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Home My WebLink AboutWESTLAWPRO BRIDGE THOMSON WEST - CONTRACT - CONTRACT - WESTLAWTHOM Westlaw. WESTLAWPRO BRIDGE AMENDMENT r AVAILABLE ONLY TO NEW WESTLAW SUBSCRIBERS WEST Amendment to Subscriber Agreement for Westlaw and CD-ROM Libraries between C/ D* ("Subscriber') and West, a Thomson business ("West") as follows: I. Effect of Amendment. The underlying Subscriber Agreement for Westlaw and CD-ROM Libraries, of even date herewith including all Schedules and Order Forms thereto ("Subscriber Agreement"), between Subscriber and West is amended as specifically set forth herein to incorporate the terms of this Amendment. As amended, the Subscriber Agreement shall remain in full force and effect according to its terms and conditions. All terms used in this Amendment shall have the meanings attributed WEST By: Steven Binns Title: Representative 3/31 to them in the Subscriber Agreement This Amendment embodies SUBSCRIBER the entire understanding between the parties with respect to the subject matter of this Amendment and supersedes any and all prior understandings and agreements, oral or written, relating to the%4� subject matter. Name ease print):. J,4645 G 2. Term and Termination. The Subscriber Agreement and this Title: fi F_,C Z cyl:-, u� d— Amendment shall become effective upon approval and acceptance ��, jjj JJJ se N-, 6 7— by West in St. Paul, Minnesota and shall continue in force and Date: `7 effect as set forth in 3.1 and 3.2 herein. ' Subscriber's Address: 300 La Porte Ave. Fort Collins CO 80521 3. WestlawPRO Products 3.1 From the effective date of this Amendment and continuing for a minimum of 30 days thereafter ("Period 1"), Subscriber shall receive access, at no charge, to the WestlawPRO product(s) elected by Subscriber on the Order Form. Access to and use of all other Westlaw databases, Features and services shall be billed to Subscriber at then -current Schedule A Plan 1 WestlawPRO rates. 3.2 From the end of Period 1 and continuing 36 months thereafter ("Period 2"), Subscriber shall receive access to the WestlawPRO product(s) elected by Subscriber on the Order Form, at the rates set forth therein. All access to and use of all other Westlaw databases, Features and services will be billed at the then - current Schedule A Plan 1 WestlawPRO rates and/or Schedule A Plan 1 WestlawPRO rates. 3.3 All other terms and conditions of the Subscriber Agreement shall remain unchanged. toivoa sAMInet 267.dot West west.thomson.com Monthly WestlawPRO Charges for the WestlawPRO, products elected above are billed on the date West processes Subscriber's order and continue for the Term elected below by Subscriber with his/her initials below. If, notwithstanding anything contained in the "Subscriber Agreement" to the contrary, Subscriber agrees to commit to a Term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges shall be limited as set forth below. Upon conclusion of the Term elected below, Monthly WesdawPRO Charges are billed thereafter at then -current rates. Excluded Charges and Monthly WestlawPRO Charges (after the Term) may be modified as set forth in the "Subscriber Agreement". Subscriber's Initials for 24 or 36 Mouth Term and associated limits on Monthly WestlawPRO Charges: 24 Month Term for WestlawPRO Products — Monthly WestlawPRO Charges for second 12 months not to increase by more than _% over Monthly WestlawPRO Charges for initial 12 months. 36 Month Term for WesdawPRO Products — Monthly WestlawPRO Charges for second 12 months not to increase by more than IN, over Monthly WestlawPRO Charges for initial 12 months and Monthly WestlawPRO Charges for third 12 months not to increase by more than _% over Monthly WestlawPRO Charges for second 12 months. Non-WestPack Print Products Full Svc # Non-WestPack Print Products Quantity List Charges Other Charges MIA Notes: Total Charges S Terms of Payment for Print Products. West's standard terms of payment for print products purchased are net 30 days. West may elect to accept installment payments on the purchase price. Installment payment terms are $ per month plus tax for approximately months until the purchase price, plus any additional amounts under this Order Form, is paid in full. Interest is waived on all installments of 12 or 24 months. Subscription Service. Subscription service may consist of updates and supplements to the service, as follows: (a) CD-ROM Libraries: updated, replacement or supplemental CD-ROMs and online updates, and other related supplemental material; (b) Print Products: pocket parts, pamphlets, replacement or ancillary volumes; loose-leaf pages and other related supplemental materials; all of which may be billed separately at then -current rates. Subscriber hereby requests that West provide subscription services for the herein -described products at then -current rates until such subscription services are cancelled by West or cancelled upon written request by Subscriber (or as provided for in the Subscriber Agreement for CD-ROM products). General Provisions. This Order Form is subject to approval by West in St. Paul, Minnesota and is governed by Minnesota law. The state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising from or related to this agreement. Applicable sales, use, personal property, value added tax (VAT) or equivalent, ad valorem and other taxes are payable by Subscriber. Subscriber may be charged interest for overdue installments and subscriptions and for other open account charges. If any installments, subscriptions, subscription services, Westlaw Charges or open account charges remain unpaid 30 days after becoming due, all unmatured installments, including all amounts that are or would become due and payable for the remaining term of Subscriber's Subscriber Agreement, shall become immediately due and payable at the sole option of West. Interest charges may be adjusted to the then -highest current rate allowable on Minnesota contracts. This Order Form is non -transferable. All collection fees, including but not limited to attorneys fees, are payable by Subscriber. Transportation and handling charges will be added for print products. West may make credit investigations it deems appropriate including the request of a consumer credit report from a credit reporting agency on any individual identified in this Order Form. If Subscriber inquires whether a credit report was requested, West will provide information of such, if a report was received and the name, address and telephone number of the agency that supplied the report. Returns. If Subscriber is not completely satisfied with any product received from West, the product may be returned within 45 days of the invoice date for a full refund or credit, in accordance with West's then -current returns policies. Westlaw, Charges are not refundable. The Subscriber Agreement for Westlaw and CD-ROM Libraries, the applicable Schedule A price plan ("Subscriber Agreement") are hereby incorporated by reference and made part of this Order Form. