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OCLC FIXED-FEE PRICING FOR CATALOGING OPTION TE~ivlS AND CONDITIONS The terms and conditions set forth herein ("Agreemenr) describe the respective respons;bi'i',~s and duties of OCLC Online Computer Library Center, Incorporated ("OCLC"), the OCLC-affiliated regional network ("NetworK' ,ntified on the front of this order form ("Order Form"), if any, and the institution identified on the front of this Order Form ("Ins ~n") with respect to Institution's order ("Order") of the OCLC fixed-fee pricing for cataloging option (as defined below), 1. OCLC Fixed-Fee Pricing For Cataloging. b, No later than sixty (,"': days poor to the end of the Initial "OCLC f' d f "f tal'" ' , Term or any subsequem one (1) year term, OCLC and Network Ixe - ee pnclng or ca oglng means a pricing 'II I F' '-. P .. . ff t' d II 'I bl I I t II OCLC WI , as ong as Ixeo-c"" rlclng IS generally 0 ered by OCLC, op Ion ma e genera y aval a e so e y 0 a , provide to Institution a .",stom quotation of Institution's Fixed- cataloging: full Gen."ral Members (as that term IS defined and Fee for that additional: ,rm at that time. If Institution wishes to deSCribed In OCLC s Code of Regulations) that p."rmlts ea~h cancel its Fixed-Fee P';cing, it may do so by providing notice to such General Member to obtain access to OCLC s cataloging OCLC or Network nc .ater than June 1 of the calendar year in ~ystem, and ~arlous products and se~':es, on an annua~ which the renewal would commence, and OCLC and Network's fixed-fee baSIS, rather than on the traditional per-transaction F'xed Fee oHer to Insti't ti' 'II d' Ie' ft , F f . A tho fl. U on WI correspon mg Y xplre a er baSIS. or purposes 0 thiS greement, IS annual fixed- ee that date access option shall be referred to as the "Fixed-Fee Pricing" . and the annual price for this Fixed-Fee Pricing shall be " " I:,.~, All Fixed-Fee Pricing terms, a~d custom quoted Fixed-Fees, referred to as the "Fixed-Fee". '. -'. are for a period of July 1 through June 30 of the following year, unless otherwise provided by OCLC and Network. Mid-year Orders may be accepted at OCLC's sole discretion, and the Fixed-Fee may be pro-rated for this purpose, At any time during the Initial Term (or any subsequent term) of this Agreemen~ Institution may opt to terminate Its Fixed-Fee Pricing, and revert to transaction-based pricing, upon thirty (30) days prior written notice to OCLC and Network. if any; however, following any such termination and transition to transaction-based pricing, Institution shall not be eligible to >,(eturn to Fixed-~ee. PIi.:!ng !o~ a period pf ,o.n~ \lJ.year following ,the end of the'terln dUring which suchtetm,oatior1 and ;0. transition to transaction-based pricing occurred, Similarly, if Institution opts to cancel Its Fixed-Fee Pricing at the end of the Initial Term (or any subsequent term), Institution shall not be eligible to retum to Fixed-Fee Pricing for a period of one (1) year following the eHeetive date of any such cancellation, Example: Institution places its Order for its Fixed-Fee Pricing for the period of July 1, 1997 through June 30, 1998; however, Institution opts to terminate its Fixed-Fee Pricing eHective November 30, 1997, by providing notice to OCLC and Network no iater than October 30,1997. Institution will thereafter be ineligible for Fixed-Fee Pricing for cataloging until one (1) year after the end of the term during which its termination took effect. Therefore, Institution would be ineligible to return to Fixed-Fee Pricing until one (1) year after June 30, 1998, and could not return to Fixed-Fee Pricing untillhe term of July 1, 1999 through June 30, 2000. II, Payment. In consideration of Institution's use of the OCLC onUne cataloging system, products and services specified on : -; ~~WOrder\FO!,", (aqd, a~y attacb[11ent,s he~eto), Institution agrees to pay Network (or oclc directl'y, if Institution does not have an OCLC-affiliated regional Network) the annual Fixed- Fee for unlimited use of such sys,,"m, products, and, services, payable for each annuai term in l\v~lve (12) equal monthly payments. The monthly payment ""i1 be invoiced, and payment thereof due, as per the Member Agreement. Access to and use of products and services other "-'," those specified in this Order Form (or any attachments he ':0) will be subject to the price and payment terms and condi::,:~s set forth in the . Member Agreement (or such other a~feements as the parties may enter into from time to time for Soch products and services). Taxes applicable to the transactions contempiated by this Agreement. if any, shall be the responsibility of Institution. As stated above, the Fixed-Fee is subject to increase by OCLC and Network for each subsequent renewal term following the Initial Term. Institution's Fixed-Fee will be determined annually by OCLC and Network, and will be based on Institution's specific OCLC usage history. The Fixed-Fee will appiy only to activity under speciUed applicable OCLC product codes, as established by OCLC; these product codes will be provided"to Institution by OGLC and/or Network as a part of the annual custom quotation of the Fixed-Fee. Additional restrictions as may be established by OCLC and Network from time-to-time may also apply, and will similarly be provided to Institution with InstitllJj~n:s,e~to!" quoted Fixed-Fee.. Uuring.the Initial Term',"'. of this Agreemenl, and any renewals hereof, Institution will be billed on a monthly basis as provided in Section 2.B.ii., below, and will not be bil.led on a transaction basis for activity under the applicable product codes, 2. Tenms for OCLC Fixed-Fee Pricing for Cataloging, A, General, Except as otherwise provided and set forth in this Agreement, Institution's access to and use of OCLC's online cataloging system, products and services on a Fixed- Fee Pricing basis shall be governed by and subject to the terms, conditions, and restrictions set forth in Institution's agreement(s) with OCLC and/or Institution's regional Network for the use of such system, products and services on a per- transaction basis (hereinafter collectively referred to as the "Member'Agreement"). B. Specific Additional Terms. In addition to the terms set forth in the Member Agreement, the following additional terms, conditions, and restrictions shall apply to Institution's Fi:led-Fee Pricing for cataloging; in the event of a conflict between these additional terms, conditions, and restrictions and the Member Agreement with regard to Institution's Fixed- Fee Pricing for cataloging, the following terms, conditions and restrictions shall take precedence: I. Term. a. The Fixed-Fee is determined by OCLC and Network on an annual basis as stated in Section 1. of this Agreement. and the initial Fixed-Fee Pricing term (the "Initial Term") shall be one (1) year and shall commence on July 1 of the calendar year in which Institution's Order is received If Institution's Order is received by Network (or, if Institution does not have a regionai Network, OCLC) no later than thirty (30) days prior to that commencement date (unless otherwise agreed by the parties), The Fixed- Fee Pricing will terminate on June 30 of the following calendar year, however, this agreement shall automatically renew for additional one (1) year terms until and unless cancelled by Institution as provided in b.. below, CATFIX.W01C2~1 -.,..""_.._'-',....-'-..,~.....,-~._.".;__"','-.-L~!_ -.._.;.,.....w,....,..-- ",".C'",,'_","" _"":"..';'~"'~c~~"';'::cL;:~: --