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1997-008-RES WHEREAS, CITY ATTORNEY'S OFFICE CURRENTLY UTILIZES MANY DIFFERENT IN ITS DAILY OPERATION RESOLUTION NO. q7 -008 WHEREAS, the City Attorney's office currently utilizes many different legal publications in its daily operation, with such publications being available either in print, on electronic medium, or both; and, WHEREAS, Lexis-Nexis offers an on-line service for government professionals, known as the Public Advocate Resource Basic Library, that allows access to many of the publications currently being utilized, in addition to many other legal publications, court decisions, attorney general opinions, law journals, etc., and the City Attorney's office is desirous of subscribing to the same; and, WHEREAS, it is deemed appropriate that the form of contract with Lexis-Nexis, attached hereto as Exhibit A, be, in all thing, approved, and that the City Manager, Michael E. Malone, be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the contract between the City of Paris and Lexis-Nexis for access to materials and features in the Public Advocate Resource Basic Library, shown in Exhibit A, attached hereto, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the contract with Lexis-Nexis under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 13th day of January, 199 ~~ Eric S. Clifford, C ATTEST: ~\ Mattie Cunningham, City Clerk LEXIS.NEXIS SUBSCRIPTION AGREEMENT AND ORDER FORM STATE/LOCAL GOVERNMENT TIME BASED PRICING EFFECTIVE JANUARY 1, 1996 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 8, 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 the online TERMS library. In the event of a conflict or variation between 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 LEXIS-NEXIS, which acceptance shall be evidenced by issuing one or more identification numbers to access the Online Services. Subscribe~ City of Paris, Paris, Texas By: (Authorized Subscriber Signature) Name: Michael E. Malone Title: City Manager Date: Januarv 13. 1997 CUSTOMER INFORMATION (Please type or print): 1. Organization Name: City of Paris. Paris. Texas (City Attorney's Office) Addres~ 135 1st Street S.E.. P. O. Box 9037 2. Pari~, TX 714nl-9017 3. County: Lamar 4. Country: USA 6. TelecopierNumber: (903) 785-8519 5. Telephone Number: (903) 785-7511 7. Invoice Address (if different than 2) same 8. Name of Contact and Telephone Number for the following: Installation: Lisa Wri~ht Billing: Alice Pinalto Policy/Legal Notification: Lisa Wd ght SchedulinglTraining: Lisa Wright 9. Parent Company (if applicable): nt a 10. Years under present ownership: n/ a (901) 781-7111 (903) 785-7511 (901) 7H1-7111 (903) 785-7511 11. Dun & Bradstreet or Martindale-Hubbell Rating: n/ a 12. Tax Exempt: !XI Yes (attach proof of exemption) 0 No 13. Require purchase order number on invoice: !Xl No 0 Yes, Purchase Order Number: 14. Type of Software: 0 DOS 0 Windows 0 MAC !XI Other. Windows 95 Size: 003.5" or 05.25" Quantity: 3 :: 10 Holders' Names (addttional sheet attached 0) Customer 1.0. Information 10 Holders' TttleslPosnions 10 No. (LN to fill in) T. K. Ha nes " - Alice Pinalto "-\l/~ J~rj~7 ~. t.1\1"H i:) j I K EXHIBIT A TO LEXIS-NEXIS SUBSCRIPTION AGREEMENT General Tenns and Conditions State/Local Government Time Based Pricing January 1, 1996 The following terms and conditions govern your use of the LEXIS-NEXIS services (the "Online Services") and the materials available therein ("Materials"): 1. LICENSE; RESTRICTIONS ON USE 1.1 You are granted a nonexclusive, nontransferable, limited license to access and use for research purposes the 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"); and (c) The right to retrieve and store in machine-readable form for no more than 90 days and for one person's exclusive use a single copy of insubstantial portions of Materials included in any individual file via downloading commands of the Online Services to the extent the storage of Materials is not further limited or prohibited by the Supplemental Terms for Specific Materials; 1.2 To the extent permitted by applicable copyright law and not further limited or prohibited by the Supplemental Terms for Specific Materials, you may make copies of Authorized Printouts and distribute Authorized Printouts and 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 consume(s eligibility for (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. 