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<br />OCLC FIXED-FEE PRICING FOR CATALOGING OPTION TC:",,1S AND CONDITIONS
<br />
<br />The terrT.S and ccncitians sec rorl:n r.erein ("Agreemenn ceseriae the respective r8SaCnS!s:::
<br />Library Cancer, Incorporated ("OCLe"), the OCLe.affiliatea regional network ("i'\letwory.'
<br />(WCrder Form'~). if any, and the institution identified on the franc of this Order Form ("11":$
<br />{"C(ce(~} af the CC:"'C fixed.tee pricing for cataloging option (as defined below).
<br />
<br />:~s and cuties or OCLe Online Ccmouter
<br />::n(ifiec on me fronc of this creer form
<br />"In'') .....ith respect to Institudon's crder
<br />
<br />1. OeLe Fixed-Fee Pricing For Cataloging.
<br />
<br />"OCLe fixed.fee pricing for cataloging" means a pricing
<br />cpticn made generally available sclely to all OeLe
<br />cataloging, full General Members (as that term is defined anc
<br />cescnbed in OeLe's Code 0; Regulations) that permits each
<br />such General Member to obtain access to OeLe's cataloging
<br />system. and various products and services. on an annual
<br />fixed.tee basis, ratl1er than on the traditional per-transaction
<br />basis. For purposes of ttJis Agreement. this annual fixed-fee
<br />access option shan be referred to as the "Fixed-Fee Pricing"
<br />and the annual price for this Fixed-Fee Pricing shail be " .
<br />- .\:'.
<br />referred to as ct1e "Fixed-Fee".
<br />
<br />Institution's Fixed-Fee will be determined annuaily by Oele
<br />and Network. and will be based on Institution's specific OeLC
<br />usage history. The Fixed-Fee will apply only to activity under
<br />specified applicable OGLG product codes, as. established by
<br />OeLC; tt.ese product codes will be providedlo Institution by
<br />OeLe and/or Network as a part of the annual custom
<br />quotation of the Fixed-Fee. Additional restrictions as may be
<br />established by OeLe and Network from time-to-time may
<br />also apply, ar.d will similarly be provided to Institution with
<br />InstiW]~n:s. CL1to.m quoted Fixed-Fee.' Uuring'.the Initial Term',.', .
<br />of this Agreement and' any renewals hereor, Institution will be
<br />billed on a mcn<hiy basis as provided in Section 2.8.11., below.
<br />and will not be blUed on a transacti~n basis for activity under
<br />the applicable product coces.
<br />
<br />2. Terms lor OCLC Fixed-Fee Pricing lor Cataloging.
<br />
<br />A. General. Except as othelVlise proviced and set forth in
<br />this Agreement. Institution's access to and use of OeLe's
<br />online cataloging system. products and services on a Fixed.
<br />Fee Pricing basis shall be govemed by and subject to the
<br />terms. conditions, and restrictions set (0r"J'l in Institution's
<br />agreement(s) with OeLe andlar Institution's regional Network
<br />for::he use of such system. products and services on a per.
<br />transaction basis (hereinafter collectively referred to as tl1e
<br />"Member' Agreement").
<br />
<br />8. Specilic Additional Terms. In addition to the terms set
<br />forth in the Member Agreement. l~e following additional
<br />terms. ccnditions, and restrictions shall apply to Institution's
<br />Fixed-Fee Pricing for cataloging; in the event of a conflict
<br />bet'ween these additional terms. conditions. and restrictions
<br />and the 1\o1ember Agreement with regard to Institution's Fixed.
<br />Fee Pricing for cataloging, ttle following terms. conditions and.
<br />res~ricticns shaH take preceder.ce:
<br />
<br />L Term. a. The Fixed-Fee is de~ermined by oCLC and
<br />Net'/lork en an annual basis as stated in Sec:ion 1. of this
<br />Agreemen[. and the initial Fixed~Fee Pricing term (the
<br />"Initial Term") shall be one (1) year and shall commence
<br />on July 1 af the ca!encar 'Iear in whicr. lnstit~t.ion's Order
<br />is received if Instin.Jtion's orcer is received by Network (cr,
<br />it Ins.it'Jtien does not have a regional Net'.....orK. OCLe) no
<br />later man thirty (3D) days I=ricr to that commencemenc
<br />date (L.'nless otherwise agreed by the parjes). The Fixed-
<br />Fee Pricing .....i!! te.-minate en June ~O of the following
<br />calendar year. however. tr.is a~reement sr:all
<br />a'.Jrc~a:icsii'( rerew fer acciticraJ ene (1) year terms l.Jnbl
<br />ant t.,;r;i~ss car:ca!laa '::/ ~r,s:l~~~icn as c,~'/icec in 0..