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the terms and conditions of this Order Form, the terms and conditions of this Order Form shall control. Subscriber, by his/her signature below, #stenowledges his/her Nnder,�tanding and acceptance of the terms and conditions of the Subscriber Agreement. Signature AUTHORIZED REPRESENTATIVE FOR ORDER FORM Printed Name J 1co-t- Date `t/ I R Signature For Credit Card �Wansactions only: Visa Master Card American Express Date Card # Exp. Date In me 421 d-, WEST bRDER FORM FOR WESTPAC%PRODUCCS �610 Opperman Drive St. Paul, MN 55164-1803 Tel: 651/687-8000 Account # 1000540433 PO # Date CITY OF FORT COLLINS CITY Subscriber. Organization Name ATTORNEY and/or Individual Name THOMSON Orr— WEST Mar 31 20 05 Address 300 LA PORTE AVE Suite # City FORT COLLINS State CO Zip 80521 p Telephone # ( 970 ) 221-6600 New Account Yes No x t~ Bill To Name Bill To Address 7d City FORT COLONS State CO Zip 80521 MDONALDSON@fcgov.com C Order Confirmation Contact Mary Donaldson Order Confirmation E-Mail MDONALDSON@fcgov.com ' Password Contact Mary Donaldson E-Mail (for password delivery) ' Rep Name and # STEVEN BINNS,11392 Customer Type (checkew): Corp , Gov( x Firm— Solo— Acad WestPack WestlawPRO Products WestPack Promotion Code: WPK3 Total # of Monthly Banded/ Per Total Monthly Full Svc # WestlawPRO Products Passwords Base Rate User Rate Other WestlowPRO Charges Results Plus $269.00 0 Notes (including KeyCodes)_ 144. Z Total Monthly Charges S fps 2 WestPack Print and CD-ROM Products -Quantity of WestPack Titles- ListiCD-ROM Total LisVCD- Fnll Cve H WeatPaek Print and rn-ROM Prndnrts New * Fxi.tina ** ('hares.. nth.r Rr1M (`Nara.. 1 CEG 1 C G L 13972622 CIV ACT STILOC SUB 1 15274868 CIV RIGHTS & LIB LITIG SUB 1 14844186 EASEMENTS & LICENSES LAW SUB 1 1 +4NGE I A 1 C1q0V6E4_ 13515817 MATTHEWS MUN ORDINANCES SUB 1 Total Charges 0.00 * This is a new title for Subscriber or Subscriber maintains an existing subscription to this WestPack title and desires additional copy(ies) — ship and enter subscription(s) for the requested title- ** Subscriber maintains existing subscription(s) to this WestPack title — do not ship. Monthly WestlawPRO Charges and CD-ROM Charges for the product elected above are billed on the date West processes Subscriber's order and continue forthe term elected below Subscriber with his/her initials below (the "Term") for its WestlawPRO subscription. If, notwithstanding anything contained in the "Subscriber Agreement" (as defined herein) to the contrary, Subscriber agrees to commit to a term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges shall be limited as set forth below. Subscriber also agrees to maintain all subscriptions to the WestPack print products (new and/or existing as set forth above) during the Term and the charges for Subscriber's WestPack products (both initial print charges "Initial WestPack Charges" and print and CD-ROM subscription services charges including CD-ROM Charges "WestPack Subscription Charges') shall be discounted as set forth below. Upon conclusion of the Term elected below, Monthly WestlawPRO Charges and WestPack Subscription Charges are billed thereafter at then -current rates. Excluded .Charges and Monthly WestlawPRO Charges (after the Term) may be modified as set forth in the "Subscriber Agreement". Subscriber's Initials for 12,24 or 36 month term for WestlawPRO and WestPack Print and CD-ROM Products and associated WestPack discounts and limits on Monthly WestlawPRO Charges. 12 Month Term for WestlawPRO, WestPack Print and CD-ROM Products — 20% WestPack Print and CD-ROM Product discount (new and existing) 24 Month Term for WestlawPRO, WestPack Print and CD-ROM Products — 30% WestPack Print and CD-ROM Product discount (new and existing) — M*thlyv —WestlawPRO Charges for second 12 months not to increase by more than % over Monthly WestlawPRO Charges for initial 12 months. 6 Month Tenn for WestlawPRO, WestPack Print and CD-ROM Products — 50% WestPack Print and CD-ROM Product discount (new and existing) — WesdawPRO Charges for second 12 months not to increase by more than 4 % over Monthly WestlawPRO Charges for initial 12 months and I jongft WestlawPRO Charges for third 12 months not to increase by more than 4 % over Monthly WesdawPRO Charges for second 12 months. Initials S attorneys or corporate users are employed by Subscriber at the location identified above. Technical Contact for Westlaw Patron Access, Westlaw Correctional Facilities and Westlaw Campus Name (please print): Telephone: WA E-Mail Address: Current Account #: Subscriber's Initials terminals will be used for Patron Access/Correctional Facilities. Westlaw Campus Number Annual Per FTE Monthly Westlaw Full Svc # Westlaw Cam us orFTE's Rate Annual Charge Campus Charge NIA +12 Notes: Westlaw Campus annual billing (please check if requested) Westlaw Passwords and QuickView+ Issue Westlaw Passwords to: Name (last, first, middle initial) Atty Lib Para Other Product Vf G�,Cr 'L e,i cl�_ ..Gdca1Ti Subscriber shall authorize which Westlaw password(s) shall have access to QuickView+, Actual charges billed by West may vary from charges reported on QuickView+. Subscriber shall pay charges as billed. West does not warrant and has no liability with respect to the accuracy of charges or other information on QuickView+. Authorized QuickView+ Password Holder Password Authorized Acct. # Additional WestlawPRO Products 11 Total # of Mo. Banded/ Per Total Monthly Fall Svc # WestlawPRO Products Passwords Base Rate User Rate Other WestlawPRO Charges NIA Notes: Total Monthly Charges: S III inc 421 a..e Monthly WestlawPRO Charges for the WestIawPR0 products elected above are billed on the date West processes Subscriber's order and continue for the Term elected below by Subscriber with his/her initials below. It; notwithstanding anything contained in the "Subscriber Agreement" to the contrary, Subscriber agrees to commit to a Term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges shall be limited as set forth below. Upon conclusion of the Term elected below, Monthly WesdawPRO Charges are billed thereafter at then -current rates. Excluded Charges and Monthly WestlawPRO Charges (after the Term) may be modified as set forth in the "Subscriber Agreement". Subscriber's Initials for 24 or 36 Mouth Term and associated limits on Monthly WestlawPRO Charges: 24 Month Term for WestlawPRO Products — Monthly WestlawPRO Charges for second 12 months not to increase by more than _% over Monthly WestlowPRO Charges for initial 12 months. 