1.8 Other provisions that govern your use of Materials are set forth in your applicable ~rice Schedule, the Supplemental Terms for Specific Materials, online descriptions of files, online notices following file selection, and individual documents retrieved from the Online Services (collectively, the "Additional Termsj, all of which are incorporated by reference into these General Terms 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 number to 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 Online Services and the Online Services 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 OTHERWISE PROVIDED IN SECTION 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) Subscribe~s 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 (Q any delay or failure in performance beyond the reasonable control of a 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 BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. 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 These General Terms and Conditions, including the Additional 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 chang~. 5.2 The provider of the Online Services or the subscribing organization may terminate the subscription for 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 'discon~inue 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 otherwise provided herein, all 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 governed by and construed in accordance with 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---- .1- " , EXHIBIT B TO LEXIS-NEXIS SUBSCRIPTION AGREEMENT Price Schedule State/Local Government Time Based Pricing January 1, 1996 These charges are effective as of January 1, 1996, and shall continue thereafter until the subscribing organization or individual (ItSubscribe~') is notified otherwise. For more information about the pricing componen!s, consult the Price Definitions and Price List available in the Online Services under the administrative identification number KQVPHZF, at no cost to Subscriber for accessing or printing. 1. INFORMATION CHARGES 1.1 CONNECT TIME. The charge for Connect Time, calculated to the nearest second, is $26 per hour. 1.2 NETWORK TIME. The charge for Network Time, calculated to the nearest second, is: WATS - $16 per hour Any long distance data transmission service or value added network provided by LEXIS-NEXIS or a third party that is used to access the LEXIS-NEXIS central computer - $10 per hour. Subscriber is responsible for all local telephone charges. 1.3 DATABASE. Charges currently range from $0 to $620 per hour. Consult the Price List available in the Online Services for detailed database charges. 1.4 VOLUME DISCOUNTS. Individual agencies shall be eligible for volume discounts. The discounts set forth below shall be calculated monthly and based upon the average Information Charges used in the three month period beginning four months before the date of the discount. Discounts shall be based on the aggregate Information Charges of all state and local agencies (except courts) within a single state on a Time Based Pricing plan. Monthly Averaae Information Charaes Flat Discount From $0 up to $15,000 0% Over $15,000 up to $30,000 2% Over $30,000 up to $60,000 4% Over $60,000 up to $90,000 8% Over $90,000 12% 1.5 ACCESS. Charges cur:rently range from $0 to $67. Consult the Price List available in the Online Services for detailed access charges. 1.6 ECLlPSE™ REPORTS. Charges for ECLIPSE report searches are based on the frequency in which they are executed. Reports are prtnted at applicable print rates. Freauency Each Report Daily Business Day (M-F) Weekly $10.50 $13.50 $15.75 Monthly 1.7 RESEARCH TOOLS. $20.25 Each Case/Citation LEXSEE@ feature LEXST A T@ feature Auto-Cite@ service SHEPARD'S Citation Service $3.00/cite $3.00/cite $2.25/cite* $2.25/citelSHEP ARD'S. $3.00/cite/SHEPARD'S Jump .Includes printing and saving to disk charges. 