HomeMy WebLinkAbout23389LexisNexis TM SUBSCRIPTIONAGREEMENTAND ORDERFORM
STATE/LOCAL GOVERNMENT PER SEARCH PRIC!NG'
EFFEC!IVE JULY 1,2004
3.
5.
7.
8.
OrganizationName:COUNTYOF FRESNOSHERIFF'SDEPARTMENT
Address:2-2-00 FR.E?S/\JO S-freer
Ji-ec;no ,C A 9:3 72/
;::;'£s,n [)
TelephoneNumber:(5Sr..fJ 1!33 -~3 '1 09
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You may subscribe to the Online Services by agreeing to abide by
the General Terms and Conditions and the Price Schedule
attached hereto and incorporated herein,as Exhibits A and B,
respectively.The General Terms and Conditions and the
Additional Terms represent the entire agreement for access to and
use of the Online Services.The General Terms and Conditions
are also set forth in thy online TERMS library.In the event of a
conflict or variation bEjtween the General Terms and Conditions
attached hereto and those appearing in the TERMS library,the
latter shall control.Your subscription is subject to acceptance by
LexisNexis,which acceptance shall be evidenced by 'issuing one.
or more identification numbers to access the Online Servic.es.
CUSTOMER INFORMATION (Please type or print):
1.
2.
County:
Invoice Address (if different than 2)
~SLG
BY:
NAME:MARTIN .G.BLOOM
~
TITLE:PURCHASING MANAGER
DATE:J/-/&.(J L/
fief 4F6l100fL/-U
4.Country:tS-4
6.Telecopier Number:(-55"2"").LjJ'8-3257
.FreSnD,CA 937i7 .
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Name of Contact and Telephone Number for the following:
Installation:~~l~~.(.'
Billing:l3 r Ian lklkrsolJ
Policy/LegalNOtification:,J-\.Db\0~~W
Scheduling/Training:M.ka.~,\Qn
Customer I.D.Information (Please type or print)
ID Holders'Names I ID Holders'Titles/Positions I ID No.(LN to fill in)
additional sheet attachedO
])eslih ldarKl'ns (f"j/S')
c-otf Moore.(j '?>i'5)
~hn AVlia (/J /1)
Sharon IV>'cAo/s (1312)
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Page 10(6 JIState/LocalGovernmentPer SearchSubscriptionAgreement-July2004
EXHIBIT A TO lexisNexis TM SUBSCRIPTION AGREEMENT'
General Terms and Conditions '
State/local Government Per Search Pricing
July 1,2004
Q SLG
The following terms and conditions govern your use of the LexisNexis services (the "Online Services")and the materials
available therein ("Materials"):
1.LICENSE;RESTRICTIONSON USE
1.1 You are granted a nonexclusive,nontransferable,
limited license to access and use for researchpurposesthe
Online Services and Materials from time to time made
available to you.This license includes:
(a)The right to electronically display Materials retrieved -
from the Online Services to no more than one person at a
time,subject to the Supplemental Terms for Specific
Materials;
(b)The right to obtain a printout of Materials via printing
commands of the Online Services and to create a single
printout of Materials downloaded via downloading
commands of the Online Services (collectively,"Authorized
Printouts");
(c)With respect to Materials that are court cases,court
rules,court briefs,agency-issued documents,agency
regulations 0 r executive branch materials from the United
States,its states or territories (collectively,"Authorized
Legal Materials"),the right to retrieve via downloading
commands of the Online Services and store in machine-
readable form,primarily for one person's exclusive use,a
single copy of insubstantial portions of those Materials
included in any individual file tot he extent the storage of
those Materials is not further limited or prohibited by the
Supplemental Terms for Specific Materials;
(d)With respect to Materials that are United States patents
("Authorized Patent Materials"),the right to retrieve via
downloading commands of the Online Services and store in
machine-readable form,primarily for one person's exclusive
use,a single copy of not more than 200 patents at anyone
time;and
(e)With respect to all Materials other than Authorized
Legal Materials and Authorized Patent Materials,the right
to retrieve via downloading commands of the Online
Services and store in machine-readableform for no more
than 90 days,primarily for one person's exclusive use,a
single copy of insubstantial portions of those Materials
included in a ny individual file tot he extent the storage of
those Materials is not further limited or prohibited by the
Supplemental Terms for Specific Materials.
