search $0.00 -Liens And Judgments $0.00 -Motor Vehicle(s) Registration (Watercraft& Boat Trailers Included) $0.00 -National Motor Vehicle Accident Search & Report $0.00 -Neighborhood Profile (2010 Census) $0.00 -Neighbors (Up To 6 Neighbors At 10 Different Addresses) $0.00 -People At Work $0.00 -Phones Plus $0.00 -Professional Licenses (Report Included) $0.00 -Properties $0.00 -Real Time Phone Search (not discountable) $0.50 -Real Time Vehicle Registrations (charged per search) (not discountable) $3.50 -Relatives (Up to 3 Degrees of Separation) $0.00 -Sexual Offenders $0.00 -Supplemental Data Sources $0.00 -UCC Filings $0.00 Flat Rate Comprehensive Healthcare Business Report (includes Base Report Features $10.00 and Additional Report Options listed below Comprehensive Healthcare Business Report (Base Report Features: Name, Address $0.50 and Phone Variations; Parent Company, ID Numbers and Industry Information Additional Report Options: -- -Associated Businesses $1.00 -Associated People $1.00 -Bankruptcy (charged per search) $1.00 -Business Phone Matches $0.25 -Business Registrations $0.25 -Corporation Filings $1.00 -Dun & Bradstreet Records (not discountable) $3.75 -FAA Aircraft $0.25 -IRS 5500 $0.00 -Liens And Judgments (charged per search) $0.25 -Motor Vehicles $0.75 -Properties $1.00 -Sanctions $0.50 -UCC Filings $0.50 -Verification $0.75 -Watercraft $1.00 Page 8 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Contract #P-23-202 Flat Rate Comprehensive Healthcare Provider Report (includes Base Report Features $6.00 and Additional Report Options listed below Comprehensive Healthcare Provider Report (Base Report Features: Gender, Date of $0.50 Birth, Social Security Number, Tax ID s UPIN and NPI number Additional Report Options: -- -Additional Deceased Data Sources $0.00 -Associates $0.00 -Bankruptcy (charged per search) (not discountable) $0.25 -Business Address Summary $0.25 -Business Affiliations $0.50 -Business Phone Matches $0.25 -DEA Licenses $0.25 -Degrees $0.00 -Education $0.50 -Group Affiliations $0.50 -GSA Sanctions (charged per search) $0.50 -Hospital Affiliations $0.50 -Liens And Judgments (charged per search) $0.25 -Medical Licenses (charged per search) $1.00 -Possible Criminal Records (charged per search) $0.25 -Professional Licenses (charged per search) $1.00 -Sanctions (Disciplinary) (charged per search) $0.50 -Sexual Offenses (charged per search) $1.00 -Specialties $0.00 -Verification $0.75 Online Batch Advanced Person Search $0.50 Deceased Person $0.25 Address (Single) $0.13 Address (Multiple) $0.16 Waterfall Phones: Directory Assistance Match, Address And Name Variations, Co- Residents, Phones Plus & Relatives; Add-Ons Possible Relocation, Neighbors & $0.23 People At Work (Single) Waterfall Phones: Directory Assistance Match, Address And Name Variations, Co- Residents, Phones Plus & Relatives; Add-Ons Possible Relocation, Neighbors & $0.25 People At Work (Multiple) Waterfall Phone with Address (single) $0.25 Waterfall Phone with Address (multiple) $0.30 Address and/or Phone Confirmation (per input) (single) $0.03 Address and/or Phone Confirmation (per input) (multiple) $0.04 Phones Plus $0.50 Real Time Phone Search $0.50 Real Time Motor Vehicle Registrations $1.50 Property-Add Up To Five Properties Owned By The Subject $1.00 Consumer InstantlD $0.65 Consumer InstantlD With Fraud Defender $0.95 Page 9 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. Contract #P-23-202 Consumer InstantlD With Red Flags Rule $0.90 Business InstantlD $1.30 Business InstantlD With Fraud Defender $1.30 Multiple = 2 Or More Phones/Addresses Returned -- Page 10 of 10 Confidential 469643.1v2 Customized Schedule A Accurint for Government (Plan 44) (Optional Renewal) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable,and may void this Schedule A at the option of LN. Contract #P-23-202 LexisNexis Risk Solutions Government Application The information submitted on this Application will be used to determine the applicant's eligibility for accessing the services and products of LexisNexis Risk Solutions FL Inc.and its affiliates(hereinafter"LN"). To avoid delay, please provide all information requested. By submitting this Application,the applicant hereby authorizes LN to independently verify the information submitted and perform research about the individuals identified. Acceptance of this Application does not automatically create a business relationship between LN and the applicant. LN reserves the right to reject this Application with or without cause and to request additional information. Applicant acknowledges and understands that LN will only allow applicant access to the LN Services if applicant's credentials can be verified in accordance with LN's internal credentialing procedures. Section I—Agency Information—please . . not use abbreviations Full legal name of agency: Main phone number for address*: County of Fresno-Public Health Department 559-600-3200 If this is a cell,additional documents may be required If this application is for an additional account, Parent account number: Fax number: N/A 559-600-7687 Physical Address where LN services will be accessed— Previous address if at the current address less than 6 mos: P.O. Box/Mail Drops cannot be accepted(street,city,state,zip): 1221 Fulton Street, Fresno, CA 93721 Website address: External Agency IP Address(https://www.whatismylP.com): https://www.co.fresno.ca.us/departments/public-health 64.171.224.83 External Agency IP Range—From: External Agency IP Range—To: 64.171.224.1 & 144.86.170.1 64.171.227.255& 144.86.172.255 Agency information: ❑ Federal Government ❑ Federal Law Enforcement ❑✓ Local/Municipal Government ❑ State Government ❑ State Law Enforcement ❑ Local/Municipal Law Enforcement ❑ Other(please explain): Section 11—Administrator and Main Contact Information (for additional administrators,please provide additional sheets) Product Administrator or Main Contact(first&last name): Title: Tristan Barks Staff Analyst I E-Mail Address: Admin IP Address: tbarks@fresnocountyca.gov 64.171.224.83 Required for local and municipal agencies: Administrator Home Address(street,city,state,zip): Administrator Date of Birth: 1221 Fulton Street, Fresno, CA 93721 k2/17/1987 Section III—Billing Information Billing Contact(first&last name): check here if same as Administrator ❑ Title: Attn: Staff Analyst Billing Address(street,city,state,zip): Telephone: P.O. Box 11867, Fresno, CA 93775 559-600-6415 E-Mail Address: Sales Tax Exempt: dphboap@fresnocountyca.gov ✓❑ No ❑Yes—please provide proof of exemption Do you require a PO number on invoice: ✓❑ No ❑ Yes If Yes, provide PO Number: VendorSection IV—Business-to-Business Required for local and municipal agencies: Company Name: Contact: Best Buy Stores LP Mike Humpal Business Address(street,city,state,zip): Contact Phone Number: 7601 Penn Avenue South, Richfield, MN, 55423 912-292-0273 E-mail Address: Account Number(if applicable): mike.humpal@bestbuy.com LNRS Application Govt(Q1.15.v1) Confidential Page 1 of 2 Contract #P-23-202 Section V—Site Visits Site visits may be required to assure Applicant eligibility for LN products or services. By submitting this Application,Applicant agrees to authorize a site visit by LN or its approved third-party,and agrees to cooperate in its completion. If the contact for coordinating the site visit is not identified above as the Administrator,please provide the site visit contact's information below: Contact Name: Contact Phone: Same as Administrator above Contact Email Address: Signature HEREBY CERTIFY that I am authorized to execute this Application on behalf of the Agency listed above and that I have direct knowledge of the facts stated above. Applicant Signature: Digitally signed by Gary Cornuelle Date Signed: Gary C O rn U e I I e Date:2023.06.06 13:37:53-07'00' Applicant Name: Title: Gary Cornuelle Purchasing Manager t LNRS Application Govt(Q1.15.v1) Confidential Page 2 of 2 �e��e C, '*,, Contract #P-23-2TZ r6�i23 LexisNexis Master Terms & Con itions - Government These LexisNexis Master Terms & Conditions - Government (the "Master Terms") are entered into as of May 8,2023 (the "Effective Date'), by and between LexisNexis Risk Solutions FL Inc. ("LNRSFL"), with its principal place of business located at 1000 Alderman Drive, Alpharetta, Georgia 30005 and County of Fresno-Department of Public Health ("Customer"), with its principal place of business located at 1221 Fulton Street, Fresno, CA 93721 each individually referred to as the"Party"and collectively as the "Parties." These Master Terms govern the provision of the LN Services (as defined below) by LNRSFL and each of its respective Affiliates who provide LN Services under these Master Terms (collectively referred to as"LN"). WHEREAS, LNRSFL (or an Affiliate identified on a separate Schedule A) is the provider of certain data products, data applications and other related services (the"LN Services"); and WHEREAS, Customer is a company or government agency