1.8 REAL TIME AND HISTORIC STOCK QUOTES. Each Quote Real Time Stock Quotes Market Statistics Historic Price Quotes Historic Dividend Quotes $135/hour $135/hour $204/hour* $204/hour* *Includes printing and saving to disk charges. 1.9 PRINTING AND SAVING TO DISK. Offline printing, online printing and saving to disk of materials in the NEXIS@ service shall be $2.50 per document, except that Predicasts@ (PROMT, MARS, PROMTP) shall be $4.00 per document, SEe Filings shall be $12.00 per document or $2.00 per page, Investext@ reports shall be $45.00 per document or $7.00 p.er page, public records shall be $1.00 per document, and the LEXIS@ service shall be $3.00 per document or .$0.5_0 per page. The per page rates only apply for documents with electronic pagination. 1.10 IMAGES. Images shall be $3 per image retrieved, including print 2. HANDLING CHARGE. $15 for documents printed at the LEXIS-NEXIS 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 CHARGE (NON-RECURRlNG). $35 for each person who receives instruction with a maximum of $2,520 per subscribing agency1rra fiscal year. Eac~ government agency shall be treated as a separate subscriber for the purpose of determining the maximum instruction fee. This charge 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 Subscribe~s monthly invoice and shall be applied against Subscribe~s total charges in a given month. 5. PAYBACK™ SERVICE CHARGE. Network Time and Connect Time charges plus a charge of $150 per month (includes overnight delivery charges) for optional PAYBACK weekly and/or monthly magnetic tapes. 6.LOCAL TELEPHONE EQUIPMENT MANAGEMENT. For each local telephone line to Subscribe~s premises, which is carried for the account of or billed to LEXIS- NEXIS, Subscriber shall be charged $110 per month for Local Telephone Equipment Management. If Subscriber transfers such telephone line to its own name and assumes payment of all telephone costs related to that line, no Local Telephone Equipment Management charge shall be assessed. (Criteria for installing computer-provided communication switching network equipment in connection with LEXIS-NEXIS Access Equipment (defined below) shall be provided by Subscribe(s LEXIS-NEXIS account representative upon request.) If Subscriber does not transfer such telephone line, Subscriber shall be charged the Local Telephone Equipment Management charge for each month or partial month during which the telephone line is carried for the account of or billed to LEXIS-NEXIS. 7. EQUIPMENT AND SOFTWARE CHARGES. 7.1 Subscriber may use its own equipment, or equipment may be available from the provider of the Online Services rAccess Equipment"). 7.2 The Access Equipment shall 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. 7.3 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 responsibility for any personal' injury or property damage, including damage to Access Equipment, that occurs as a result of Subscribe~s installation of the Access Equipment. 7.4 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. 8. TAXES. The charges detailed in this Price Schedule are exclusive of any state or local sales, use, or similar taxes. If any such taxes are applicable, they shall be charged to Subscribe(s account. If Subscriber is exempt from any such taxes, the tax will not be charged to Subscriber upon receipt of a certificate of exemption. 9. 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. 10. CHANGES TO THE CHARGES AND PAYMENT TERMS. Charges and payment terms may be changed only upon 30 days prior notice to Subscriber. 11. 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. 12. MISCELLANEOUS. In the event Subscriber issues a purchase order or other document relating to the Online Services, Subscriber agrees that the document shall be for Subscribe(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----------- .::r- -- ::J, ..... LEXIS. NEXIS LEXIS@ PAk dASIC PRICING AMENDMENT FOR AK, FL, IL, PA OR TX BILLGROUP NUMBER: LEXIS-NEXIS C'LN") and City of Paris. Paris. Texas ("Subscriber") agree to amend the Subscription Agreement (the "Agreement") between LN and Subscriber by adding to the Agreement the following terms and conditions (the "Amendment"). 