1.2 To the extent permitted by applicable copyrightlaw and
not further limited or prohibited by the SupplementalTerms
for Specific Materials,you may make copies of Authorized
Printouts and distribute Authorized Printoutsand copies.
1.3 Except as specifically provided in Sections 1.1 and 1.2,
you are prohibited from downloading,storing,reproducing,
transmitting,displaying,copying,distributing,or using
Materials retrieved from the Online Services.You may not
print or download Materials without using the printing or
downloading commands of the Online Services.
1.4 All right,title,and interest (including all copyrights and
other intellectual property rights)in the Online Services and
Materials (in both print and machine-readable forms)belong
to the provider of the Online Services or its third party
suppliers of materials.You acquire no proprietary interest
in the Online Services,Materials,or copies thereof.
1.5 Except as specifically provided herein,you may not use
the Online Services or Materials retrieved from the Online
Services in any fashion that infringes the copyrights or
proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or
other notices contained in Materials retrieved from the
Online Services.
1.7 You may not use information included in the Online
Services or Materials retrieved from the Online Services to
determine a consumer's eligibility for (a)credit or insurance
for personal,family,or household purposes;(b)
employment;or (c)a governmentlicense or benefit.
1.8 Other provisions that govern your use of Materials are
set forth in your applicable price schedule,the
Supplemental Terms for Specific Materials,online
descriptions 0 f files,0 nline notices following fileselection,
and individual documents retrieved from the Online
Services (collectively,the "Additional Terms"),all of which
are incorporated by reference into these Ge.neralTerms
and Conditions.
2.ACCESS TO SERVICES
2.1 Only individuals authorized by the subscribing
organization may access and use the Online Services.
2.2 You may not use an identification numberto access the
Online Services from outside the country for which it was
issued.
2.3 Your identification number(s)may be restricted from
accessing certain Materials otherwise available in the
Online Services.
2.4 Materials and features may be added to or withdrawn
from the OnlineServicesandthe OnlineServices otherwise
changed without notice.
3.LIMITED WARRANTY
3~1 The provider of the Online Services represents and
warrants that it has the right and authority to make the
Online Services and Materials available pursuant to these
General Terms and Conditions.
3.2 EXCEPT AS 0 THERWISE PROVIDED INS ECTION
3.1,THE ONLINE SERVICES AND MATERIALS ARE
PROVIDED ON AN "AS IS","AS AVAILABLE"BASIS AND
THE PROVIDER OF THE ONLINE SERVICES AND EACH
THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY
DISCLAIM ALL WARRANTIES,INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
4.LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below)shall not be..liable.-
for any loss,injury,claim,liability,or damage of any kind
resulting in any way from (a)any errors in or omissions
from the Online Services or any Materials available or not
included therein,(b)the unavailability or interruption of the
Online Services or any features thereof or any Materials,(c)
your use of the Online Services or Materials (regardless of
whether you received any assistance from a Covered Party
in using the Online Services),(d)your use of any
equipment in connection with the Online Services,(e)the
content of Materials,or (f)any delay or failure in
performance beyond t he reasonable control 0 fa Covered
Party.
4.2 "Covered Party"means (a)the provider of the Online
Services,its affiliates,and any officer,director,employee,
subcontractor,agent,successor,or assign of the provider
of the Online Services or its affiliates;and (b)each third
party supplier of Materials,their affiliates,and any officer,
director,employee,subcontractor,agent,successor,or
assign of any third party supplier of Materials or any of their
affiliates.