requesting such data and data related services and is desirous of receiving LN's capabilities; and WHEREAS, the Parties now intend for these Master Terms to be the master agreement governing the relationship between the Parties with respect to the LN Services as of the Effective Date. NOW, THEREFORE, LN and Customer agree to be mutually bound by the terms and conditions of these Master Terms, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows: 1. SCOPE OF SERVICES/CUSTOMER Customer agrees that, if LN determines or reasonably CREDENTIALING. Subject to the terms of separate suspects that continued provision of LN Services to addenda and pricing schedule(s), purchase orders or Customer entails a potential security risk, or that Customer statements of work for specific LN Services (each, a is in violation of any provision of these Master Terms or "Schedule A"), LN agrees to provide the LN Services law, LN may take immediate action, including, without described in such Schedule(s) A to Customer, subject to limitation, terminating the delivery of, and the license to the terms and conditions herein. Any reference in a use, the LN Services. Customer shall not access the LN Schedule A to a services agreement shall mean these Services from Internet Protocol addresses located outside Master Terms plus the applicable addendum or addenda. of the United States and its territories without LN's prior References to the LN Services shall also be deemed to written approval. Customer may not use the LN Services to include the data therein as well as any Software provided create a competing product. Customer shall comply with by LN. These Master Terms shall encompass any and all all laws, regulations and rules which govern the use of the delivery methods provided to Customer for the LN Services, LN Services and information provided therein. LN may at including, but not limited to, online, batch, XML, assisted any time mask or cease to provide Customer access to any searching, machine-to-machine searches, and any other LN Services or portions thereof which LN may deem, in means which may become available. Customer LN's sole discretion, to be sensitive or restricted acknowledges and understands that LN will only allow information. Customer access to the LN Services if Customer's credentials can be verified in accordance with LN's internal (ii) GLBA Data. Unless Customer has expressly opted credentialing procedures. The foregoing shall also apply to out of receiving such data, some of the information the addition of Customer's individual locations and/or contained in the LN Services is "nonpublic personal accounts. information,"as defined in the Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, 2. RESTRICTED LICENSE. LN hereby grants to the "GLBA"), and is regulated by the GLBA ("GLBA Customer a restricted license to use the LN Services, Data'. Customer shall not obtain and/or use GLBA Data subject to the restrictions and limitations set forth below: through the LN Services in any manner that would violate the GLBA, or any similar state or local laws, regulations and (i) Generally. LN hereby grants to Customer a rules. Customer acknowledges and agrees that it may be restricted license to use the LN Services solely for required to certify its permissible use of GLBA Data falling Customer's own internal business purposes. Customer within an exception set forth in the GLBA at the time it represents and warrants that all of Customer's use of the requests information in connection with certain LN Services LN Services shall be for only legitimate business purposes, and will recertify upon request by LN. Customer certifies including those specified by Customer in connection with a with respect to GLBA Data received through the LN specific information request, relating to its business and as Services that it complies with the Interagency Standards otherwise governed by the Master Terms. Customer shall for Safeguarding Customer Information issued pursuant to not use the LN Services for marketing purposes or resell or the GLBA. broker the LN Services to any third-party, and shall not use the LN Services for personal (non-business) purposes. (iii) DPPA Data. Unless Customer has expressly opted Customer shall not use the LN Services to provide data out of receiving such data, some of the information processing services to third-parties or evaluate data for contained in the LN Services is "personal information," as third-parties or, without LN's consent, to compare the LN defined in the Drivers Privacy Protection Act, (18 U.S.C. § Services against a third party's data processing services. 2721 et seq.) and related state laws (collectively, the LNRS Master Terms-Govt(Q2.17.v2)i Confidential Page 1 of 8 Contract #P-23-202 "DPPA'O, and is regulated by the DPPA ("DPPA Data'. Customer will execute an FCRA Addendum to the Master Customer shall not obtain and/or use DPPA Data through Terms. The FCRA product will be delivered by an affiliate the LN Services in any manner that would violate the of LNRSFL, LexisNexis Risk Solutions Inc., in accordance DPPA. Customer acknowledges and agrees that it may be with the terms and conditions of the Master Terms. required to certify its permissible use of DPPA Data at the time it requests information in connection with certain LN (vi) Social Security and Driver's License Numbers. LN Services and will recertify upon request by LN. may in its sole discretion permit Customer to access full social security numbers (nine (9) digits) and driver's license (iv) Non-FCRA Use Restrictions. The LN Services numbers (collectively, "QA Data' . If Customer is described in a Schedule A (as defined in these Master authorized by LN to receive QA Data,and Customer obtains Terms) as Non-FCRA are not provided by "consumer QA Data through the LN Services, Customer certifies it will reporting agencies," as that term is defined in the Fair not use the QA Data for any purpose other than as Credit Reporting Act (15 U.S.C. § 1681, et seq.) ("FCRA') expressly authorized by LN policies, the terms and and do not constitute "consumer reports," as that term is conditions herein, and applicable laws and regulations. In defined in the FCRA (the "Non-FCRA LN Services"). addition to the restrictions on distribution otherwise set Accordingly, the Non-FCRA LN Services may not be used in forth in Paragraph 3 below, Customer agrees that it will not whole or in part as a factor in determining eligibility for permit QA Data obtained through the LN Services to be credit, insurance, employment or another purpose in used by an employee or contractor that is not an connection with which a consumer report may be used Authorized User with an Authorized Use. Customer agrees under the FCRA. Further, (A) Customer certifies that it will it will certify, in writing, its uses for QA Data and recertify not use any of the information it receives through the Non- upon request by LN. Customer may not, to the extent FCRA LN Services to determine, in whole or in part an permitted by the terms of these Master Terms, transfer QA individual's eligibility for any of the following products, Data via email or ftp without LN's prior written consent. services or transactions: (1) credit or insurance to be used However, Customer shall be permitted to transfer such primarily for personal, family or household purposes; (2) information so long as: 1) a secured method (for example, employment purposes; (3) a license or other benefit sftp) is used, 2) transfer is not to any third-party, and 3) granted by a government agency; or(4)any other product, such transfer is limited to such use as permitted under service or transaction in connection with which a consumer these Master Terms. LN may at any time and for any or no report may be used under the FCRA or any similar state reason cease to provide or limit the provision of QA Data to statute, including without limitation apartment rental, Customer. check-cashing, or the opening of a deposit or transaction account; (B) by way of clarification, without limiting the (vii) Copyrighted and Trademarked Materials. foregoing, Customer may use, except as otherwise Customer shall not remove or obscure any trademarks, prohibited or limited by the Master Terms, information copyright notices or other notices contained on materials received through the Non-FCRA LN Services for the accessed through the LN Services. following purposes: (1) to verify or authenticate an individual's identity; (2) to prevent or detect fraud or other (viii) Additional Terms. To the extent that the LN unlawful activity; (3) to locate an individual; (4) to review Services accessed by Customer include information or data the status of a legal proceeding; (5) to determine whether described in the Risk Supplemental Terms contained at: to buy or sell consumer debt or a portfolio of consumer www.lexisnexis.com/terms/risksur)p, Customer agrees to debt in a commercial secondary market transaction, comply with the