<br />:e!c','..
<br />
<br />b. No later than six,,! ('':':: days prier to the end of the Ir.itiel
<br />Term or any subseque::: one (1) year ~errn, OCLe 81d Network
<br />wiil. as long as Fixec:.F,..: Pricing is generally offered by OCLe.
<br />provide to Instituticn 2. .:'~3tcm quo radon of Institution's Fixed~
<br />Fee ror that additionai : :orm at thac time. If Institution wishes to
<br />cancel its Fixed~Fee F<cing, it may do so by providing nodce to
<br />OeLe or Network no .ater than June 1 cl the calendar year in
<br />which the renewal .....ould ccmmence. and OCLG and Network's
<br />Fixed-Fee offer to Institution wiil correspondingly expire attar
<br />that date,
<br />
<br />c;. AU Fixed-Fee Pricing terms, and custom quoted Fixed-Fees,
<br />are for a period of July 1 through June 30 01 the follcwing year.
<br />unless otherwise provided by OeLe and Network. Mid-year
<br />Orders may be accepted at OCLC's sole discretion, and the
<br />Fixed-Fee may be pro-rated for &lis purpose, At any time
<br />during the Initial Term (or any subsequent term) at this
<br />Agreement, Institution may opt to terminate itS Fixed-Fee
<br />Pricing, and revert to transaction.based pricing, up en thirty (30)
<br />days prior written notice to OCLe and Network, if any;
<br />however, following any such termination and transition to
<br />transaction-based pricing, Institution shall not be eligible to
<br />". ,,-,eturn to Fixed-f:ee P;icing for a periocj of on~ (1) year following
<br />.'the end of the.term'during wnich such't~tri1ii1atiori and :,
<br />transition to transaction-based pric:ng occurred. Similarly, if
<br />Institution opts to cancel its Fixed.Fee Pricing at the end of the
<br />Initial Term (or any subsequent term), Instituticn shall not be
<br />eligibie to retum to Fixed-Fee Pricir.g for a period 01 ene (1)
<br />year following the el1ective date of any such cancellaticn.
<br />
<br />Example: Institution places its Order (or its Fixed.Fee Pricing
<br />for the period 01 July 1, 1997 through June 30, 1998: however.
<br />Institution opts to terminate its Fixed-Fee Pricing effective
<br />November 30, 1997, by providing notice to OeLe and Network
<br />no later than October 30,1997. Institution will thereafter be
<br />ineligible for Fixed-Fee Pricing for cataloging untii one (1) year
<br />atter the end or the term during which its termination took
<br />effect. Therefore, Institution would be ineligible to return to
<br />Fixed-Fee Pricing until one (1) year after June 30, 1998, and
<br />could not return to Fixed.Fee Pricing until the term of July 1,
<br />1999 through June 30, 2000.
<br />
<br />it Payment. In consideration of Institution's use or the OCLe
<br />online cataloging system. products and services specified on
<br />~~WOrder~Ri~ (a~d, a~y attacbmen~ he~eto). 1l1stitt.:tian
<br />agrees to pay Network (or oele eirecU'y, It Institution does nct
<br />have an OGLe-affiliated regionaJ Network) ttte annual Fixed~
<br />Fee for unlimited use of such sys[-::m, prcduc~, and_ services.
<br />payable ror each annual term in 1;\~..:I'Ie (12) eqL:al monthly
<br />payments. The monthly payment ',',il be invoiced. and p2.ymer:~
<br />thereof due. as per the Member Agtsement. Access to and
<br />use of products and ser.ices other :.-':n i.t'.ose specified in this
<br />Order Form (or any attachments he _c:~) will be suciect to the
<br />price and payment terms and cenci:'..:-:s set forth in to",e
<br />,....lember Agreement (cr such other a..;:eements as tr,e parJes
<br />may enter into ricm time to time for s-..:ch products anc
<br />ser.Jices). Taxes applkacle to tl"ie t;2.:1sacticns ccnrem~lat2d
<br />by this Agreement. if any, shall be the responsibility cf
<br />Institution. As s.aced acave, tr.e Fixed-Fee is sut:iec~ ~o
<br />increase by OCLG and ;\!e,:worx. rc:' each suasecuent isr.ewc.1
<br />tarm following U",e lnitis.! Term,
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