1. SUBSCRIBING LOCATION LN will issue to Subscriber, for use solely by employees of the location identified below (the "Subscribing Location"), identification number(s) that access the PAR Basic menu(s) described in Section 5 (the "PAR Basic Menu"). Only employees located at the Subscribing Location will be entitled to gain access to the PAR Basic Menu and other LEXIS@.NEXIS@ services (the "Online Services") using these identification numbers. Subscriber warrants that employees located in offices other than the Subscribing Location (if any) will not use these identification numbers to access the Online Services. Subscribing Location: City Attorney's Office 135 1st Street S.E.. Paris. Texas 2. CERTIFICATION Subscriber certifies that on the date this Amendment is signed by Subscriber there are one (1) professionals working at the Subscribing Location. A "professional" includes (a) attorneys, accountants, economists, engineers, investigators, or librarians or (b) such other positions (i) requiring specialized knowledge and (ii) which spend at least twenty percent (20%) of their time performing analysis, application, creation, or investigation of government regulations, statues, court decisions, or other materials that contribute to the position's assigned tasks ("Professional(s)"). 3. AUTHORIZED USE Use of the Online Services through the PAR Basic Menu will be restricted to official government business. All other use is prohibited. 4. MONTHLY SUBSCRIPTION FEE Subscriber will pay to LN a Monthly Subscription Charge of $25 in lieu of the Monthly Subscription Charge detailed in the Price Schedule. 5. PAR BASIC MONTHLY ACCESS CHARGE(S) 5.1 Subscriber will pay LN the monthly menu rate for access to the materials and features available in and accessed through the PAR Basic Menu (the "PAR Basic Monthly Access Charge"). Access will include the following: (i) printing of the materials accessed through the PAR Basic Menu, (ii) Network Time, (iii) Connect Time, (iv) searching, (v) the LEXCITE@ feature; and (vi) use of the LEXSEE@ and LEXSTAT@ features through the PAR Basic Menu if the LEXSEE/LEXST A T Option is elected. The Monthly Access Charge does not include the following: (i) materials and features not accessed through the PAR Basic Menu, (ii) the LEXSEE and LEXSTAT features, if not elected under the LEXSEE/LEXSTAT Option, (Hi) the AutoCite@ and SHEPARD'S@ Citation Services, (iv) printing outside the PAR Basic Menu, and (v) images. LEXIS PAR BASIC Pricing Amendment for AK, FL, IL, PA or TX November 1996 OM/PRICING APPROVAL FORMS\LEGAL \AMEND\GIS\PAR$70.DOT @ 1996, LEXIS.NEXIS, a division of Reed Elsevier Inc. All rights reserved. Page 1 of 3 5.2 Access will be limited to \...: number of simultaneous users rSin'\olltaneous Users") Subscriber elects. However, the total number of Simultaneous Users may not be less than the number of professionals certified under Section 2. Subscriber elects the following state(s) and/or area(s) of practice at the prices stated (indicate election by inserting specific number of Simultaneous Users): Number of Menu Monthly Menu Rate Simultaneous 1 st Professional Additional Professional Additional Professional Additional Professional Users 2-10 11-20 21-50 X AK, FL, IL, PA, or TX $70 $50 $40 $30 Other State: $105 $50 $40 $30 DC, Maryland & VA $155 $50 $40 $30 Bankruptcy Law $85 $65 $55 $40 Bus. & Financial Law $165 $120 $100 $75 Criminal Law $95 $70 $60 $45 Energy Law $165 $120 $100 $75 Environmental Law $165 $120 $100 $75 Family Law $105 $50 $40 $30 International Law $135 $100 $80 $60 Labor & Employ Law $85 $65 $55 $40 Military Law $105 $50 $40 $30 Public Contracts Law $100 $75 $60 $45 Securities Law $135 $100 $80 $60 Tax Law $150 $110 $90 $70 Torts & Insurance Law $95 $70 $60 $45 $- $ $ $ 5.3 Subscriber elects the following option(s) in addition to the PAR Basic Menu(s) selected in Section 5.2 at the prices stated (indicate election by inserting specific number of Simultaneous Users). The number of Simultaneous Users for the Federal Option must be equal to or greater than the number of Simultaneous Users for the State Menu(s). The number of Simultaneous Users for the Regional News and the LEXSEE@/LEXSTAT@ option(s) must be equal to or greater than the number of professionals certified under Section 2. The number of Simultaneous Users for