36 Month Term for WestlawPRO Products — Monthly WestlawPRO Charges for second 12 months not to increase by more than _% over Monthly WestIaWPRO Charges for initial 12 months and Monthly WestlawPRO Charges for third 12 months not to increase by more than _% over Monthly WestlawPRO Charges for second 12 months. Non-WestPack Print Products r urr )vc if N/A non-westraca rant rroaucts Total Charges S Terms of Payment for Print Products. West's standard terms of payment for print products purchased are net 30 days. West may elect to accept installment payments on the purchase price. Installment payment terms are $ per month plus tax for approximately months until the purchase price, plus any additional amounts under this Order Form, is paid in full. Interest is waived on all installments of 12 or 24 months. Subscription Service. Subscription service may consist of updates and supplements to the service, as follows: (a) CD-ROM Libraries: updated, replacement or supplemental CD-ROMs and ontme updates, and other related supplemental material; (b) Print Products: pocket parts, pamphlets, replacement or ancillary volumes; loose-leaf pages and other related supplemental materials; all of which may be billed separately at then -current rates. Subscriber hereby requests that West provide subscription services for the herein -described products at then -current rates until such subscription services are cancelled by West or cancelled upon written request by Subscriber (or as provided for in the Subscriber Agreement for CD-ROM products). General Provisions. This Order Form is subject to approval by West in St. Paul, Minnesota and is governed by Minnesota law. The state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising from or related to this agreement. Applicable sales, use, personal property, value added tax (VAT) or equivalent, ad valorem and other taxes are payable by Subscriber. Subscriber may be charged interest for overdue installments and subscriptions and for other open account charges. If any installments, subscriptions, subscription services, Westlaw Charges or open account charges remain unpaid 30 days after becoming due, all unmatured installments, including all amounts that are or would become due and payable for the remaining term of Subscriber's Subscriber Agreement, shall become immediately due and payable at the sole option of West. Interest charges may be adjusted to the then highest current rate allowable on Minnesota contracts. This Order Form is non -transferable. All collection fees, including but not limited to attorneys fees, are payable by Subscriber. Transportation and handling charges will be added for print products. West may make credit investigations it deems appropriate including the request of a consumer credit report from a credit reporting agency on any individual identified in this Order Form. If Subscriber inquires whether a credit report was requested, West will provide information of such, if a report was received and the name, address and telephone number of the agency that supplied the report. Returns. If Subscriber is not completely satisfied with any product received from West, the product may be returned within 45 days of the invoice date for a full refund or credit, in accordance with West's then -current returns policies. Westlaw Charges are not refundable. The Subscriber Agreement for Westlaw and CD-ROM Libraries, the applicable Schedule A price plan ("Subscriber Agreement") are hereby incorporated by reference and made part of this Order Form. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the terms and conditions of this Order Form, the terms and conditions of this Order Form shall control. Subscriber, by his/her signature below, a no I edges his/her de standing and acc a of the terms and conditions of the Subscriber A reeme t. / Signature Date t�� AUTHORIZED RE ESENTATIVE FOR ORDER FORM Printed Name Date 14 / Signature X G _ ->< For Credit Card Vansactions only: Visa MasterCard American Express Card # Exp. Date oninc n a 1 a,,. rACLr=* Statement of Services #3 to the Consulting Services Agreement between City of Fort Collins and Oracle USA, Inc. Document ID:20050302125849-RVTOCQ This Statement of Services to the Consulting Services Agreement ("SOS") is made as of March 2, 2005 ("SOS Effective Date") by and between Oracle USA, Inc., as successor in interest to PeopleSoft USA Inc., and City of Fort Collins ("Customer"). This SOS incorporates by reference the Consulting Services Agreement between the parties ("CSA"). In the event of a conflict between the terms of this SOS and the terms of the CSA, the terms of this SOS shall prevail, unless the conflict relates to Oracle warranties, indemnification, or limitation of liability. If the conflict relates to warranties, indemnification or limitation of liability, the terms of the CSA will control except as expressly overridden by the SOS. All capitalized terms not otherwise defined herein shall have the same meaning as in the CSA. 1. General Information. Oracle Client Executive Name: Chuck Trott Address: One Technology Way, Denver, CO 80237 Phone: 8771508-2484 Fax: 3031265-9236 E-mail: Chuck. Trott@oracle.com Customer Project Manager Name: Michelle McDonough Address: 215 N. Mason Street, Fort Collins, CO 80522 Phone: (970)221-6369 Fax: E-mail: mmcdonough@fcgov.com Customer Billing Contact Name: Michelle McDonough Dept: Address 215 N. Mason Street, Fort Collins, CO 80522 Phone: (970)221-6369 Fax: E-mail: mmcdonough@fcgov.com Primary Site at which Services are to be performed Address: Fort Collins, CO 2. Services to be Provided. Provided Customer fulfills the Customer Obligations, Oracle shall provide Customer with advice and consultation services as requested by Customer ("Services'). Oracle will perform the Services at the Primary Site set forth above, or at other sites agreed to between the parties. Customer will be responsible for managing Oracle's performance of the Services. if Customer fails to fulfill the Customer Obligations in a timely manner consistent with the terms hereof, and as a result Oracle: (1) performs additional Services; and/or (ii) is prevented from or delayed in performing Services, Oracle shall have the right to assess fees in addition to those set forth herein. Any such additional fees will be calculated on a time and material basis at the applicable rates set forth below, based on a standard eight (8) hour workday. CNC support for upgrade from 8.0 to 8.11 3. Deliverables. NIA 11 4. Consulting Resources. The preliminary staffing plan set forth in the table below includes the skill level for each consultant anticipated to provide the Services, and their associated hourly rate. For scheduling and planning purposes only, the table also includes start dates and end dates for each consultant, which are estimates only, and will not limit fees due for Services. Services may or may not begin or be completed on such dates. Customer will pay to Oracle applicable fees for all Services provided by Oracle. Oracle staffing Plan Hourly Rate Plamted Planned Consultant(s) Level (USD) Start Date End Date 1 Senior Systems Engineer $265.00 03/28/2005 07/01/05 Patrick Scott *Consultant will provide 120 hours of onsite/remote support from 3/28-7/01/05 5. Additional Customer Obligations. Throughout the provision of Services, Customer will maintain a valid license for the Software, and will remain a current, compliant subscriber to Support Services for the Software. The term 'Support Services" shall have the same meaning as in the License Agreement. The Customer Obligations set forth in this SOS are in addition to the Customer Obligations set forth in the CSA. 6. Fees. Customer shall pay Oracle within thirty (30) calendar days after the date of invoice. Oracle shall invoice Customer on a monthly basis based on each consultant's total hours, or portions thereof, multiplied by such consultant's hourly rate as set forth in the table contained in the Section above entitled "Consulting Resources". Oracle shall invoice Customer on a monthly basis for travel and living expenses incurred by Oracle pursuant to the provision of Services. Invoices are payable in U.S. dollars, and all payments are noncancelable, nonrefundable, and noncontingent unless otherwise provided herein. Customer shall send all payments to the attention of Oracle's Accounts Receivable Department. 