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Experian/CPD Ci'k ID. 01P .10.07 APPROVED, A TO FORM BY: EXPERIAN STANDARD TERMS AND CONDITIONS This Standard Terms and Conditions "Agreement is made on the Effective Date set forth below between Experian Information Solutions, Inc. and Experian Marketing Solutions, Inc. (collectively, "Experian and the Client indicated below at the signature line "Client All references herein to this Agreement, unless otherwise specified, shall include the schedules and exhibits to this Agreement. 1. Agreement. This Agreement contains the standard terms and local law, rule or regulation, or to address matters concerning conditions for Experian's provision of products and services privacy and confidentiality, upon reasonable notice to Client. (collectively, the "Services to the Client. The terms of this Agreement shall be supplemented by individual schedules Data and Intellectual Property Ownership. Client containing additional terms and conditions applicable to specific acknowledges that Experian has expended substantial time, effort Services (each a "Schedule and funds to create and deliver the Services and compile its various databases. All data in Experian's databases and any other 2. Term. The term of this Agreement shall begin upon the intellectual property that are part of the Services are and will Effective Date set forth below and shall continue in effect until the continue to be Experian's exclusive property. Nothing contained in termination or expiration of all Schedules issued pursuant to this this Agreement or in any Schedule shall be deemed to convey to Agreement. Client or to any other party any ownership interest in or to intellectual property or data provided in connection with the 3. Client Orders. Client shall provide Experian with such Services. information as necessary to provide the Services, which shall include at Experian's request job specifications or criteria 8. Termination for Cause. If either party is in material breach of reasonably necessary to perform the Services "Client Order The this Agreement or any Schedule, the non breaching party may terms of this Agreement shall be superior to, and supersede, any terminate the individual Schedule or this Agreement, as applicable, conflicting or inconsistent terms contained in any Client Order or provided such breach is not cured within thirty (30) days following other Client provided documents. If Client changes or cancels a written notice of such breach, unless such breach is the failure to Client Order, or any portion thereof, after Experian has commenced pay for the Services under the terms of this Agreement, in which work, Client agrees to pay Experian for its costs incurred for such case Client shall have ten (10) days to cure such breach following work in process. If the Services are substantially completed at the notice. Notwithstanding the foregoing, this Agreement or any time of such change or cancellation, Client agrees to pay Experian Schedule may be terminated by Experian immediately upon written the full price for such Services. notice to Client if in Experian's reasonable good faith judgement any Services and /or data provided to Client are being used or disclosed 4. Fees and Payment. Client will pay Experian for the Services contrary to this Agreement or any Schedule. In the event that this in the amounts agreed upon and set forth in the applicable Agreement or a Schedule is terminated as a result of a breach, the Schedule or other mutually agreed pricing document. Unless non- breaching party shall, in addition to its rights of termination, be otherwise provided in an applicable pricing document, Experian entitled to pursue all other remedies against the breaching party. shall have the right to revise or amend the pricing by providing thirty Termination of this Agreement or any Schedule shall not relieve (30) days prior written notice to Client before such revision or Client of its obligation to pay for any Services performed or provided amendment becomes effective. Experian's invoices will be deemed by Experian under this Agreement or any Schedule. to be correct and acceptable to Client unless Client advises Experian of disputed items within ten (10) days of their receipt. 9. Warranty and Disclaimers. Experian warrants to Client that Payments shall be made to Experian within thirty (30) days of Experian will use commercially reasonable efforts to deliver the invoice date. If Client fails to pay any invoice in accordance with the Services in a timely manner. Because the Services involve foregoing terms, Client shall also pay interest on the unpaid amount conveying information provided to Experian by other sources, at the lesser of one and one -half percent (1.5 per month or the Experian cannot and will not, for the fee charged for the Services, maximum amount allowed by law. The prices and rates for the be an insurer or guarantor of the accuracy or reliability of the Services do not include either shipping costs or applicable federal, Services or the data contained in its various databases. THE state, local, or foreign sales or use taxes, and Client will pay or WARRANTY IN THE FIRST SENTENCE OF THIS PARAGRAPH reimburse Experian for such shipping costs and taxes. IS THE ONLY WARRANTY EXPERIAN HAS GIVEN CLIENT WITH RESPECT TO THE SERVICES. EXPERIAN MAKES NO 5. Confidential Treatment. Under no circumstances will Client REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, resell or otherwise disclose to any other person, other than WITH RESPECT TO THE SERVICES, ANY EXPERIAN DATA, OR employees or agents whose duties reasonably relate to the lawful ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) business purpose for which the Services were obtained, any of the SUPPLIED BY EXPERIAN HEREUNDER, AND EXPERIAN Services or data that Experian delivers to Client. Both parties HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED hereby acknowledge that the Services and /or data provided by WARRANTIES WITH RESPECT THERETO, INCLUDING either party to the other may include personal information pertaining WITHOUT LIMITATION, ANY WARRANTIES AS TO THE to individual consumers, and requires that the parties treat such ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY information responsibly and take reasonable steps to maintain DATA OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, appropriate confidentiality and to prevent unlawful dissemination or OR FITNESS FOR A PARTICULAR PURPOSE. misuse by its employees, officers, agents or any other person with access to such information. The Services and data shall only be 10. Limitation of Liability. Client acknowledges that Experian used as expressly authorized in this Agreement or in any Schedule. maintains several databases updated on a periodic basis, and that Experian does not undertake a separate investigation for each 6. Compliance with Laws. Experian shall comply with all inquiry or request for Services made by Client. Client also federal, state and local laws, rules, regulations and decisions acknowledges that the prices Experian charges for the Services are applicable to Experian's provision of Experian data and the Services based upon Experian's expectation that the risk of any loss or injury pursuant to this Agreement. Client shall comply with all federal, that may be incurred by use of the Services will be borne by Client state and local laws, rules regulations and decisions applicable to and not Experian. Client therefore agrees that it is responsible for Client's collection and provision to Experian of the Client data and determining that the Services are in accordance with Experian's Client's use of the Experian data and Services provided pursuant to obligations under this Agreement. If Client reasonably determines this Agreement. Experian reserves the right to revise the terms, or that the Services do not meet Experian's obligations under this conditions or pricing under this Agreement, any Schedule and/or the Agreement, Client shall so notify Experian in writing within ten days Services (including without limitation the right to withdraw or restrict after receipt of the Services in question. Client's failure to so notify affected data) to meet any requirement imposed by federal, state, or Experian shall mean that Client accepts the Services as is. If Client so notifies Experian within ten days after receipt of the Services, 6.23.09 1 STAC N then, unless Experian reasonably disputes Client's claim, Experian 14. Excusable Delays. Neither party shall be liable for any delay shall, at its option, either reperform the Services in question or issue or failure in its performance under this Agreement (except for the Client a credit for the amount Client paid to Experian for the payment of money) if and to the extent which such delay or failure is nonconforming Services. EXPERIAN'S REPERFORMANCE OF caused by events beyond the reasonable control of the party THE SERVICES OR THE REFUND OF ANY FEES CLIENT HAS including, without limitation, acts of God, public enemies, or PAID FOR SUCH SERVICES SHALL CONSTITUTE CLIENT'S terrorists, labor disputes, equipment malfunctions, material or SOLE REMEDY AND EXPERIAN'S MAXIMUM LIABILITY UNDER component shortages, supplier failures, embargoes, rationing, acts THIS AGREEMENT. IF NOTWITHSTANDING THE ABOVE, of local, state or national governments or public agencies, utility or LIABILITY IS IMPOSED ON EXPERIAN, THEN CLIENT AGREES communication failures or delays, fire, earthquakes, flood, THAT EXPERIAN'S TOTAL LIABILITY FOR ANY OR ALL OF epidemics, riots and strikes. if a party becomes aware that such an CLIENT'S LOSSES OR INJURIES FROM EXPERIAN'S ACTS OR event is likely to delay or prevent punctual performance of its own OMISSIONS UNDER THIS AGREEMENT, REGARDLESS OF THE obligations, the party will promptly notify the other party and use its NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO best effort to avoid or remove such causes of nonperformance and HAVE BEEN VIOLATED, SHALL NOT EXCEED THE AMOUNT to complete delayed job whenever such causes are removed. PAID BY CLIENT TO EXPERIAN UNDER THIS AGREEMENT FOR THE PARTICULAR SERVICES WHICH ARE THE SUBJECT 15. Choice of Law. This Agreement is governed by and OF THE ALLEGED BREACH DURING THE SIX MONTH PERIOD construed in accordance with the internal substantive laws of the PRECEDING THE ALLEGED BREACH BY EXPERIAN. CLIENT State of California. Any dispute under this Agreement shall be COVENANTS THAT IT WILL NOT SUE EXPERIAN FOR ANY brought in the federal or state courts in Orange County, California. AMOUNT GREATER THAN SUCH AMOUNT. 