4.3 THE AGGREGATE LIABILITY OF THE COVERED
PARTIES IN CONNECTION WITH ANY OTHER CLAIM
ARISING OUT OF OR RELATING TO THE ONLINE
SERVICES OR MATERIALS SHALL NOT EXCEED THE
AMOUNT OF YOUR ACTUAL DIRECT DAMAGES.YOUR
RIGHT TO MONETARY DAMAGES IN THAT AMOUNT
SHALL BEl N LIEU 0 FALL 0 THER REMEDIES WHICH
YOU JUNE HAVE AGAINST ANY COVEREDPARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE
FOR ANY SPECIAL,INDIRECT,INCIDENTAL,OR
CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER (INCLUDING,WITHOUT LIMITATION,
ATTORNEYS'FEES)IN ANY WAY DUE TO,RESULTING
FROM,OR ARISING IN CONNECTION WITH THE
ONLINE SERVICES,MATERIALS,OR THE FAILURE OF
ANY COVERED PARTY TO PERFORM ITS
OBLIGATIONS,REGARDLESS OF ANY NEGLIGENCE
OF ANY COVERED PARTY.
5.MISCELLANEOUS
5.1 Thes~General Terms and Conditions,including the
Additioni,lI Terms,may be changed from time to time as
described below or by written agreement.Charges and
payment terms may be changed in accordance with your
applicable price schedule;all other provisions may be
changed by the provider of the Online Services immediately
upon notice.Your subscription for access to the Online
Services may be terminated immediately upon notice to the
provider of the Online Services if any change is
unacceptable.Continued use of the Online Services
following any change constitutes acceptance of the change.
5.2 The provider of the Online Services or the subscribing
organization may terminate the subscription f or access to
the Online Services.The effective date of termination shall
be ten days after the receipt of an appropriate notice of
termination,unless a later date is specified in the notice.
The provider of the Online Services may suspend or
discontinue providing the Online Services to you without
notice and pursue any other remedy legally available to it if
you fail to comply with any of your obligations hereunder.
5.3 Except as 0 therwise provided herein,a II notices and
other communications hereunder shall be in writing or
displayed electronically in the Online Services by the
provider thereof.Notices shall be deemed to have been
properly given on the date deposited in the U.S.mails,if
mailed;on the date first made available,if displayed in the
Online Services;or on the date received,if delivered in any
other manner.Notices to the provider of the Online
Services should be sent to your account representative.
5.4 The failure of the provider of the Online Services or any
third party supplier of Materials to enforce any provision
hereof shall not constitute or be construed as a waiver of
such provision or of the right to enforce it at a later time.
5.5 The subscribing organization or individual may not
assign its rights or delegate its duties under the subscription
to access the Online Services without the prior written
consent of the provider of the Online Services.
5.6 These General Terms and Conditions and the
Additional Terms shall be govemed by and construed in
accordancewith the laws of the State of Ohio.
5.7 Each third party supplier of Materials has the right to
assert and enforce these provisions directly on its own
behalf as a third party beneficiary.
END OF EXHIBIT A
I State/Local Government Per Search Subscription Agreement -July 2004 Page 3 of 6 I
~SLGEXHIBITBTOlexisNexisTMSUBSCRIPTIONAGREEMENT'
Price Schedule ..
State/local Government Per Search Pricing
July 1,2004
These charges are effective as of July 1,2004,and shall continue thereafter until the subscribing organization or individual
("Subscriber")is notified otherwise.For more information about the pricing components,consult the Price Definitions and
Price List available via the Classic 0 nline Services using LexisNexis communications software under t he administrative
identification number 20B9ZWS,at no cost to Subscriber for accessing or printing.
I
1.INFORMATION CHARGES
1.1 SEARCHES.Charges currently range from $0 to
$35.00 per search.Consult the Price List available in the
OnlineServicesfor detailedsearchcharges..
1.2 DISCOUNTS.The discounts set forth below shall be
applied to Subscriber's Information Charges for each
monthly invoice period.The discount shall be computed
monthly and shall be based on the average amount of
Information Charges incurred by Subscriber in the three
month period beginning four months before the month
Subscriber receives the discount.Discounts shall not
apply to:(i)Investext,(ii)MarkMonitor,(Hi)Marklntel,and
(iv)Multex.