7. Expiration of Offer. The offer set forth in this SOS is valid only through 03125/2005, and in the event this SOS is not executed by such date, the offer is rescinded, and all terms are null and void. The undersigned represent and warrant that they are authorized as representatives of the party on whose behalf they are signing, to sign this Statement of Services, and to bind their respective party thereto. OF FORT COLLINS u orized Signature Printed Name and Title G Document ID: 20050302125849-RVfOCQ ORACL t1 A, M99 Authorized Signat re AO . T C BAGNULO SR CONTRACTS MANAGER Printed Name and Title Acknowledgement of Additional Terms and Conditions Applicable to Westlaw Subscriber Agreement for Fort Collins, Colorado, the City Attorney's Office, dated April 18, 2005. The undersigned acknowledge and agree that the following modifications and clarifications apply to the above referenced Subscriber Agreement: 1. The terms of the Subscriber Agreement and this Acknowledgement may be known or become a matter of public record and therefore may be accessible to any interested person, to the extent allowed by law. 2. Notwithstanding any other provision of this Subscriber Agreement or any other incorporated provision, the parties recognize that there are legal constraints imposed upon Subscriber by the constitutions, statutes and rules and regulations of the State of Colorado and of the United States, by the Charter of the City of Fort Collins and the Code of the City of Fort Collins, and that, subject to such constraints, Subscriber expects to carry out the terms and conditions of this Subscriber Agreement. Such constraints include, without limitation, the constraints of Article X, Section 20 of the Colorado Constitution relating to governmental entities incurring multi -year fiscal obligations. Therefore, notwithstanding any other provision of this Subscriber Agreement to the contrary, in no event shall the Subscriber exercise any power or take any action that shall be prohibited by applicable law. Whenever possible, each provision of the Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. 3. No additional cost shall be charged to the Subscriber unless the number of users is eleven or more. These additional terms and conditions are acknowledged and agreed to on behalf of the respective parties to the Agreement, as follows: City of Fort Collins, Colorado Q�) JTMO B. O'Neill Si Director of Purchasing & Risk Management Date:I� Westlaw, Thomson West Representative Date: Subscriber Agreement for Westlaw® and CD-ROM Libraries AGREEMENT entered into between 'Subscriber' as set forth on the West order form ('Order Form") and West, a Thomson business ("West"), regarding Westlaw and/or CD-ROM Libraries, as follows: 1. Westlaw and CD-ROM Libraries. Subscriber may subscribe to Westlaw, West's computer assisted legal research service, via certain packaged Westlaw Schedule A price plans, and/or CD-ROM libraries ('Libraries") by submitting a then -current Order Form. All Library subscriptions shall include access to Westlaw. Westlaw and CD-ROM Libraries are licensed to Subscriber subject to the terms and conditions of this Agreement, the Order Form, the applicable Schedule A or as otherwise agreed by the parties in writing. This Agreement supplements but does not supersede any Westlaw Subscriber Agreement in effect between Subscriber and West as of the effective date of this Agreement ("Existing Westlaw Agreement"). 2. License. (a) Grant. Subscriber is granted a non-exclusive, non -transferable, limited license to access Westlaw and the CD-ROM Library(ies) to which Subscriber subscribes. Such license includes the right to access data made available on Westlaw ("Westlaw Data") and data contained in the CD-ROM Library(ies) ("CD-ROM Data,' collectively 'Data' which includes "Downloaded Data" as defined below). Subscriber may use the Data intemally solely in the regular course of legal and other research and related work. Except as otherwise provided with respect to certain Westlaw Data, the license includes the right to download and temporarily store insubstantial portions of Data ("Downloaded Data") to a storage device under Subscriber's exclusive control solely (i) to display internally such Downloaded Data and (ii) to quote and excerpt such Downloaded Data (appropriately cited and credited) by electronic cutting and pasting or other means in memoranda, briefs and similar work product created by Subscriber in the regular course of its research and work. Subscriber may also create printouts of Data for internal use and for distribution to third parties if such third parties agree not to further distribute the printouts. (b) Limitations. Subscriber may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Data or any portion of the Data, in any form or by any means, except (i) as expressly permitted by this Agreement, (6) with West's prior written permission, or (tit) if not otherwise expressly prohibited by this Agreement or by the "Additional Terms" (as defined below), as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in Subscriber's work product. Subscriber shall not sell, license or distribute Data (including printouts or Downloaded Data) to third parties or use Data as a component of or as a basis for any material offered for sale, license or distribution. (c) Westlaw. Westlaw consists of various West -owned and third party databases, services, functions and remotely -accessed gateways (collectively 'Features") which may change from time to time. Access to certain Features may be restricted. Certain Features are licensed subject to paragraphs 3, 6 and 7 which take precedence over the license granted in this paragraph or additional terms (`Additional Terms"), which apply to certain third -party Features and are different from those set forth in this Agreement Subscriber will be given an opportunity to review Additional Terms by receiving notice of such Additional Terms in writing or online. Additional Terms may be modified effective upon West giving Subscriber notice (in writing or online) of the modification. By using Features governed by Additional Terms, Subscriber agrees to, and will be obligated to comply with, all such Additional Terms as well as the terms and conditions in this Agreement All Additional Terms will be considered part of this Agreement. Subscriber may, on an occasional basis and via Westlaw functionality, direct West to transmit individual documents in electronic format to internal user(s) or transmit West -proprietary documents (i.e. documents not licensed by West from third -parties) to internal user(s) or to a third party who is an individual if such third party agrees not to further disseminate such documents. Subscriber acknowledges its responsibility in assuring compliance with the foregoing by any third party to whom Subscriber transmits documents pursuant to the preceding sentence. Direct transmission of electronic copies by Subscriber is prohibited, except as provided in the electronic brief terms of paragraph 3 herein. (d) CD-ROM Libraries. Each Library is licensed for use at a single Subscriber office location ("Site"). In addition, Subscriber's personnel who work at or are assigned to a licensed Site may access the Libraries by remote