the Forensic Option must be equal to the number of Simultaneous Users for the Criminal Law Menu: Number of Simultaneous Users Option Monthly Option Rate FEDERAL: U.S. Supreme Court, Federal Circuit, CFR, Federal Register, U.S. District & Bankruptcy Case Law and USCS (Annotated) $40 per professional REGIONAL NEWS (circle one): NEAST, SEAST, MWEST, or WEST $50 per professional FORENSIC (available only with the Criminal Law Menu) $50 per professional LEXSEE/LEXST AT $25 per professional 5.4 If Subscriber elects to add a PAR Basic Option, the number of attorneys selecting the PAR Basic Option will be equal to the number of Professionals detailed in Section 2. 5.5 The $15 per month charge per professional attorney for printing and saving to disk of materials accessed through the PAR Basic Menu is included in the Monthly Menu Rate; however, it will be detailed separately on Subscriber's invoice. LEXIS PAR BASIC Pricing Amendment for AK, FL, IL, PA or TX November 1996 OM/PRICING APPROVAL @ 1996, LEXIS.NEXIS, a division of Reed Elsevier Inc. All rights reserved. Page 2 of 3 FO RMS\LE GAL \AMEN D\GI S\P A R$70. DOT ~. . uo .......""~......."""..........""""'"..,........""..'""',....,"'""............. .. '""""""..............................................""..........~............................."......................""""..................""......""".."'"""'"".............. . ................ . . . '-6: OTHER CHARGES 6.1 In addition to the Total PAR Basic Monthly Access Charge, Subscriber may incur charges at then current minimum state/local government hourly rates for access to and use of materials and features not accessed through the PAR Basic Menu. This includes, but is not limited to the following: i) All materials available in the PAR Basic Menu, but accessed through the all services menu; ii) All materials not available in the PAR Basic Menu; iii) All use of the Auto-Cite and SHEPARD'S Citation Services; iv) All printing of materials available in the PAR Basic Menu, but accessed through the all services menu; v) All images; and vi) All use of the LEXSEE and LEXST A T features unless Subscriber elects the LEXSEElLEXST AT option under Section 5.3. 6.2 Use and charges relating to identification numbers issued pursuant to this Amendment will not be eligible for discounts or aggregated with use of or charges for other Subscriber identification numbers. 7. ADDITIONAL TERMS 7.1 This Amendment may be terminated by Subscriber on the first day of a calendar month upon 60 days prior written notice provided to LN. 7.2 LN may discontinue offering a portion of the materials or features of the Online Services to Subscri ber. In that event, Subscriber may terminate this Amendment at its option pursuant to Section 7.1. 7.3 Subscriber will immediately notify LN in writing if the total number of Professionals working at the Subscribing Location changes from the number certified by Subscriber in Section 2. In addition, uporl the request of LN, Subscriber will certify to the current total number of Professionals working at the Subscr:bing Location. 7.4 PAR Basic Menus consist of selected portions of LEXIS-NEXIS libraries or files. Some material~, are specifically excluded from the PAR Basic Menus, but may be accessed through the All Services menu which is available as the alternate pricing option. Contact your sales representative for details. 7.5 Use of the Online Services under the terms of this Amendment will be limited to state and local government offices of fifty (50) Professionals or less, and will not be available to law firms, corporate legal departments, solo practitioners engaged in the traditional practice of law, law firms, research firms or other organizations performing research or other services for law firms or legal practitioners. 7.6 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. AGREED TO AND ACCEPTED BY: NAME: Michael E. Malone lEXIS-NEXIS, a division of Reed Elsevier Inc. BY: NAME: TITLE: DATE: TITLE: City Manager DATE: January 13. 1997 LEXIS PAR BASIC Pricing Amendment for AK, FL, IL, PA or TX November 1996 OM/PRICING APPROVAL FORMS\LE~\AMEND\gl~BFo.DOT @ 1996, LEXIS-NEXIS, a division of Reed Elsevier Inc. All rights re! erved. Page 3 of 3