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<br />Exhibit A - Terms and Conditions to Police Agency Information Aqreement
<br />In addition to the Services that LN will provide to Agency pursuant to the Police Agency Information Agreement ("Agreement") with an Effective
<br />Date of a? - // - /J1 , Agency wishes to order electronic copies of crash reports ("Reports") from LN, within legal parameters, that
<br />Agency (or other agencies or entities) has/have furnished to LN, and LN wishes to furnish such Reports to Agency (such furnishing of Reports
<br />being included is the "LN Services"). Therefore, the Parties agree as follows:
<br />1. Term. This Agreement shall commence on the Effective Date and shall continue in force for twelve (12) months ('Initial Term")
<br />unless earlier terminated as a result of the Agency's dissatisfaction with the initial testing and evaluation period (such termination notice required
<br />prior to December 31, 2012). Thereafter, the Agreement shall automatically renew for subsequent twelve (12) month periods (each a "Renewal
<br />Term"), unless either Party provides the other with written notice of its intent not to renew at least sixty (60) days prior to the expiration of the
<br />then current Term.
<br />2. Termination. Either Party may terminate this Agreement if the other Party breaches a material obligation under the terms of this
<br />Agreement and fails to cure such breach within thirty (30) days of receiving written notice thereof from the non-breaching party, provided,
<br />however, that if such material breach is of a nature that it cannot be cured, immediate termination shall be allowed. Without limitation to the
<br />provisions of Section 1 (Term"), Either Parry may terminate this Agreement without cause by providing the other party with one hundred twenty
<br />(120) days' prior written notice.
<br />3. Effect of Termination. The Parties anticipate that no amounts will be due and payable hereunder by Agency to LexisNexis. However,
<br />in the event that additional services are subsequently added under this Agreement which services are subject to fees payable by Agency to
<br />LexisNexis, then the following provision shall also apply to such fees pursuant to this Agreement. Upon termination or expiration of this
<br />Agreement, each Parry shall be liable for payment to the other Party of all amounts due and payable for Services provided through the effective
<br />date of such termination. may Upon receipt of Agency's written request, LN shall provide to Agency, access to those police reports provided to
<br />LN by Agency with the understanding that Agency may download and/or copy such police reports. LN shall not be obligated to delete from its
<br />databases (or from other storage media) and/or return such police reports to Agency and shall be permitted to continue to maintain and
<br />distribute the police reports already in its possession under this Agreement in compliance with applicable laws and regulations.
<br />4. Limited Usaae Riahts/Restrictions LN hereby grants to Agency, limited rights to use the LN Services solely for Agency's
<br />performance of its legal and permitted obligations. Agency represents and warrants that all of Agency's use of the LN Services shall be for only
<br />its legitimate legal and permitted obligations. Agency further warrants and represents that it will comply with all applicable state, federal, and
<br />international laws, statutes, ordinances and regulations regarding Agency's use of the LN Services, including: (i) compliance with state-specific
<br />restrictions in regard to its access and use of Crash Reports and/or police records; and (ii) compliance with permitted rights to obtain and use
<br />any information contained in the LN Services that is "personal information," as defined in the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et
<br />seq.) and related state laws (collectively, the "DPPA"), and is regulated by the DPPA ("DPPA Data"). Agency acknowledges and agrees that it
<br />may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain LN Services and will
<br />recertify upon request by LN. Social Security Numbers may be available hereunder as part of Crash Reports and/or related data provided from
<br />certain states (five (5) such states as of this writing include Social Security Numbers as part of their data). However, Agency acknowledges that,
<br />under the Agreement (including this Exhibit), LN will not provide Social Security Numbers to Agency, and, should Agency require Social Security
<br />Numbers in connection with its legal and permitted use of LN Services hereunder, Agency should contact LN Agency Service at 1-866-215-
<br />2771 for assistance. The LN Services provided pursuant to the Agreement (including this Exhibit) are not provided by "consumer reporting
<br />agencies," as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) ("FCRA") and do not constitute "consumer reports,"
<br />as that term is defined in the FCRA. Agency certifies that it will not use any of the information it receives through the LN Services to determine,
<br />in whole or in part an individual's eligibility for any of the following products, services or transactions: (1) credit or insurance to be used primarily
<br />for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any
<br />other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute,
<br />including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account. Use of the LN Services by
<br />Agency for any other purpose, including use for commercial solicitation purpose, is strictly prohibited.
<br />In addition, Agency shall not: (i) use the LN Services for marketing purposes or resell or broker the LN Services to any third party; (ii) use the LN
<br />Services for personal (non-business) purposes or for marketing purposes; (iii) use the LN Services to provide data processing services to third
<br />parties or evaluate data of or for third parties; (iv) use the LN Services to create a competing product; (v) create a direct link from another web
<br />site to the LN web site through which LN Services are accessed (the "Site"); (vi) harvest, post, transmit, copy, modify, create derivative works
<br />from, or distribute anything obtained or downloaded by Agency from the Site; (vii) upload or transmit through the Site any computer viruses,
<br />Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of the Site or its end-
<br />users; (viii) use any "robot", "spider"or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process
<br />to access, acquire, copy, scrape, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or
<br />presentation of the Site, to obtain or attempt to obtain any materials or information through any means not purposefully made available through
<br />the Site; (ix) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being
<br />conducted on the Site, or with any person's authorized use of this Site; (x) attempt to gain unauthorized access to any portions of this Site, other
<br />accounts, computer systems or networks connected to any of LN's equipment and/or servers through hacking, password mining or other means;
<br />(xi) access the LN Services from Internet Protocol addresses located outside of the United States and its territories without LN's prior written
<br />approval; or (xii) obtain or attempt to obtain, materials or information through any means not intentionally made available through this Site
<br />(collectively, "Agency's Use Restrictions"). Agency's unauthorized modification, tampering or change of any information, or any interference
<br />with the availability of or access to the Site is strictly prohibited and may result in penalties or criminal charges.
<br />By receipt of the LN Services, Agency agrees to, and shall comply with, changes to the usage rights granted hereunder, and changes to other
<br />provisions of this Exhibit A as LN shall make from time to time by notice to Agency via written notification. LN may, at any time, impose
<br />restrictions and/or prohibitions on the Agency's use of the LN Services or certain data that may be the result of a modification in LN policy, a
<br />modification of third-party agreements, a modification in industry standards, a Security Event or a change in law or regulation, or the
<br />interpretation thereof. Upon written notification by LN of such restrictions, Agency agrees to comply with such restrictions.
<br />5. No Intent to Grant a Change in Ownership. Other than as provided under this Agreement, neither Party grants to the other Party any
<br />additional rights hereunder. Nothing herein shall operate to grant any change or transfer in ownership rights related to a Party's property, data or
<br />Confidential
<br />eCrash Police Agency Information Agreement LB 2 7 2013 (Q4.12. V4)
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