Risk Supplemental Terms set forth therein. provided that such determination does not constitute in Additionally, certain other information contained within the whole or in part, a determination of an individual LN Services is subject to additional obligations and consumer's eligibility for credit or insurance to be used restrictions. These services include, without primarily for personal, family or household purposes; (C) limitation, news, business information, and federal specifically, if Customer is using the Non-FCRA LN Services legislative and regulatory materials. To the extent that in connection with collection of a consumer debt on its own Customer receives such news, business information, and behalf,or on behalf of a third-party, Customer shall not use federal legislative and regulatory materials through the LN the Non-FCRA LN Services: (1) to revoke consumer credit; Services, Customer agrees to comply with the Terms and (2) to accelerate, set or change repayment terms; or (3) Conditions contained at: for the purpose of determining a consumer's eligibility for htti)://www.lexisnexis.com/terms/general.asi)x (the "L&P any repayment plan; provided, however, that Customer Terms'). The Risk Supplemental Terms and the L&P may, consistent with the certification and limitations set Terms are hereby incorporated into these Master Terms by forth in this Section, use the Non-FCRA LN Services for reference. In the event of a direct conflict between these identifying, locating, or contacting a consumer in Master Terms, the Risk Supplemental Terms, and the L&P connection with the collection of a consumer's debt or for Terms, the order of precedence shall be as follows: these prioritizing collection activities; and (D) Customer shall not Master Terms, the Risk Supplemental Terms and then the use any of the information it receives through the Non- L&P Terms. FCRA LN Services to take any "adverse action," as that term is defined in the FCRA. (ix) MVR Data. If Customer is permitted to access Motor Vehicle Records ("MVR Data') from LN, without in (v) FCRA Services. If a Customer desires to use a any way limiting Customer's obligations to comply with all product described in a Schedule A as an FCRA product, state and federal laws governing use of MVR Data, the LNRS Master Terms-Govt(Q2.17.v2)i Confidential Page 2 of 8 Contract #P-23-202 following specific restrictions apply and are subject to the rights of others, or programs that place undue burdens change: on the operation of the Software, or (c) interfere with or (a) Customer shall not use any MVR Data disrupt the integrity or performance of the Software or data provided by LN, or portions of information contained therein. The use of the Software will be subject contained therein, to create or update a file to any other restrictions (such as number of users, that Customer uses to develop its own source features, or duration of use) agreed to by the parties or as of driving history information. set forth in a Schedule A. (b) As requested by LN, Customer shall complete any state forms that LN is legally or 3. SECURITY. Customer acknowledges that the contractually bound to obtain from Customer information available through the LN Services may include before providing Customer with MVR Data. personally identifiable information and it is Customer's (c) Upon advanced written notice to Customer, obligation to keep all such accessed information LN (and certain Third-Party vendors) may confidential and secure. Accordingly, Customer shall (a) conduct reasonable and periodic audits of restrict access to LN Services to those employees who have Customer's use of MVR Data. In response to a need to know as part of their official duties; (b) ensure any such audit, Customer must be able to that none of its employees shall (i) obtain and/or use any substantiate the reason for each MVR Data information from the LN Services for personal reasons, or order. (ii) transfer any information received through the LN Services to any party except as permitted hereunder; (c) (x) HIPAA. Customer represents and warrants that keep all user identification numbers, and related Customer will not provide LN with any Protected Health passwords, or other security measures (collectively, "User Information (as that term is defined in 45 C.F.R. Sec. IDs') confidential and prohibit the sharing of User IDs; (d) 160.103) or with Electronic Health Records or Patient immediately deactivate the User ID of any employee who Health Records (as those terms are defined in 42 U.S.C. no longer has a need to know,or for terminated employees Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) on or prior to the date of termination; (e) in addition to any or with information from such records without the obligations under Paragraph 2, take all commercially execution of a separate agreement between the parties. reasonable measures to prevent unauthorized access to, or use of, the LN Services or data received therefrom, (xi) Economic Sanctions Laws. Customer whether the same is in electronic form or hard copy, by acknowledges that LN is subject to economic sanctions any person or entity; (f) maintain and enforce data laws, including but not limited to those enforced by the destruction procedures to protect the security and U.S. Department of the Treasury's Office of Foreign Assets confidentiality of all information obtained through LN Control ("OFAC'�, the European Union, and the United Services as it is being disposed; (g) purge all information Kingdom. Accordingly, Customer shall comply with all received through the LN Services within ninety(90)days of economic sanctions laws of the United States, the initial receipt; provided that Customer may extend such European Union, and the United Kingdom. Customer shall period if and solely to the extent such information is not provide access to LN Services to any individuals retained thereafter in archival form to provide documentary identified on OFAC's list of Specially Designated Nationals support required for Customer's legal or regulatory ("SDN List'), the UK's HM Treasury's Consolidated List of compliance efforts; (h) be capable of receiving the LN Sanctions Targets, or the EU's Consolidated List of Persons, Services where the same are provided utilizing "secure Groups, and Entities Subject to EU Financial Sanctions. socket layer," or such other means of secure transmission Customer shall not take any action which would place LN in as is deemed reasonable by LN; (i) not access and/or use a position of non-compliance with any such economic the LN Services via mechanical, programmatic, robotic, sanctions laws. scripted or other automated search means, other than through batch or machine-to-machine applications (xii) Retention of Records. For uses of GLB Data, approved by LN; 0) take all steps to protect their networks DPPA Data and MVR Data, as described in Sections 2(ii), and computer environments, or those used to access the 2(iii)and 2(vii), Customer shall maintain for a period of five LN Services, from compromise; (k) on at least a quarterly (5) years a complete and accurate record (including basis, review searches performed by its User IDs to ensure consumer identity, purpose and, if applicable, consumer that such searches were performed for a legitimate authorization) pertaining to every access to such data. business purpose and in compliance with all terms and conditions herein; and (1) maintain policies and procedures (xiii) Software. To the extent that Customer is using to prevent unauthorized use of User IDs and the LN software provided by LN ("Software'), whether hosted by Services. Customer will immediately notify LN, by written LN or installed on Customer's equipment, such Software notification to the LN Information Assurance and Data shall be deemed provided under a limited, revocable Protection Organization at 1000 Alderman Drive, license, for the sole purpose of using the LN Services. In Alpharetta, Georgia 30005 and by email addition, the following terms apply: Customer shall not (a) (security.investigations@lexisnexis.com) and by phone (f- use the Software to store or transmit infringing, libelous, or 888-872-5375), if Customer suspects, has reason to believe otherwise unlawful or tortuous material, or to store or or confirms that a User ID or the LN Services (or data transmit material in violation of third-party privacy rights, derived directly or indirectly therefrom) is or has been lost, (b) use the Software to store or transmit spyware, adware, stolen, compromised, misused or used, accessed or other malicious programs or code, programs that infringe acquired in an unauthorized manner or by any LNRS Master Terms-Govt(Q2.17.v2)& Confidential Page 3 of 8 Contract #P-23-202 unauthorized person, or for any purpose contrary to the materials and features to, and to discontinue offering any terms and conditions herein. To the extent permitted of the materials and features that are currently a part