dial -in access to the Site or off -Site on stand-alone PCs. Each Library is licensed for use on standalone PCs or on a single local area network ('LAN") installed at a licensed Site that is electronically linked and capable of sharing the use of one or more CD-ROMs. The Order Form will indicate the number of concurrent users authorized to access each Library Westlaw licensed for use on a LAN. Each such Library will be licensed with a proprietary control file which Subscriber may install only on the single LAN. Subscriber may transfer the CD-ROM Data contained in the Library to a single storage drive under Subscriber's exclusive control and to maintain such CD-ROM Data as a searchable CD-ROM Software (as defined herein) compatible database subject to the terms and conditions of this Agreement. Subscriber may also use, only at the Site, West - proprietary Data available as part of a Library as set forth in paragraph 3. Access to Data through wide area networks, multiple LANs, multiple sites or similar arrangements is strictly prohibited. (e) Rights in Data. Except for the license granted in this Agreement, all right, title and interest in the Data, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of West and other contributors ("Contributors"). The CD-ROM Data architecture, Including the format, layout and data structures, are proprietary. Subscriber may not reverse engineer or otherwise attempt to discern such proprietary architecture. The CD-ROMs and West Software, as defined herein, are and will remain the exclusive property of West, its affiliates and software owners. 3. West Proprietary Data. West grants a non-exclusive, non -transferable, limited license to individual users within Subscriber entities to store and use West - proprietary Downloaded Westlaw Data and CD-ROM Data (i.e., documents not licensed by West from third parties) in a searchable database maintained in connection with an ongoing project of the user ("Project Database'). Such database must consist preponderantly of users' work product with access limited to those internal users actively working on the project. The West -proprietary Downloaded Data may be maintained in the Project Database so long as the project remains active or until any termination of the Subscriber Agreement, whichever occurs first. Retention of Downloaded Data in a Project Database after the project ends, in an archival database as used as a research tool or in a database accessible to external users is prohibited. West further grants to Subscriber a limited, non-exclusive, non -transferable license to include West - proprietary Downloaded Data in briefs prepared for a specific cause of action for a specific court in an electronic format. Distribution or dissemination of such West - proprietary Downloaded Data in connection with or as part of a brief is limited to the court before which the cause of action is to be heard, the parties to the cause of action, or their representatives. Any further distribution is prohibited without written permission of West. West -proprietary Downloaded Data included in such briefs must retain West copyright notices and indicate that use of, distribution and dissemination to the permitted parties is with the permission of West. 4. West Software and westlaw.com7lk (a) West Software. West may make available to Subscriber, on a subscription basis, software for use in connection with Westlaw ("Westlaw Software") or to access third party gateway services and certain Westlaw Features not available when accessing Westlaw with CD-ROM software ("CD-ROM Software" including, but not limited to PREMISE®, LawDesk and Folio® used to access the Libraries). Subscriber hereby subscribes to Westlaw Software and CD- ROM Software (collectively "West Software) and updates and accompanying documentation as indicated on the Order Form. West Software will be licensed under a license agreement which will accompany the West Software. By using the West Software (including each update) and taking such other action as may be referenced in the license agreement as constituting acceptance, Subscriber agrees to be bound by the terms and conditions of the accompanying license agreement. If Subscriber does not so agree, Subscriber must return any tangible copies of the West Software in its possession or control- (b) westlaw.com. westlaw.com is an Internet -based service that provides access to Westlaw. West grants Subscriber a non-exclusive, non -transferable, limited license to use westlaw.com (including all versions and updates). Subscriber may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of westlaw.com, nor may Subscriber reproduce all or any portion of the components of westlaw.com. Subscriber may use Westlaw Data cached in Subscriber's local disk drive solely in support of its use of westlaw.com. Certain software used by Subscriber may not be capable of supporting westlaw.com. The performance of westlaw.com varies with the manufacturers' equipment with which it is used. 5. Charges and Modification of Charges. Charges payable for access to Westlaw ("Westlaw Charges') will be as stated on the Order Form and the applicable Schedule A or as otherwise agreed upon in writing by the parties. Westlaw Charges shall commence on the date Subscriber first accesses Westlaw or any Feature or as otherwise stated on the Schedule A or Order Form. Westlaw Charges may be modified upon at least 30 days prior notice to Subscriber in writing or online or pursuant to the terms stated on the Order Form (for the Monthly WesdawPRO Charges associated with the WesdawPRO products elected by Subscriber on the Order Form). The charges currently payable by Subscriber for each Library are as set forth on the Order Form ("CD-ROM Charges"). CD-ROM Charges also include, without limitation, charges for Library additions and Features introduced after the effective date of this Agreement CD-ROM Charges will be determined by West and may be modified at any time without notice. Modification 3/1/05 SAMlnet 41.dot of any charges shall not be considered as an amendment to this Agreement that permits termination of this Agreement pursuant to paragraph 11 herein. All charges are exclusive of sales, use, value added tax (VAT) or equivalent, ad valorem, personal property and other taxes, which are the responsibility of Subscriber. Subscriber will pay all invoices in full within 30 days of receipt. If full payment is not made, Subscriber may be charged up to the maximum legal interest on the unpaid balance. 6. Public Records Databases. Public records databases consist of third party public records databases and filings as identified in the Westlaw Directory ("Public Records Databases'). Subscriber shall not use Public Records Databases in a manner contrary to or in violation of any applicable federal, state, or local law, rule or regulation, including without limitation the Fair Credit Reporting Act (15 U.S.C.A. § 1681 at seq.). Subscriber certifies that it will not use any credit information obtained by it from Public Records Databases as a factor in establishing a consumers eligibility for credit or insurance to be used primarily for personal, family, or household purposes, for employment purposes or for governmental licenses. Subscriber acknowledges that driver license Data accessed via Westlaw is subject to the Driver Protection Privacy Act (18 U.S.C.A. § 2721 at seq.) and related state laws and regulations. By accessing driver license Data, Subscriber acknowledges that from time to time, West and its providers and/or various states may inquire as to Subscriber's compliance with applicable laws. Subscriber agrees to cooperate with said inquiry, subject to any attorney - client confidentiality. 