Monthly Average Infonnation Charges
From $0 up to $15,000
Over $15,000 up to $30,000
Over $30,000 up to $60,000
Over $60,000 up to $90,000
Over $90,000
Flat Discount
0%
2%
4%
8%
12%
1.3 ACCESS.Charges currently range from $0 to $50.
Consult the Price List available in the Online Services for
detailed access charges.
1.4 ECLIPSETMREPORTS.Charges for ECLIPSE report
searches are based on the frequency in which they are
executed.Reports are printed at applicable print rates.
Frequency Each Report
On Demand $4
IntraDay $6
Daily $14
BusinessDay(M-F)$18
Weekly $21
Monthly $27
1.5 RESEARCHTOOLS.
'_"'h""n""
REPOR'
,"
$1.00/report*
$4.251cite*
$4.251citelSHEPARD'S*
$4.00/citelSHEPARD'S Jum
*Includes printing and downloading charges.
n.,"'.."..','"
Shepard'S@ Table of Authorities Report
AutcrCite@ service
Shepard'S@ Citation Service
INGLE DOCUMENT RETRIEVA
through LexisNexisTM at www.lexis.com
via embedded link (excluding Document Links)
via Get a Document by citation
through LexisNexis Research Software
via LEXSEE@ service
via LEXSTAT@ service
$4.00Ilink
$4.00/cite
$4.00/cite
$4.00/cite
TOC Document Linking
Enhanced Table of Content (TOC
$4.00Ilink
$4.00/oer search
1.6 HISTORIC STOCK QUOTES.
Historic Price Quotes
Historic Dividend Quotes
'Includes printing and downloading charges.
EachQuote
$0.15*
$0.25*
1.7 PRINTING AND SAVING TO DISK.
Charges for printing and saving to disk are included in the
Per-Search rate.
1.8 IMAGES.
Charges for images will be as follows per image retrieved,
includina Drint:
Anatomical Transparencies
Trademark design images
Patent exemplary drawing images
Mealey
Elsevier Environmental
IHI patent images -US domestic
IHI patent images -Intemational
Elsevier Business
Forms
Investext
ISO Policy Forms
Miller's
EACH IMAGE
$0.00
$0.00
$0.00
$0.00
$3.00
$5.00
$6.00
$6.00
$7.50
$10.00
$25.00
$25.00
1.9 DUN&BRADSTREETREPORTS.
Charges for Business Information Reports will range from
$84.00 to $599.00 depending on the user's location (e.g.
USA,Canada,etc.).Charges for other Dun &Bradstreet
Reports will range from $72.00 to $124.00 depending on
the specific report requested.Consult the Price List
available in the Online Services for detailed report
charges.
1.10 COMPANYANALYZER.$50 per search and $180 per
report.
1.11 SMARTLINX.$99 per search.
1.12 DELAWARESECRETARYOFSTATE.$35 per report.
1.13 COMPANY DOSSIER.Charges range from $5 up to
$50 per report and from $0 up to $50 per document link.
1.14 RISK SOLUTIONS.Charges for Telephone Look-Up,
will be $0.75 per seCjrch,Reverse Telephone Look-Up will
be $0.75 per search,Name and Address Verification will
be $3.00 per search,and InstantlD@ will be $3.00 per
search.Get A Report charge will be $99.00 per search..
Charges for Report Component will range from $0 to.
$6.00 per report.Charges for Web Documents will range
from $10.00 to $20.00 per document.Consult the Price
List available in the Online Services for detailed report
charges.