of, under applicable law, Customer shall remain solely liable the LN Services. In the event that LN discontinues a for all costs associated therewith and shall further material portion of the materials and features that reimburse LN for any expenses it incurs due to Customer's Customer regularly uses in the ordinary course of its failure to prevent such impermissible use or access of User business, and such materials and features are part of a flat IDs and/or the LN Services, or any actions required as a fee subscription plan to which Customer has subscribed, LN result thereof. Furthermore, in the event that the LN will, at Customer's option, issue a prorated credit to Services provided to the Customer include personally Customer's account. identifiable information (including, but not limited to, social security numbers, driver's license numbers or dates of 5. PRICING SCHEDULES. Upon acceptance by the birth), the following shall apply: Customer acknowledges LN Affiliate(s) set forth on an applicable Schedule A, such that, upon unauthorized acquisition or access of or to such LN Affiliate(s) shall provide the LN Services requested by personally identifiable information, including but not limited Customer and set forth in one (1) or more Schedules A to that which is due to use by an unauthorized person or attached hereto or subsequently incorporated by reference, due to unauthorized use (a "Security Event"), Customer for the fees listed on such schedules. The fees listed on a shall, in compliance with law, notify the individuals whose Schedule A may be updated from time-to-time by notice to information was potentially accessed or acquired that a Customer. All current and future pricing documents and Security Event has occurred, and shall also notify any other Schedule(s) A are deemed incorporated herein by parties (including but not limited to regulatory entities and reference. credit reporting agencies) as may be required in LN's reasonable discretion. Customer agrees that such 6. INTELLECTUAL PROPERTY, notification shall not reference LN or the product through CONFIDENTIALITY. Customer agrees that Customer which the data was provided, nor shall LN be otherwise shall not reproduce, retransmit, republish, or otherwise identified or referenced in connection with the Security transfer for any commercial purposes the LN Services. Event, without LN's express written consent. Customer Customer acknowledges that LN (and/or its third party data shall be solely responsible for any other legal or regulatory providers) shall retain all right, title, and interest under obligations which may arise under applicable law in applicable contractual, copyright, patent, trademark, Trade connection with such a Security Event and shall bear all Secret and related laws in and to the LN Services and the costs associated with complying with legal and regulatory information that they provide. Customer shall use such obligations in connection therewith. To the extent materials in a manner consistent with LN's interests and permitted under applicable law, Customer shall remain the terms and conditions herein, and shall promptly notify solely liable for claims that may arise from a Security LN of any threatened or actual infringement of LN's rights. Event, including, but not limited to, costs for litigation Customer and LN acknowledge that they each may have (including attorneys' fees), and reimbursement sought by access to confidential information of the disclosing party individuals, including but not limited to, costs for credit ("Disclosing Party') relating to the Disclosing Parry's monitoring or allegations of loss in connection with the business including, without limitation, technical, financial, Security Event. Customer shall provide samples of all strategies and related information, computer programs, proposed materials to notify consumers and any third- algorithms, know-how, processes, ideas, inventions parties, including regulatory entities, to LN for review and (whether patentable or not), schematics,Trade Secrets (as approval prior to distribution. In the event of a Security defined below) and other information (whether written or Event, LN may, in its sole discretion, take immediate oral), and in the case of LN's information, product action, including suspension or termination of Customer's information, pricing information, product development account, without further obligation or liability of any kind. plans, forecasts, the LN Services, and other business information ("Confidential Information'l. Confidential 4. PERFORMANCE. LN will use commercially Information shall not include information that: (i) is or reasonable efforts to deliver the LN Services requested by becomes (through no improper action or inaction by the Customer and to compile information gathered from Receiving Party (as defined below)) generally known to the selected public records and other sources used in the public; (ii) was in the Receiving Parry's possession or provision of the LN Services; provided, however, that the known by it prior to receipt from the Disclosing Party; (iii) Customer accepts all information "AS IS". Customer was lawfully disclosed to Receiving Party by a third-party acknowledges and agrees that LN obtains its data from and received in good faith and without any duty of third party sources, which may or may not be completely confidentiality by the Receiving Party or the third-party; or thorough and accurate, and that Customer shall not rely on (iv) was independently developed without use of any LN for the accuracy or completeness of information Confidential Information of the Disclosing Party by supplied through the LN Services. Without limiting the employees of the Receiving Party who have had no access foregoing,the criminal record data that may be provided as to such Confidential Information. "Trade Secret"shall be part of the LN Services may include records that have been deemed to include any information which gives the expunged, sealed, or otherwise have become inaccessible Disclosing Party an advantage over competitors who do not to the public since the date on which the data was last have access to such information as well as all information updated or collected. Customer understands that Customer that fits the definition of "trade secret" set forth under may be restricted from accessing certain LN Services which applicable law. Each receiving party ("Receiving Party') may be otherwise available. LN reserves the right to add agrees not to divulge any Confidential Information or LNRS Master Terms-Govt(Q2.17.v2)i Confidential Page 4 of 8 Contract #P-23-202 information derived therefrom to any third-party and shall during such periods of time during which LN is providing protect the confidentiality of the Confidential Information services for Customer (the "Term'; provided, however, with the same degree of care it uses to protect the that any term provided on a Schedule A (the"Schedule A confidentiality of its own confidential information and trade Term') shall apply to the LN Services provided under such secrets, but in no event less than a reasonable degree of Schedule A until the expiration of that Schedule A Term. care. Notwithstanding the foregoing, the Receiving Party Upon expiration of any Schedule A Term, these Master may disclose Confidential Information solely to the extent Terms shall continue in effect for so long as LN is providing required by subpoena, court order or other governmental services for Customer. authority, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such subpoena, 10. TERMINATION. Either party may terminate court order or other governmental authority so as to allow these Master Terms at any time for any reason,except that the Disclosing Party to have an opportunity to obtain a Customer shall not have the right to terminate these protective order to prohibit or restrict such disclosure at its Master Terms to the extent a Schedule A provides for a sole cost and expense. Confidential Information disclosed Schedule A Term or otherwise sets forth Customer's pursuant to subpoena, court order or other governmental minimum financial commitment. authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party's 11. GOVERNING LAW. In the event that Customer obligations with respect to Confidential Information shall is a government agency, these Master Terms shall be continue for the term of these Master Terms and for a governed by and construed in accordance with the state or period of five (5) years thereafter, provided however, that federal law(s) applicable to such agency, irrespective of with respect to Trade Secrets,each parry's obligations shall conflicts of law principles. If the Customer is not a continue for so long as such Confidential Information government agency,these Master Terms shall be governed continues to constitute a Trade Secret. Notwithstanding the by the laws of the State of Georgia, irrespective of conflicts