7. West Legal DirectoryT"'. Subscriber may use Westlaw Data and CD- ROM Data contained in West Legal Directory ("WLD") internally in the regular course of Subscriber's business. Subscriber may also create printouts of insubstantial portions of Data consisting of individual WLD listings or selected names and addresses for its own use. Use of WILD to create mailing or marketing lists for commercial purposes or for distribution to third parties is prohibited. 8. Responsibility for Certain Matters. Subscriber may access Westlaw from additional Subscriber locations upon prior notice of such location. Subscriber is responsible for notifying West in writing of persons to whom Westlaw passwords are to be issued or from whom passwords are to be revoked. Subscriber is solely responsible for maintaining security of Westlaw passwords. Subscriber is also responsible for all access to and use of Libraries, CD-ROM Data, CD-ROM Software, Westlaw, Westlaw Data, West Software and westlaw.com (collectively the "Deliverables') by Subscribers personnel or WesOaw passwords, whether or not Subscriber has knowledge of or authorizes such access and use. 9. Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE DELIVERABLES ARE PROVIDED 'AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. SUBSCRIBER'S EXCLUSIVE REMEDY AND WEST'S AND/OR CONTRIBUTORS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE DELIVERABLES WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY SUBSCRIBER RELATIVE TO THE LIBRARY, WESTLAW FEATURE OR THE WEST SOFTWARE, AS APPLICABLE, WHICH IS THE BASIS OF THE CLAIM(S) DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL WEST OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO (i) SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY WEST, OR ITS CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE UPON WESTLAW DATA AND CD-ROM DATA; (ii) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, THE DELIVERABLES, EVEN IF WEST OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iii) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING WESTLAW DATA AND CD-ROM DATA. FURTHER, WEST SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE. NEITHER WEST NOR CONTRIBUTORS MAKE ANY WARRANTY THAT ACCESS TO WESTLAW WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES WEST MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL. SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF WESTLAW-COM ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF WESTLAW DATA OR DAMAGE TO MEDIA. 10. Limitation of Claims. Except for claims relating to Westlaw Charges or CD- ROM Charges, or improper use of the Deliverables, no claim, regardless of form, which in any way arises out of this Agreement may be made, nor action based upon such claim brought under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it. 11. Effect of Agreement. This Agreement (which includes all applicable Order Forms, any Existing Westlaw Agreement, current and future Schedules and Additional Terms, license agreements and the like) embodies the entire understanding between the parties with respect to the subject matter of this Agreement and except as otherwise provided herein supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Except as otherwise provided in this Agreement, West may amend the terms and conditions of this Agreement by giving Subscriber at least 30 days prior written or online notice. Any other amendment must be in writing and signed by both parties. 12. Term and Termination. This Agreement and each Order Form will become effective upon approval and acceptance by West in St. Paul, Minnesota and will continue in effect until terminated by either party upon at least 30 days prior written notice of termination to the other party; provided, however, this Agreement and each Order Form may not be terminated prior to one year after the first day of the month following the date West processes this Agreement and the Order Form and any subsequent Order Form(s), unless otherwise agreed in the Order Form. West may terminate a Library subscription upon 30 days prior written notice if such Library is no longer commercially available. Subscriber may terminate this Agreement immediately by giving written notice of termination after receiving notice of any amendment (as permitted under paragraphs 2(c) and 11), which contains new terms that materially alter the terms of this Agreement and are unacceptable to Subscriber. West may terminate this Agreement immediately upon giving written notice of termination to Subscriber. if Subscriber commits a material breach of this Agreement or of any obligation to West under any other agreement between the parties. Subscriber may terminate this Agreement or any one or more of Subscribers Library subscriptions immediately upon giving written notice of termination to West if West commits a material breach hereof. Upon termination of any Library subscription by either party, Subscriber shall immediately destroy the terminated Library(ies) and destroy all CD-ROM Data maintained on a permanent storage drive. Upon any termination of this Agreement, the West Software licenses shall also terminate. 13. Force Majeurs. West's performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. 14. Notices. Except as otherwise provided in this Agreement, all notices must be given in writing to West at 610 Opperman Drive, P.O. Box 64833, St. Paul, Minnesota 55164-0833, Attention: Customer Service, and to Subscriber at the address on the Order Form. 15. General Provisions. This Agreement will be governed by and construed under the law of the state of Minnesota, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. Neither this Agreement nor any part or portion hereof may be assigned, sublicensed or otherwise transferred by Subscriber without West's prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected. Faikire of either party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part hereof. West, as used herein, applies to West Publishing Corporation, West Services, Inc., West Applications, Inc. and their affiliates. 