Offline Civil and Criminal Court Records ("OCCCR")fees
depend on the jurisdiction.OCCCR fees may consist of
some or all of the followinq charqes:
Search Type fee
Court Access fee
Excess Case fee (1 to 5 cases)
Excess Case fee (6 or more cases)
Previous 10-Year Date Ranoe fee
aCCCR FEES
$16.00 -175.00 per search
$1.00 to $40.00 per search
$0.00
$1.00 per case
$6.00 per search
1.15 EDGAR ONLINE.$15 for Excel Reports and $22 for
Non-Excel Reports.
1.16 INVESTEXTDOCUMENTS.Two Most Recent Reports
will be $9.00 per page,and Archive Reports will be
$45.00 per report.
1.17 MARKMoNITOR@.The following sources from the
gateway searches will be $35.00 per search:
DomainSmart,eBannermonitor,eBoardmonitor,
eDomainmonitor,eLinkmonitor,eNetmonitor,
eSitemontior,TMIQ,Inbox and ReverseWhois.
2.HANDLINGCHARGE.$15 for documents printed at
the LexisNexis computer center.
3.MONTHLY SUBSCRIPTION CHARGE.$75 per
building with equipment used to access the Online
Services (up to a maximum of $150 per Agency).
4.INSTRUCTION.Training is provided at no charge and
covers (a)the basic instruction of all individuals selected
by Subscriber to receive instruction in the use of the
Online Services and (b)standard instructional and
reference materials on the use of the Online Services.
Everyone who completes training shall receive one hour
of free use to perfect their skills.This free hour is non-
transferable and must be used within 14 calendar days of
the date on which basic instruction is completed,at a
single session or on an aggregated basis.Credit for free
use shall automatically be reflected on Subscriber's
monthly.invoice'and shall be applied against Subscriber's
total charges in a given month.
5.EQUIPMENT AND SOFTWARE CHARGES.
5.1 Subscriber may use its own equipment,or equipment
may be available from the provider of the Online Services
("Access Equipment").
5.2 T he Access Equipment s hall be maintained by the
provider of the Online Services at its then current
standard charges.Contact your account representative
for current charges.Subscriber may terminate rental of
any Access Equipment upon 10 days written notice.
Access Equipment must be returned to the provider of the
Online Services in the same condition in which it was
received,reasonable wear and tear excepted.
5.3 Subscriber shall not permit any of its agents or
employees to attempt to move,modify,repair,or tamper
with any Access Equipment in any way,except that
Subscriber may install Access Equipment designated by
the provider of the Online Services as installable by
Subscriber.If Subscriber installs Access Equipment,
Subscriber shall do so in accordance with the applicable
instructions.Subscriber assumes all responsibilityfor any
personal injury or property damage,including damage to
Access Equipment,that occurs as a result of Subscriber's
installation of the Access Equipment.
5.4 Subscriber shall pay then current standard charges
for any software licensed by the provider of the Online
Services.Additional terms and conditions applicable to
the software are packaged with the software and
Subscriber agrees to promptly return the software if
Subscriber is not in agreement with these terms and
conditions.By using the software,Subscriber agrees to
be bound by the terms and conditions packaged with that
software.
6.TAXES.The charges detailed in this Price Schedule
are exclusive of any state 0 r local sales,use,or similar
taxes.If any such taxes are applicable,they shall be
charged to Subscriber's account.If Subscriber is exempt
from any such taxes,the tax will not bef charged to
Subscriber upon receipt of a certificate of exemption.
7.PAYMENT TERMS.All charges incurred by Subscriber
are payable within 30 days after receipt of an invoice.
Subscriber shall pay all charges in accordance with any
applicable "Prompt Payment Act"or similar legislation.
a.CHANGES TO THE CHARGES AND PAYMENT
TERMS.Charges and payment terms may be changed
only upon 30 days prior notice to Subscriber.
9.COLLECTION COST.Subscriber shall be liable for all
costs of collection incurred by the provider of the Online
Services,including without limitations,collection agency
fees,reasonable attorney's fees,and court costs,if.
Subscriber fails to comply with the payment obligations
set forth herein.
I State/Local Government Per Search Subscription Agreement -July 2004 Page50f6 I
..