foregoing, if Customer is bound by the Freedom of of law principles. Information Act, 5 U.S.C. 552, or other federal, state, or municipal open records laws or regulations which may 12. ASSIGNMENT. Neither these Master Terms nor require disclosure of information, and disclosure thereunder the license granted herein may be assigned by Customer, is requested, Customer agrees that it shall notify LN in in whole or in part, without the prior written consent of LN. writing and provide LN an opportunity to object, if so The dissolution, merger, consolidation, reorganization, sale permitted thereunder, prior to any disclosure. or other transfer of assets, properties, or controlling interest of twenty percent(20%)or more of Customer shall 7. PAYMENT OF FEES. Customer shall pay LN the be deemed an assignment for the purposes of these Master fees described on the applicable Schedule A. Customer Terms. Any assignment without the prior written consent shall be responsible for payment of the applicable fees for of LN shall be void. all services ordered by Customer or otherwise obtained through Customer's User IDs, whether or not such User ID 13. DISCLAIMER OF WARRANTIES. LN (SOLELY is used by Customer or a third-party, provided access to FOR PURPOSES OF INDEMNIFICATION, DISCLAIMER OF the User ID is not the result of use by a person formerly or WARRANTIES, AND LIMITATION ON LIABILITY, LN, ITS presently employed by LN (and not employed by Customer SUBSIDIARIES AND AFFILIATES, AND ITS DATA at the time of the use) or who obtains the User ID by or PROVIDERS ARE COLLECTIVELY REFERRED TO AS "LN'� through a break-in or unauthorized access of LN's offices, DOES NOT MAKE AND HEREBY DISCLAIMS ANY premises, records, or documents. Customer agrees that it WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO may be electronically invoiced for those fees. Payments THE LN SERVICES. LN DOES NOT WARRANT THE must be received by LN within thirty (30) days of the CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR invoice date. Any balance not timely paid will accrue FITNESS FOR A PARTICULAR PURPOSE OF THE LN interest at the rate of eighteen percent (18%) per annum SERVICES OR INFORMATION PROVIDED THEREIN. Due to or the highest rate allowed by applicable law, whichever is the nature of public record information, the public records less. and commercially available data sources used in the LN Services may contain errors. Source data is sometimes 8. APPROPRIATION OF FUNDS. If sufficient reported or entered inaccurately, processed poorly or funds are not appropriated or allocated for payment under incorrectly, and is generally not free from defect. The LN this Agreement for any current or future fiscal period, then Services are not the source of data, nor are they a Customer may, at its option, terminate this Agreement on comprehensive compilation of the data. Before relying on the last day of any calendar month, upon ten (10) days any data, it should be independently verified. prior written notice to LN, without future obligations, liabilities or penalties, except that Customer shall remain 14. LIMITATION OF LIABILITY. Neither LN, nor liable for amounts due up to the time of termination. In its subsidiaries and affiliates, nor any third-party data addition, Customer shall certify and warrant in writing that provider shall be liable to Customer (or to any person sufficient funds have not been appropriated to continue the claiming through Customer to whom Customer may have Agreement for the next fiscal year. provided data from the LN Services) for any loss or injury arising out of or caused in whole or in part by use of the 9. TERM OF AGREEMENT.These Master Terms are LN Services. If, notwithstanding the foregoing, liability can for services rendered and shall be in full force and effect be imposed on LN, Customer agrees that LN's aggregate LNRS Master Terms-Govt(Q2.17.v2)i Confidential Page 5 of 8 Contract #P-23-202 liability for any and all losses or injuries arising out of any Services; or (C)terminate these Master Terms and refund act or omission of LN in connection with anything to be any fees relating to the future use of the LN Services. The done or furnished under these Master Terms, regardless of foregoing remedies constitute Customer's sole and the cause of the loss or injury, and regardless of the nature exclusive remedies and LN's entire liability with respect to of the legal or equitable right claimed to have been infringement claims or actions. violated, shall never exceed the amount of fees actually paid by Customer to LN under this Agreement during the 16. SURVIVAL OF AGREEMENT. Provisions hereof six (6) month period preceding the event that gave rise to related to release of claims; indemnification; use and such loss or injury. Customer covenants and promises protection of LN Services; payment for the LN Services; that it will not sue LN for an amount greater than such sum audit; LN's use and ownership of Customer's search inquiry even if Customer and/or third-parties were advised of the data; disclaimer of warranties and other disclaimers; possibility of such damages and that it will not seek security; customer data and governing law shall survive punitive damages in any suit against LN. IN NO EVENT any termination of the license to use the LN Services. SHALL LN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER 17. AUDIT. Customer understands and agrees that, ARISING, INCURRED BY CUSTOMER. in order to ensure compliance with the FCRA, GLBA, DPPA, other similar state or federal laws, regulations or rules, 15. INDEMNIFICATION.To the extent permitted by regulatory agency requirements of these Master Terms, applicable law, Customer hereby agrees to protect, LN's obligations under its contracts with its data providers, indemnify, defend, and hold harmless LN from and against and LN's internal policies, LN may conduct periodic reviews any and all costs, claims, demands, damages, losses, and and/or audits of Customer's use of the LN Services. liabilities (including attorneys' fees and costs) arising from Customer agrees to cooperate fully with any and all audits or in any way related to any third-party claim based upon and to respond to any such audit inquiry within ten (10) (a) use of information received by Customer (or any third- business days, unless an expedited response is required. party receiving such information from or through Violations discovered in any review and/or audit by LN will Customer) furnished by or through LN; (b) breach of any be subject to immediate action including, but not limited terms, conditions, representations or certifications in these to, suspension or termination of the license to use the LN Master Terms; and (c) any Security Event. LN hereby Services, reactivation fees, legal action, and/or referral to agrees to protect, indemnify, defend, and hold harmless federal or state regulatory agencies. Customer from and against any and all costs, claims, demands, damages, losses, and liabilities (including 18. EMPLOYEE TRAINING. Customer shall train attorneys' fees and costs) arising from or in connection new employees prior to allowing access to LN Services on with any third-party claim that the LN Services, when used Customer's obligations under these Master Terms, in accordance with these Master Terms, infringe a United including, but not limited to,the licensing requirements and States patent or United States registered copyright, subject restrictions under Paragraph 2, the security requirements to the following: (i) Customer must promptly give written of Paragraph 3 and the privacy requirements in Paragraph notice of any claim to LN; (ii) Customer must provide any 23. Customer shall conduct a similar review of its assistance which LN may reasonably request for the obligations under these Master Terms with existing defense of the claim (with reasonable out of pocket employees who have access to LN Services no less than expenses paid by LN); and (iii) LN has the right to control annually. Customer shall keep records of such training. the defense or settlement of the claim; provided, however, that the Customer shall have the right to participate in, but 19. TAXES. The charges for all LN Services are not control, any litigation for which indemnification is exclusive of any state, local, or otherwise applicable sales, sought with counsel of its own choosing, at its own use, or similar taxes. If any such taxes are applicable, they expense. Notwithstanding the foregoing, LN will not have shall be charged to Customer's account. any duty to indemnify, defend or hold harmless Customer with respect to any claim of infringement resulting from 20. CUSTOMER INFORMATION. Customer certifies (1)Customer's misuse of the LN Services; (2) Customer's that Customer has not been the subject of any proceeding failure to use any corrections made available by LN; regarding any trust-related matter including, but not (3)Customer's use of the LN Services in