311105 SAMlnet 41.dot WEST ORDER FORM FOR WESTPACR PRODUCTS 61I6 Opperman Drive St. Paul, MN 55164-1803 Tel: 651/687-8000 THC7MSON WEST Account # 1000640433 PO # Date Mar 31 20 05 CITY OF FORT COLLINS CITY Subscriber: Organization Name ATTORNEY and/or Individual Name Address 300 LA PORTE AVE Suite # City FORT COLLINS State CO Zip 80521 A Telephone # ( 970 ) 221-6500 New Account Yes No x r~ Bill To Name Bill To Address " 7d City FORT COLLINS State CO Zip 80521 MDONALDSON@fcgov.com C Order Confirmation Contact Mary Donaldson Order Confirmation E-Mail MDONALDSON@fcgov.com Password Contact Mary Donaldson E-Mail (for password delivery) ' Rep Name and # STEVEN BINNS,11392 Costo ner Type (check one): Corp— Govt x Firm ` Sob , Acad WestPack Promotion Code: WPK3 WestPack WestlawPRO Products Total # of Monthly Bandedl Per Total Monthly Fall Svc # WestlawPRO Products Passwords Base Rate User Rate Other WestlawPRO Charges All Primary Law Library ;1461.00 _l768 80 Notes (including KeyCodes): Total Monthly Charges S ( DqS. 4 S WestPack Print and CD-ROM Products -Quantity of WestPack Titles- List/CD-ROM Total List/CD- Full qve It WpetPsrk Print and Cn-unm Pradneta Now * Rxietina ** Charepe nthor unm f h2roe¢ 21023000 CJS SUB 1 40137786 CJS TOC ONLY SUB 1 21054976 CO DIG 2D SUB 1 22012424 CO Practice Series 1 18122988 CO Reporter 1 13515833 MCQUILLIN MUN CORPS SUB 1 13515825 MCQUILLIN MUN LAW REP NEWSL SUB 1 13515787 MUN LEGAL FMS SUB 1 Total Charges 0.00 ' This is a new title for Subscriber or Subscriber maintains an existing subscription to this WestPack title and desires additional copy(ies) - ship and enter subscription(s) for the requested title- ** Subscriber maintains existing subscription(s) to this WestPack title- do not ship. Monthly WesdawPRO Charges and CD-ROM Charges for the product elected above are billed on the date West processes Subscriber's order and continue forthe term elected below Subscriber with his/her initials below (the "Term") for its WesdawPRO subscription. If, notwithstanding anything contained in the "Subscriber Agreement" (as defined herein) to the contrary, Subscriber agrees to commit to a term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges shall be limited as set forth below. Subscriber also agrees to maintain all subscriptions to the WestPack print products (new and/or existing as set forth above) during the Term and the charges for Subscriber's WestPack products (both initial print charges "Initial WestPack Charges" and print and CD-ROM subscription services charges including CD-ROM Charges "WestPack Subscription Charges") shall be discounted as set forth below. Upon Adak AIMER 0/I/nG 121 dam. " a conclusion of the Term elected below, Monthly WestlawPRO Charges and WestPack Subscription Charges are billed thereafter at then -current rates. Excluded Chdges and Monthly WestlawPRO Charges (after the Term) may be modified as set forth in the "Subscriber Agreement". Subscriber's Initials for 12, 24 or 36 mouth term for WestlawPRO and WestPack Print and CD-ROM Products and associated WestPack discounts and limits on Monthly WestlawPRO Charges. 12 Month Term for WestlawPRO, WestPack Print and CD-ROM Products — 20% WestPack Print and CD-ROM Product discount (new and existing) _ 24 Month Term for WestIawPRO, WestPack Print and CD-ROM Products — 30% WestPack Print and CD-ROM Product discount (new and existing) — onthlyWestlawPRO Charges for second 12 months not to increase by more than _% over Monthly WestlawPRO Charges for initial 12 months. �►�36 Month Term for WestlawPRO, WestPack Print and CD-ROM Products — 50% WestPack Print and CD-ROM Product discount (new and existing) — thly WestlawPRO Charges for second 12 months not to increase by more than 4 % over Monthly WestlawPRO Charges for initial 12 months and y WestlawPRO Charges for third 12 months not to increase by more than 4 % over Monthly WestlawPRO Charges for second 12 months. scriber's Initials !_attorneys or corporate users are employed by Subscriber at the location identified above. IT.. nrn, Rntn Technical Contact for Westlaw Patron Access, Westlaw Correctional Facilities and Westlaw Campus Name (please print): Telephone: NIA E-Mail Address: Current Account #: Subscriber's Initials terminals will be used for Patron Access/Correctional Facilities. Westlaw Campus Number Annual Per FTE Mouthly W estlaw Full Svc # Westlaw Carom orFTE's Rate Annual Char a Campos arge NIA +12 Notes: Westlaw Campus annual billing (please check if requested) Westlaw Passwords and QuickView+ Issue Westlaw Passwords to: Name (last. first. middle ioitiall Attv Lib Para Other Product V'L EG A Me ri),r Lf/ 04 c ra ,,_ Subscriber shall authorize which Westlaw password(s) shall have access to QuickView+. Actual charges billed by West may vary from charges reported on QuickView+_ Subscriber shall pay charges as billed. West does not warrant and has no liability with respect to the accuracy of charges or other information on QuickView+. Authorized QuickView+ Password Holder Password Authorized Acct. # Additional WestlawPRO Products Total # of Mo. Banded/ Per Total Monthly Frill Svc # WestlawPRO Products Passwords Base Rate User Rate Other WestlawPRO Charges NIA Notes: Total Monthly Charges: S In inc n» d,.r Monthly WestlawPRO Charges for the WestlawPRO products elected above are billed on the date West processes Subscriber's order and continue for the Term elected below by Subscriber with his/her initials below. If, notwithstanding anything contained in the "Subscriber Agreement" to the contrary, Subscriber agrees to commit to a Term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges shall be limited as set forth below. Upon conchision of the Term elected below, Monthly WestlawPRO Charges are billed thereafter at then -current rates. Excluded Charges and Monthly WestlawPRO Charges (after the Term) may be modified as set forth in the `Subscriber Agreement". Subscriber's Initials for 24 or 36 Month Term and associated limits on Monthly WestlawPRO Charges: 24 Month Term for WestlawPRO Products - Monthly WestlawPRO Charges for second 12 months not to increase by more than _% over Monthly WestlawPRO Charges for initial 12 months. 36 Month Term for WestlawPRO Products - Monthly WestlawPRO Charges for second 12 months not to increase by more than _% over Monthly WestlawPRO Charges for initial 12 months and Monthly WestlawPRO Charges for third 12 months not to increase by more than _% over Monthly WestlawPRO Charges for second 12 months. Non-WestPack Print Products Full Svc # Non-WestPack Print Products Quantity List Charges Other Charges N/A Notes: Total Charges S Terms of Payment for Print Products. West's standard terns of payment for print products purchased are net 30 days. West may elect to accept installment payments on the purchase price. Installment payment terms are $ per month plus tax for approximately months until the purchase price, plus any additional amounts under this Order Form, is paid in full. Interest is waived on all installments of 12 or 24 months. Subscription Service. Subscription service may consist of updates and supplements to the service, as follows: (a) CD-ROM Libraries: updated, replacement or supplemental CD-ROMs and online updates, and other related supplemental material; (b) Print Products: pocket parts, pamphlets, replacement or ancillary volumes; loose-leaf pages and other related supplemental materials; all of which may be billed separately at then -current rates. Subscriber hereby requests that West provide subscription services for the herein -described products at then -current rates until such subscription services are cancelled by West or cancelled upon written request by Subscriber (of as provided for in the Subscriber Agreement for CD-ROM products). General Provisions. This Order Form is subject to approval by West in St. Paul, Minnesota and is governed by Minnesota law. The state and federal courts sitting in Minnesota will have exclusive jurisdiction over any claim arising from or related to this agreement. Applicable sales, use, personal property, value added tax (VAT) or equivalent, ad valorem and other taxes are payable by Subscriber. Subscriber may be charged interest for overdue installments and subscriptions and for other open account charges. If any installments, subscriptions, subscription services, Westlaw, Charges or open account charges remain unpaid 30 days after becoming due, all unmatured installments, including all amounts that are or would become due and payable for the remaining term of Subscriber's Subscriber Agreement, shall become immediately due and payable at the sole option of West. Interest charges may be adjusted to the then -highest current rate allowable on Minnesota contracts. This Order Form is non -transferable. All collection fees, including but not limited to attorneys fees, are payable by Subscriber. Transportation and handling charges will be added for print products. West may make credit investigations it deems appropriate including the request of a consumer credit report from a credit reporting agency on any individual identified in this Order Form. If Subscriber inquires whether a credit report was requested, West will provide information of such, if a report was received and the name, address and telephone number of the agency that supplied the report. Returns. If Subscriber is not completely satisfied with any product received from West, the product may be returned within 45 days of the invoice date for a full refund or credit, in accordance with West's then -current returns policies. Westlaw Charges ate not refundable. The Subscriber Agreement for Westlaw and CD-ROM Libraries, the applicable Schedule A price plan ("Subscriber Agreement") are hereby incorporated by reference and made part of this Order Form. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the terms and conditions of this Order Form, the terms and conditions of this Order Form shall control. Subscriber, by his/her signature below, asks wledges his/her ondersta ding and acceppta�nc/e of the t and conditions of the Subscriber Agr meat. _ Signature X _-�r�C_G _ _ Date AUTHORIZED Printed Name Date `1 Signature X ATWE FOR ORDER FORM For Credit Card Transactions only: Visa Master Card American Express Card # Exp. Date on,nc rat d.., t WEST�ORDER FORM FOR WESTPACB PRODUCTS 610 Opperman Drive St. Paul, MN 55164-1803 Tel: 651/687-8000 THOMSC)m .� r WEST Account # 1000540433 PO # Date Mar 31 20 05 CITY OF FORT COLLINS CITY Subscriber: Organization Name ATTORNEY and/or Individual Name Y Y Address 300 LA PORTE AVE Suite # 0 City FORT COLLINS State CO Zip 80521 t3d A Telephone # ( 970 ) 221-6500 New Account Yes No x C Bill To Name Bill To Address 7d City FORT COLLINS State CO Zip 80521 MDONAIDSON@fcgov.com C Order Confirmation Contact Mary Donaldson Order Confirmation E-Mail MDONALDSON@fcgov.com ' Password Contact Mary Donaldson E-Mail (for password delivery) ' Rep Name and # STEVEN BINNS, 11392 Customer Type (check one): Corp_ Govt x Firm_ Solo— Acad WestPack Promotion Code: WPK3 WestPack WesdawPRO Products Total # of Monthly Banded/ Per Total Monthly Full Svc # WestlawPRO Products Passwords Base Rate User Rate Other WestlawPRO Charges Colorado Analytical 1 $94.00 Notes (including KeyCodes): -7D. Total Monthly Charges S 70. SO WestPack Print and CD-ROM Products -Quantity of WestPack Titles- List/CD-ROM Total List/CD- Full Svr 11 WestParh Print and Cll-ROM Products New * Fxistino *• Charoes Other ROM Charoes 13504678 CO LAW ANNO 2D SUB 1 CANG 13975494 STATE & LOCAL GOVT CIV RTS LIAB SUB 1 bd 1 14854726 ZONING & PLANNING LAW HNDBK SUB 1 13515639 ZONING & PLANNING LAW SUB 1 Total Charges 0.00 • This is a new title for Subscriber or Subscriber maintains an existing subscription to this WestPack title and desires additional copy(ies) - ship and enter subscription(s) for the requested title. ** Subscriber maintains existing subscription(s) to this WestPack title - do not ship. Monthly WestlawPRO Charges and CD-ROM Charges for the product elected above are billed on the date West processes Subscriber's order and continue forthe term elected below Subscriber with his/her initials below (the "Term") for its WesdawPRO subscription. If, notwithstanding anything contained in the "Subscriber Agreement" (as defined herein) to the contrary, Subscriber agrees to commit to a term of 24 months or 36 months, any increases in Subscriber's Monthly WestlawPRO Charges shall be limited as set forth below. Subscriber also agrees to maintain all subscriptions to the WestPack print products (new and/or existing as set forth above) during the Term and the charges for Subscriber's WestPack products (both initial print charges "Initial WestPack Charges" and print and CD-ROM subscription services charges including CD-ROM Charges "WestPack Subscription Charges") shall be discounted as set forth below. Upon on inc e»a,,. ° conclusion of the Term elected below, Monthly WestlawPRO Charges and WestPack Subscription Charges are billed thereafter at then -current rates. Excluded Charges and Monthly WestlawPRO Charges (after the Term) may be modified as set forth in the "Subscriber Agreement". Subscriber's Initials for 12,24 or 36 month term for WestlawPRO and WestPack Print and CD-ROM Products and associated WestPack discounts and limits on Monthly WestlawPRO Charges. 12 Month Term for WestlawPRO, WestPack Print and CD-ROM Products — 20% WestPack Print and CD-ROM Product discount (new and existing) _ 24 Month Term for WestlawPRO, WestPack Print and CD-ROM Products — 30% WestPack Print and CD-ROM Product discount (new and existing) — Mont4ly WestlawPRO Charges for second 12 months not to increase by more than _% over Monthly WestlawPRO Charges for initial 12 months. b Month Term for WestlawPRQ WestPack Print and CD-ROM Products — 50% WestPack Print and CD-ROM Product discount (new and existing) — Monthly WestlawPRO Charges for second 12 months not to increase by more than 4 %over Monthly WesdawPRO Charges for initial 12 months and estlawPRO Charges for third 12 months not to increase by more than 4 % over Monthly WestlawPRO Charges for second 12 months. scriber's Initials 8 attomeys or corporate users are employed by Subscriber at the location identified above. Technical Contact for Westlaw Patron Access, Wesdaw Correctional Facilities and Westlaw Campus Name (please print): Telephone: NIA E-Mail Address: Current Account #: Subscriber's Initials terminals will be used for Patron Access/Correctional Facilities. Westlaw Campus Number Annual Per FTE Monthly Westlaw Full Svc # Westlaw Campus of FTE's Rate Annual Char a Cam us Char e NIA J +12 Notes: Westlaw Campus annual billing (please check if requested) Westlaw Passwords and uickView+ Issue Westlaw Passwords to: Name (last, first, middle initial) Atty Lib Para Other Product Subscriber shall authorize which Westlaw password(s) shall have access to QuickView+. Actual charges billed by West may vary from char¢es reported on ,4. -r. auusu2ucr 5mm pay cnarges as omea. west aces not warrant and has no liability with respect to the accuracy of charges or other information on QuickView+. Authorized QuickView+ Password Holder Password Authorized Acct. # Additional WestlawPRO Products Total # of Mo. Banded/ Per Total Mnnthly Full Svc # WestlawPRO Products Passwords Base Rate User Rate Other WestlawPRO Charges N/A Notes: Total Monthly Charges: S A 21 4-,