10.MISCEllANEOUS.In the event Subscriber issues a
pOrchase order or other document relating to the Online
Services,Subscriber agrees t hat the d acument s haJl be .
for Subscriber's internal purposes only and shall in no way
modify or affect any of the terms or conditions for access
to the Online Services.
END OF EXHIBIT B
I StateILocal Government Per Search Subscription Agreement -July 2004 page6Of6 I
);\SLG
SUBSCRIPTION PLAN AMENDMENT
FOR ST A TE/LOCAL GOVERNMENT
LexisNexis,a division of Reed Elsevier Inc.("LN"),and County Of Fresno Sheriff's Department ("Subscriber")agree to amend
the Subscription Agreement (the "Agreement")previously or simultaneously executed between LN and Subscriber by adding
to the Agreement the terms and conditions set forth below.
1.TERM
The term of this Amendment (the "Amendment")will begin (a)on the date Subscriber's billing account (a "Billgroup")is
activated ("Activation")if Subscriber is a new LN customer,or (b)subject to Section 7,on the first day of the calendar month
immediately following the execution of this Amendment and delivery of it to LN if Subscriber is an existing LN customer,and
will continue until 1/31/06 (the "Term").
0 LexisNexis~
2.AUTHORIZED USERS
This Amendment relates only to the Subscriber's Biligroups'and locations (the "Participating Billgroups")set forth below.Only
employees of Subscriber using identification numbers issued under the Participating Billgroups will be entitled to access the
Materials and related Research Tools listed in Section 5.1 (the "Preferred Pricing Materials")pursuant to this Amendment.
Each identification number will be used solely by the individual for whom it was issued and may not be used by anyone else.
3.CERTIFICATION
Subscriber certifies that on the date this Amendment is signed by Subscriber there are -users Uudges,government
professionals and total number of attorneys)in Subscriber's organization.Throughout the Term,Subscriber will immediately
notify LN in writing of any change in the number of users,in which case LN may,in its sole discretion,increase or decrease
the Monthly Commitment (defined in Section 5.1 below)upon at least thirty (30)days prior written notice to Subscriber.If the
Monthly Commitment is increased as a result of a change in the number of users in Subscriber's organization,Subscriber
may,within ninety (90)days following notice of such increase,terminate this Amendment upon at least ten (10)days prior
written notice to LN;otherwise this Amendment will remain in effect.Upon the request of LN,Subscriber will recertify to the
current total number of users.
4.MONTHLY SUBSCRIPTION CHARGE
During the Term,the Monthly Subscription Charge in Section 3 of the then-current applicable price schedule (the "Price
Schedule")will be waived.
5.PREFERRED PRICING MATERIALS AND CHARGES
5.1 In consideration of Subscriber's payment to LN of the monthly commitment amounts specified below (the "Monthly
Commitment"),the Participating Billgroups will be provided access to and use of certain Materials,identified below by
source/menu number (the "Preferred Pricing Materials"),available in the lexis.comSMservice or the LN Online Services
accessed via proprietary software (the "Classic Online Services").If Subscriber is an existing LN customer and this is a
revision to Subscriber's Preferred Pricing Materials and Monthly Commitment,fees will be prorated for the monthjn which the
change becomes effective if the change occurs other than on the first (1st)day of the month.At no additional charge,the
Participating Billgroups may do offline printing,online printing and saving to disk of Preferred Pricing Materials.
PREFERREDPRICINGMATERIALS SOURCE/MENU SHEPARDS
NUMBER
(a)Law Enforcement Solutions Page
(b)
(c)
(d)
(e)
d See attached Rider NO.1 for additional Preferred Pricing Materials
WSPR4A
5.2 During the Term,the Monthly Commitment will be billed in lieu of the Information Charges specified in Section 1 of the
Price Schedule for all access to and use of the Preferred Pricing Materials,except as otherwise provided in Section 5.3 and
Section 6 (if elected)below.
@ 2004,LexisNexis,a division of Reed Elsevier Inc.All rights reserved.