16. Notices. All notices, requests and other communications NOTWITHSTANDING ANY OTHER PROVISION OF THIS hereunder shall be in writing and shall be deemed delivered at the AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE time of receipt if delivered by hand or communicated by electronic TO THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, transmission, or, if mailed, three (3) days after mailing by first class CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES mail with postage prepaid. Notices to Experian and Client shall be (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS addressed to the addresses provided below each party's signature, REPUTATION, LOST BUSINESS, OR LOST PROFITS), or to such other address as either party shall designate in writing to WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, the other from time to time. EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY THAT 17. Complete Agreement. This Agreement, as supplemented by SUCH DAMAGES MIGHT ARISE. any Schedules, sets forth the entire understanding of Client and 11. Waiver. Either party may waive compliance by the other party Experian with respect to the subject matter hereof and supersedes with any covenants or conditions contained in this Agreement or all prior letters of intent, agreements, covenants, arrangements, any Schedule, but only by written instrument signed by the party communications, representations, or warranties, whether oral or waiving such compliance. No such waiver, however, shall be written, by any officer employee, or representative of either party deemed to waive any other circumstance or any other covenant or relating thereto. condition not expressly named in the written waiver. 18. Amendments. This Agreement may only be amended in 12. Audit. Experian will have the right to audit Client's and any of writing signed by authorized representatives of both parties. its agent's use of the Services to assure compliance with the terms 19. Survival. The provisions of Sections 4, 5, 6, 7, 9, 10, 12 and of this Agreement. Client will be responsible for assuring full 16, in addition to any other provisions of this Agreement or any cooperation with Experian in connection with such audits and will Schedule that would normally survive termination, shall survive provide Experian or obtain for Experian access to such properties, termination of this Agreement for any reason. records and personnel as Experian may reasonably require for such purpose. 20. Authority to Sign. Each party represents that (i) the person signing this Agreement or any Schedule has all right, power and 13. Successors and Assigns. This Agreement will be binding authority to sign this Agreement or any Schedule on behalf of such upon and will inure to the benefit of the parties hereto and their party; and (ii) such party has full power and authority and all respective heirs, representatives, successors and permitted necessary authorizations to comply with the terms of this assignees. This Agreement may not be assigned, transferred, Agreement and to perform such party's obligations under this shared or divided in whole or in part by Client without Experian's Agreement. prior written consent. IN WITNESS WHEREOF, Client and Experian sign and deliver this Agreement as of the Effective Date set forth below. CITY OF CARMEL, INDIANA EXPERIAN INFORMATION SOLUTIONS by and through its Board of Public Works and Safety By. V0� 412suri--- By. /.r 1 James Brainard, Presiding Officer thori. -d Signature e ate: j Printed Name ry nn Burke, Member Date: /0 S ENIteR. Coati:At Askwi42- Title Lori S tson, Member FID/TIN 3 ,3 y3 9 Date: /10 6.23.09 2 STAC SSN if Sole Proprietor: A) 4 ATTEST: 14 Date: SOT ../-0 D4 ID 1/41 Diana Cordray,f Clerk- Treasurer Address for Notices: Experian Information Solutions, Inc. ate: 475 Anton Boulevard Physical Address for Notice: Costa Mesa, CA. 92626 Attn: General Counsel 6.23.09 3 STAC EXPERIAN CONSUMER SERVICES SCHEDULE This Consumer Services Schedule "Schedule supplements the Experian Standard Terms and Conditions, dated �i7 7Q /a "Agreement currently in place between Experian and Client. 1. Application. For the purposes of this Schedule, the term 6. Data Contribution. If Client contributes information on its credit "Services" shall mean Experian's provision of services to Client which experience with consumers, including updates thereof, (collectively include the supply of consumer credit information, account review "Client Records to Experian, Client agrees to make Client Records services, identification information, generic scoring services, and available to Experian at mutually agreeable times and format, in other data services from information stored in one of Experian's accordance with Section 623 of the FCRA. Client shall provide Client consumer databases. Experian will provide the Services to Client for Records which are accurate to the best of its knowledge and shall the fees set forth in the attached Pricing Exhibit. promptly update and correct all known inaccurate information. Client shall provide Experian with written notice (i) if any information is 2. Term. Unless a term is specified in the applicable pricing disputed by a consumer, (ii) if the consumer closes the account; and document signed by both parties, this Schedule shall commence on (iii) not later than 90 days after furnishing the information, of the date the Schedule Effective Date and continue in force without any fixed of the commencement of the delinquency of an account which is date of termination, but Client or Experian may terminate this placed for collection. Client shall bear the expense of preparing and Schedule upon thirty (30) days prior written notice to the other party. delivering Client's Records to Experian. Experian may incorporate, at Experian's expense, Client Records into its credit reporting system. 