combination with limited to, fraud, counterfeiting, identity theft and the like, any product or information not provided or authorized in and that Customer has not been the subject of any civil, writing by LN; or (4)any information, direction, criminal or regulatory matter that would create an specification or materials provided by Customer or .any enhanced security risk to LN, the LN Services or the data, third-party. If an injunction or order is issued restricting including but not limited to, any matter involving potential the use or distribution of any part of the LN Services, or if violations of the GLBA, the DPPA, the FCRA, the Fair Debt LN determines that any part of the LN Services is likely to Collection Practices Act ("FDCPA') (15 U.S.C. § 1692- become the subject of a claim of infringement or violation 1692p) or any other similar legal or regulatory guidelines. of any proprietary right of any third-party, LN may in its If any such matter has occurred, Customer shall attach a sole discretion and at its option (A) procure for Customer signed statement, along with all relevant supporting the right to continue using the LN Services; (B) replace or documentation, providing all details of this matter prior to modify the LN Services so that they become non-infringing, execution of this Agreement. Customer shall notify LN provided such modification or replacement does not immediately of any changes to the information on materially alter or affect the use or operation of the LN Customer's Application for the LN Services, and, if at any LNRS Master Terms-Govt(Q2.17.v2)& Confidential Page 6 of 8 Contract #P-23-202 time Customer no longer meets LN's criteria for providing applicable agency, strikes, lockouts, riots, acts of war, service, LN may terminate this agreement. Customer is floods, earthquakes,fires, and explosions. required to promptly notify LN of a change in ownership of Customer, any change in the name of Customer, and/or 26. LN AFFILIATES. Customer understands that LN any change in the physical address of Customer. Services furnished under these Master Terms may be provided by LNRSFL and/or by one of its Affiliates, as 21. RELATIONSHIP OF PARTIES. None of the further detailed in a separate Schedule A and addendum to parties shall, at any time, represent that it is the authorized these Master Terms. The specific LN entity furnishing the agent or representative of the other. LN's relationship to LN Services to Customer will be the sole LN entity Customer in the performance of services pursuant to this satisfying all representations, warranties, covenants and Agreement is that of an independent contractor. obligations hereunder, as they pertain to the provision of such LN Services. Therefore, Customer hereby expressly 22. CHANGE IN AGREEMENT. By receipt of the LN acknowledges and agrees that it will seek fulfillment of any Services, Customer agrees to, and shall comply with, and all LN obligations only from the applicable LN entity changes to the restricted license granted to Customer and the other LN entities shall not be a guarantor of said hereunder and as LN shall make from time to time by LN entity's performance obligations hereunder. notice to Customer. Notices to Customer will be provided via written communication. All e-mail notifications shall be 27. CUSTOMER SUBSIDIARIES. LN may provide sent to the individual named in the Customer Administrator the LN Services to Customer's wholly owned subsidiaries Contact Information section of the Application, unless ("Subsidiaries'), in LN' sole discretion, subject to the stated otherwise. LN may, at any time, impose restrictions Subsidiaries' completion of LN's credentialing process and and/or prohibitions on the Customer's use of some or all of any applicable paperwork. Customer assumes full the LN Services. Customer understands that such responsibility for such Subsidiaries. restrictions or changes in access may be the result of a modification in LN policy, a modification of third-party 28. MISCELLANEOUS. If any provision of these agreements, a modification in industry standards, a Master Terms or any exhibit shall be held by a court of Security Event or a change in law or regulation, or the competent jurisdiction to be contrary to law, invalid or interpretation thereof. Upon written notification by LN of otherwise unenforceable, such provision shall be changed such restrictions, Customer agrees to comply with such and interpreted so as to best accomplish the objectives of restrictions. the original provision to the fullest extent allowed by law, and in any event the remaining provisions of these Master 23. PRIVACY PRINCIPLES. With respect to Terms shall remain in full force and effect. The failure or personally identifiable information regarding consumers, delay by LN in exercising any right, power or remedy under the parties further agree as follows: LN has adopted the this Agreement shall not operate as a waiver of any such "LN Data Privacy Principles" ("Principles"), which may be right, power or remedy. The headings in these Master modified from time to time, recognizing the importance of Terms are inserted for reference and convenience only and appropriate privacy protections for consumer data, and shall not enter into the interpretation hereof. Customer agrees that Customer (including its directors, officers, employees or agents) will comply with the 29• ENTIRE AGREEMENT. Except as otherwise Principles or Customer's own comparable privacy principles, provided herein, these Master Terms constitute the final policies, or practices. The Principles are available at written agreement and understanding of the parties with http://www.lexisnexis.com/privacy/data-privacy- respect to terms and conditions applicable to all LN principles.aspx. Services. These Master Terms shall supersede all other representations, agreements, and understandings, whether oral or written, which relate to the use of the LN Services 24. PUBLICITY. Customer will not name LN or refer and all matters within the scope of these Master Terms. to its use of the LN Services in any press releases, Without limiting the foregoing, the provisions related to advertisements, promotional or marketing materials, or confidentiality and exchange of information contained in make any other third-party disclosures regarding LN or these Master Terms shall, with respect to the LN Services Customer's use of the LN Services. and all matters within the scope of these Master Terms, 25. FORCE MAJEURE. The parties will not incur any supersede any separate non-disclosure agreement that is liability to each other or to any other party on account of or may in the future be entered into by the parties hereto.Any additional, supplementary, or conflicting terms any loss or damage resulting from any delay or failure to supplied by the Customer, including those contained in perform all or any part of these Master Terms (except for purchase orders or confirmations issued by the Customer, payment obligations) to the extent such delay or failure is are specifically and expressly rejected by LN unless LN caused, in whole or in part, by events, occurrences, or expressly agrees to them in a signed writing. The terms causes beyond the control, and without the negligence of, contained herein shall control and govern in the event of a the parties. Such events, occurrences, or causes include, conflict between these terms and any new, other, or without limitation, acts of God, telecommunications different terms in any other writing. These Master Terms outages, Internet outages, power outages, any irregularity can be executed in counterparts, and faxed or electronic in the announcing or posting of updated data files by the signatures will be deemed originals. LNRS Master Terms-Govt(Q2.17.v2) Confidential Page 7 of 8 Contract #P-23-202 AUTHORIZATION AND ACCEPTANCE OF TERMS I HEREBY CERTIFY that I am executing these Master Terms as the authorized representative of Customer and that I have direct knowledge of and affirm all facts and representations made above. CUSTOMER: Gary /'+�rnuelle Digitally signed by Gary Connuelle G Signature C Date:2023.05.08 10:56:49-07'00' Print Name Gary Cornuelle Title Purchasing Manager Dated (mm/dd/yy) LNRS Master Terms-Govt(Q2.17.v2) Confidential Page 8 of 8 e,Ie ed Contract #P-23-202 NON-FCRA PERMISSIBLE USE CERTIFICATION—GOVERNMENT 6/5/23 Customer(Agency) Name: Countv of Fresno- Department of Public Health DBA: Address: 1221 Fulton Street City, State, Zip: Fresno, CA 93721 Contact Name: Tristan Barks Phone: 559-600-9307 REQUIRED Please describe your purpose of use: Government aclencv investiclatincl and locating individuals related to matters of public health and safety. Definitions. Gramm-Leach-Bliley Act, (15 U.S.C. § 6801, et seq.)and related state laws (collectively,the"GLBA") Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.)and related state laws(collectively,the"DPPA") Law Enforcement Agencies Only Review and, if