Paoe 1 of 2
PARTICIPATING BILLGROUP #LOCATION (CITY AND STATE)
TBD Fresno,California
COMMITMENT PERIOD(S)MONTHLYCOMMITMENT
Beginning Activation to 1/31/2006 $540.00
Beginning to $
Beginning to $
Beginning to .$
Beginning to $
5.3 The"following Materials accessible from,but not included as part of the Preferred Pricing Materials,will be subject to
monthly billing at the then-current standard undiscounted rates in accordance .with.the Price Schedule:(a)selected Images
(those that,include a charge in the Price Schedule);(b).Dun &Bradstreet Reports;(c)MarkMonitor;(d)Multex and (e)Risk
Solutions.
6.ADDITIONAL CHARGES
The Participating Billgroups may have access to and use of the LN services and features not accessed through the Preferred
Pricing Materials ("Alternate Pricing Materials").If Subscriber so elects by initialing below,or by notifying LN at a later date,
Subscriber will have access through the Alternate Pricing Materials at then-current undiscounted rates in accordance with the
Price Schedule in addition to the Monthly Commitment.
Subscriber elects access to the Alternate Pricing Materials
'{IiiIIJiIJ
7.CLOSED OFFER
The offer of LN contained herein is valid until November 15.2004.In order to implement this Amendment by the first day of a
calendar month,LN must receive this signed Amendment by the 20th day of the preceding month.
a.CONFIDENTIAL INFORMATION
Subject to any state open records or freedom of information statutes,this Amendment contains confidential pricing
information of LN.Subscriber understandsthat disclosure of the pricing information contained herein could cause competitive
harm to LN,and will receive and maintain this Amendment in trust and confidence and take reasonable precautions against
such disclosure to any third person.This Section 8 will survive the termination or expiration of this Amendment.
9.MISCELLANEOUS .
9.1 During the Term,use by and charges to the Participating Billgroups will not be eligible for other discounts or aggregation
with the use of or charges for other billgroups.
9.2 During the Term,Subscriber may not terminate the Agreement.This Amendment may be terminated by Subscriber
after the first Commitment Period on the last day of any calendar month upon at least sixty (60)days prior written notice to
LN.This Amendment may also be terminated by Subscriber on ten (10)days prior written notice to LN in the event (a)of
any increase in the Monthly Commitment,excluding any increases listed in Section 5.1,or (b)LN discontinues providing
access to a significant portion of the Materials in the Preferred Pricing Materials or Alternate Pricing Materials that
Subscriber has used regularly in the ordinary course of business during the Term.To be effective,notice of termination
pursuant to (a)or (b)above must be given within ninety (90)days of the event giving rise to the termination right.
9.3 UPON TERMINATION OR EXPIRATION OF THIS AMENDMENT,CONTINUED USE OF THE ONLINE SERVICES
BY SUBSCRIBER IS GOVERNED BY THE AGREEMENT AND WILL BE BILLED IN ACCORDANCE WITH THE PRICE
SCHEDULE.
9.4 All capitalized terms not defined herein will have the meanings ascribed to them in the Agreement,including the Price
Schedule.
9.5 Except as expressly modified by this Amendment,all other terms and conditions of the Agreement will remain in full force
and effect and unaffected by this Amendment.In the event of a conflict or inconsistencies between the Agreement and this
Amendment,this Amendment will control.Except as set forth herein,this Amendment may not be modified or otherwise
changed unless mutually agreed to by both parties in writing.
AGREEDTO ANDACCEPTEDBY:-
COUNTY OF FRESNO SHERIFF'S DEPARTMENT
A~~~Z
LexisNexis,a division of Reed Elsevier Inc.
BY:BY:
MARTIN G.BLOOM NAME:NAME:
TITLE:PURCHASING MANAGER TITLE:
DATE:/2-.-:/--0 ~
Ref =#-~..IOOI4-H
DATE:
~2004,LexisNexis.a division of Reed Elsevier Inc.All rights reserved.
paae2 of 2