appropriate, certify to the following: Customer represents and warrants that it will use the LN Services solely for law enforcement purposes, which comply with applicable privacy laws including, but not limited to the GLBA and the DPPA. To certify, check here: ❑ Proceed to SECTION 3. QUALIFIED ACCESS SECTION 1. GLBA EXCEPTION/PERMISSIBLE PURPOSE - NOT APPLICABLE TO LAW ENFORCEMENT Some LN Services use and/or display nonpublic personal information that is governed by the privacy provisions of the GLBA. Customer certifies it has the permissible purposes under the GLBA to use and/or obtain such information, as marked below, and Customer further certifies it will use such information obtained from LN Services only for such purpose(s)selected below or,if applicable,for the purpose(s) indicated by Customer electronically while using the LN Services,which purpose(s)will apply to searches performed during such electronic session: ❑ No applicable GLBA exception/permissible use. Proceed to SECTION 2. DPPA PERMISSIBLE USES (At least one (1) must be checked to be permitted access to GLBA data) As necessary to effect administer, or enforce a transaction requested or authorized by the consumer. As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer by verifying the identification information contained in applications. To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. x In required institutional risk control programs. In resolving consumer disputes or inquiries. Use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer. Use by persons acting in a fiduciary or representative capacity on behalf of the consumer. In complying with federal state or local laws rules and other applicable legal requirements. X To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including a Federal functional regulator, the Secretary of Treasury, a State insurance authority, or the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety. SECTION 2. DPPA PERMISSIBLE USES - NOT APPLICABLE TO LAW ENFORCEMENT Some LN Services use and/or display personal information, the use of which is governed by the DPPA. Customer certifies it has a permissible use under the DPPA to use and/or obtain such information and Customer further certifies it will use such information obtained from LN Services only for one(1)or more of the purposes selected below or for the purpose(s) indicated by Customer electronically while using the LN Services, which purpose(s)will apply to searches performed during such electronic session: ❑ No permissible use. Proceed to SECTION 3. QUALIFIED ACCESS (At least one (1) must be checked to be permitted access to DPPA data) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders or pursuant to an order of a federal state or local court. LNRS Non-FCRA Perm Purp Cert—Govt(Q2.19.v1)## Confidential Page 1 of 5 Contract #P-23-202 For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only (A)to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (B) if such information as so submitted is not correct or is no longer correct,to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against,the individual. X Use by a government agency, but only in carrying out its functions. X Use by any person acting on behalf of a government agency, but only in carrying out the agency's functions. Use by an insurer(or its agent) in connection with claims investigation activities or antifraud activities. In connection with motor vehicle safety or theft, or driver safe (except by or for a motor vehicle manufacturer). Use by an employer or its agents or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under Chapter 313 of Title 49 of the United States Code. For use in providing notice to the owners of towed or impounded vehicles. For use in connection with the operation of private toll transportation facilities. With regard to the information that is subject to the DPPA,some state laws'permissible uses may vary from the permissible uses identified above. In such cases, some state information may not be available under each permissible use listed above and/or Customer may be asked to certify to a permissible use permitted by applicable state law to obtain information from a specific state. Customer agrees and certifies it will use the information described above only in accordance with the permissible uses selected above or those selected subsequently in connection with a specific information request. SECTION 3. QUALIFIED ACCESS Certain users ("Authorized Users' may be able to obtain full social security numbers (nine (9) digits) and driver's license numbers (collectively,"QA Data"),when appropriate,through some LN Services. Only those users that are within the Authorized User List below, and that use QA Data for an Authorized Use identified below, may qualify. To potentially qualify as an Authorized User, Customer must certify that its business is within the Authorized User List below and its use of QA Data is within the Authorized Use List below. ❑ Customer is NOT requesting access to QA Data. Proceed to SECTION 4. DEATH MASTER FILE ❑x Customer is requesting access to QA Data. Complete the sections below. What department will be using QA Data? Public Health SOCIAL SECURITY NUMBERS ❑ Not an authorized user. Proceed to DRIVER'S LICENSE NUMBERS 1. AUTHORIZED USER(At least one (1) must be checked to receive Social Security Numbers) Federal, state or local government agency with law enforcement responsibilities. Special investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detecting, investigating or preventing fraud. Financial institution for the purposes of(a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collecting debt on their own behalf, and (d) such other uses as shall be appropriate and lawful. Collection department of a creditor. Collection company acting on behalf of a creditor or on its own behalf. X Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe your business: County of Fresno, Department of Public Health, a local government agency,to detect&investigate matters of public health and safety. 2. AUTHORIZED USE (At least one (1) must be checked to receive Social Security Numbers) Location of suspects or criminals. Location of non-custodial parents allegedly owing child support and ex-spouses allegedly owing spousal support. Location of individuals alleged to have failed to pay taxes or other lawful debts. X Identity verification. X Other uses similar to those described above. Describe your use: To detect, investigate, and locate individuals regarding matters of public health and safety. LNRS Non-FCRA Perm Purp Cert—Govt(Q2.19.v1)## Confidential Page 2 of 5 Contract #P-23-202 By selecting above,the Customer certifies that it is an Authorized User,and that it will use Social Security Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s). DRIVER'S LICENSE NUMBERS ❑X Not an authorized user. Proceed to SECTION 4. DEATH MASTER FILE 1. AUTHORIZED USER(At least one (1) must be checked to receive Driver's License Numbers) Federal state or local government agency with law enforcement responsibilities. Special investigative unit, subrogation department and claims department of a private or public insurance company for the purposes of detecting, investigating or preventing fraud. Financial institution for the purposes of(a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collecting debt on their own behalf, and (d) such other uses as shall be appropriate and lawful. Collection department of a creditor. Collection company acting on behalf of a creditor or on its own behalf. Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe your business: 2. AUTHORIZED USE (At least one (1) must be checked to receive Driver's License Numbers) Location of suspects or criminals. Location of non-custodial parents allegedly owing child support and ex-spouses allegedly owing spousal support. Location of individuals alleged to have failed to pay taxes or other lawful debts. Identity verification. Other uses similar to those described above. Describe your use: By selecting above,the Customer certifies that it is an Authorized User, and that it will use Driver's License Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s). SECTION 4. DEATH MASTER FILE For access to Limited Access DMF Data only. ❑X No permissible purpose. Proceed to AUTHORIZATION AND ACCEPTANCE OF TERMS I. Definitions. For purposes of this Certification,these terms are defined as follows: a. DMF Agreement: The Limited Access Death Master File Non-federal Licensee Agreement for Use and Resale executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government (NTIS, as below defined). The DMF Agreement form is found at www.lexisnexis.com/risk/DMFDocuments. b. Certification Form:The Limited Access Death Master File Subscriber Certification Form executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government(NTIS, as below defined). The Certification Form is found at www.lexisnexis.com/risk/DMFDocuments. c. DMF: The federal Death Master File. d. NTIS: National Technical Information Service, U.S. Department of Commerce e. Open Access DMF:The DMF product made available through LN,which obtains the data from NTIS, and which does not include DMF with respect to any deceased individual at any time during the three-calendar-year period beginning on the date of the individual's death. Open Access DMF data should not be accessed pursuant to this Certification but should be accessed pursuant to a customer contract for such DMF data that is not Limited Access DMF. f. Limited Access DMF: Limited Access DMF includes DMF data with respect to any deceased individual at anytime during the three-calendar-year period beginning on the date of the individual's death. Limited Access DMF is made available through LN as a Certified Person, by NTIS. This Certification governs Customer's access to Limited Access DMF from LN (or the applicable LN affiliate), whether full or partial Limited Access DMF records or indicators of deceased status, and via any format, including online,XML feed, or in-house file processing through LN. LNRS Non-FCRA Perm Purp Cert—Govt(Q2.19.v1)## Confidential Page 3 of 5 Contract #P-23-202 II. Certification. Customer's access to the Limited Access DMF requires certification of purpose, as required by 15 CFR Part 1110 and section 1001 of Title 18, United States Code. Customer hereby certifies that it has the indicated permissible purpose(s)under part(a)of this Section II ("Certification")and that it meets the requirements of part(b) of this Section II: (a) Such Customer has a legitimate fraud prevention interest,or has a legitimate business purpose pursuant to a law,governmental rule, regulation, or fiduciary duty, will use the Limited Access DMF only for such purpose(s), and specifies the basis for so certifying as (choose any applicable purposes that apply to Customer's use): ❑ Legitimate Fraud Prevention Interest: Customer has a legitimate fraud prevention interest to detect and prevent fraud and/or to confirm identities across its commercial business and/or government activities. ❑ Legitimate Business Purpose Pursuant to a Law, Governmental Rule, Regulation, or Fiduciary Duty: Customer has one or more of the purposes permitted under 42 USC 1306c including fraud prevention and ID verification purposes. Customer's specific purpose(s)for obtaining Limited Access DMF data under this Certification is: ❑ Fraud Prevention and identity verification purposes ❑ For uses permitted or required by law ❑ For uses permitted or required by governmental rules ❑ For uses permitted or required by regulation ❑ For uses necessary to fulfill or avoid violating fiduciary duties and (b) Customer has systems, facilities, and procedures in place to safeguard Limited Access DMF, and experience in maintaining the confidentiality,security,and appropriate use of such information,pursuant to requirements similar to the requirements of section 6103(p)(4)of the Internal Revenue Code of 1986,and (c) Customer agrees to satisfy the requirements of such section 6103(p)(4) as if such section applied to Customer. III. Flow-down Agreement Terms and Conditions The Parties agree that the following terms and conditions are applicable to Recipient and ordering, access to, and use of Limited Access DMF: 1. Compliance with Terms of Agreement and CFR. Recipient of Limited Access DMF must comply with the terms of the Agreement and the requirements of 15 CFR Part 1110, as though set forth as a Subscriber therein, and Recipients may not further distribute the Limited Access DMF. 2. Change in Status. Should Recipient's status change such that it would no longer have a permissible purpose to access Limited Access DMF under this Addendum, Recipient agrees to immediately notify LN in writing in the manner and format required for notices under the Contract. Should Recipient cease to have access rights to Limited Access DMF, Recipient shall destroy all Limited Access DMF, and will certify to LN in writing that is has destroyed all such DMF. 3. Security and Audit. Recipient will at all times have security provisions in place to protect the Limited Access DMF from being visible, searchable, harvestable or in any way discoverable on the World Wide Web. Recipient understands that any successful attempt by any person to gain unauthorized access to or use of the Limited Access DMF provided by LN may result in immediate termination of Recipient's access and this Addendum. In addition, any successful attempt by any person to gain unauthorized access may under certain circumstances result in penalties as prescribed in 15 CFR § 1110.200 levied on Recipient and the person attempting such access. Recipient will take appropriate action to ensure that all persons accessing the Limited Access DMF it obtains from LN are aware of their potential liability for misuse or attempting to gain unauthorized access. Any such access or attempted access is a breach, or attempted breach, of security and Recipient must immediately report the same to NTIS at dmfcert(�i)ntis.gov; and to LN by written notification to the LN Information Assurance and Data Protection Organization at 1000 Alderman Drive,Alpharetta,Georgia 30005 and by email (security.investigations@lexisnexis.com)and by phone(1-888- 872-5375). Recipient agrees to be subject to audit by LN and/or NTIS to determine Recipient's compliance with the requirements of this Addendum, the Agreement, and 15 CFR Part 1110. Recipient agrees to retain a list of all employees, contractors, and subcontractors to which it provides Limited Access DMF and to make that list available to NTIS and/or LN as part of any audits conducted hereunder. Recipient will not resell or otherwise redistribute the Limited Access DMF. 4. Penalties. Recipient acknowledges that failure to comply with the provisions of paragraph (3) of the Certification Form may subject Recipient to penalties under 15 CFR§ 1110.200 of$1,000 for each disclosure or use, up to a maximum of$250,000 in penalties per calendar year, or potentially uncapped for willful disclosure. 5. Law,Dispute Resolution,and Forum. Recipient acknowledges that this Addendum is governed by the terms of federal law. Recipient acknowledges that the terms of Section 14 of the Agreement govern disagreement handling, and, without limitation to the foregoing,that jurisdiction is federal court. LNRS Non-FCRA Perm Purp Cert—Govt(Q2.19.v1)## Confidential Page 4 of 5 Contract #P-23-202 6. Liability. The U.S. Government/NTIS and LN (a) make no warranty, express or implied, with respect to information provided under the Agreement, including but not limited to, implied warranties of merchantability and fitness for any particular use; (b) assume no liability for any direct, indirect or consequential damages flowing from any use of any part of the Limited Access DMF, including infringement of third party intellectual property rights; and (c) assume no liability for any errors or omissions in Limited Access DMF. The Limited Access DMF does have inaccuracies and NTIS and the Social Security Administration (SSA), which provides the DMF to NTIS,and LN,do not guarantee the accuracy of the Limited Access DMF. SSA does not have a death record for all deceased persons. Therefore, the absence of a particular person in the Limited Access DMF is not proof that the individual is alive. Further, in rare instances, it is possible for the records of a person who is not deceased to be included erroneously in the Limited Access DMF. Recipient specifically acknowledges the terms of Attachment B to the Agreement,which terms apply to Recipient. 7. Indemnification. To the extent not prohibited by law, Recipient shall indemnify and hold harmless LN and NTIS and the Department of Commerce from all claims, liabilities,demands,damages,expenses,and losses arising from or in connection with Recipient's, Recipient's employees', contractors', or subcontractors'use of the Limited Access DMF. This provision will include any and all claims or liability arising from intellectual property rights. 8. Survival. Provisions hereof related to indemnification, use and protection of Limited Access DMF, audit, disclaimer of warranties,and governing law shall survive termination of this Addendum. 9. Conflict of Terms. Recipient acknowledges that the terms of this Addendum, in the event of conflict with the terms of the Contract, apply in addition to, and not in lieu of, such Contract terms, with respect to the Limited Access DMF only. AUTHORIZATION AND ACCEPTANCE OF TERMS I HEREBY CERTIFY that I have direct knowledge of the facts stated above and that I am authorized to execute this Certification on behalf of the Customer listed above. CUSTOMER: County of Fresno - Department of Public Health Digitally signed by Gary Cornuelle Signature Gary o rn U ei I I ei Date:2023.06.01 11:16:27-07'00' Print Name Gary Cornuelle Title Purchasing Manager Dated (mm/dd/yy) LNRS Non-FCRA Perm Purp Cert—Govt(Q2.19.v1)4# Confidential Page 5 of 5