3. FCRA Use. Client will request and use the Services strictly in Information, once incorporated and merged with other contributed accordance with the federal Fair Credit Reporting Act, 15 U.S.C. 1681 data, will be Experian's exclusive property. Client shall retain et. seq., as amended (the "FCRA Without limiting the foregoing, ownership in information used to compile its Client Records. At Client certifies that Client will request and use the Services solely in Experian's request, Client will promptly reinvestigate and verify the connection with (i) a single credit transaction with a consumer, or, if accuracy of Client Records. Experian may use Client Records for any applicable, for another "permissible purpose" as defined by the FCRA; purpose consistent with applicable federal, state and local laws, rules, and (ii) transactions involving the consumer as to whom such and regulations; provided, however, that Experian will use reasonable information is sought and will not request or use such Services for commercial efforts not to release a list that specifically identifies purposes prohibited -by- law. Client•further- oertifies that it will comply individuals -as Client's•customers:- with all requirements of the FCRA applicable to it. If Client has purchased a consumer report from Experian in connection with a 7. Third Party Processors. In the event Client chooses to use a consumer's application for credit, and the consumer makes a timely third party to perform certain data processing or model building request of Client, Client may share the contents of that report with the services, the parties understand and acknowledge that the third party consumer as long as it does so without charge and only after shall be acting on behalf of Client. Client will cause the third party to authenticating the consumer's identity. (i) handle, process, and possess all Experian provided data in accordance with this Agreement, and (ii) sign a Third Party Processor 4. Data Use Restrictions. Client agrees that it will not, either Undertaking form. Client shall provide Experian with the appropriate directly or indirectly, itself or through any agent or third party, without mailing instructions at least ten (10) days prior to the requested the prior written consent of Experian, request, compile, store, shipment date. maintain, resell or use the Services (including any of the information contained in the Services) to build its own credit reporting database. Client shall be solely responsible for assuring the secure and 8. Point of Sale Certification. In compliance with Section confidential manner in which it stores, delivers and transmits Services 1785.14(a) of the California Civil Code, Client certifies to Experian to its authorized employee users. Client shall, at a minimum, comply that (i) Client IS IS NOT a retail seller, as defined in Section with Experian's standard access security requirements. 1802.3 of the California Civil Code "Retail Seller and issues credit to consumers who appear in person on the basis of applications for 5. Inquiries. When accessing Services, Client certifies it will use credit submitted in person "Point of Sale); (ii) if Client is a Retail reasonable measures to identify consumers and will accurately Seller who issues Point of Sale credit, Client will instruct its provide Experian with complete identifying information about the employees and agents to inspect a photo identification of the consumer inquired upon in the form specified by Experian. Client will consumer at the time an application is submitted in person; and (iii) it enter all requested Client and type code information when requesting will only use the appropriate subscriber code number designated by Services. Experian may use Client's inquiry data for any purpose Experian for accessing consumer reports for California Point of Sale consistent with applicable federal, state and local laws, rules, and credit transactions conducted by Retail Seller. Client shall notify regulations. Client will be responsible for installing the necessary Experian within 24 hours of any change in Client's status as a Retail equipment, software and security codes to prevent unauthorized Seller. access to an Experian database. This Schedule, together with the applicable pricing document and the Agreement as amended herein constitutes the entire agreement between the parties with respect to the Services provided hereunder and supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications between the parties. CITY OF CARMEL, INDIANA EXPERIAN INFORMATION SOLUTIONS by and through its Board of Public Works and Safety By Q By Jam s Brainard, Presiding Officer Aut•.rize•'Signature Date Printed Name ary Ann :urke, Me be Date: t /c Se24 102.. 6 'MAW b /i44, Et/- Title 1.01.09 ConsumerServicesSchedule EXPERIAN i CONSUMER SERVICES SCHEDULE 'L Lori S. Watson, ber FID/TIN: t 3 43 I g a_ Date: /O /C,, i I 0 SSN if Sole Proprietor: ATTEST: 1./ SEPT c0I (b 1 Date: Ai it i �`a. a A C, Cle dr-surer Address for Notices: Date: 1D7/0 /1 o Experian Information Solutions, Inc. 475 Anton Boulevard Physical Address for Notice: Costa Mesa, CA. 92626 Attn: General Counsel 1.01.09 ConsumerServicesSchedule EXPERIAN CONSUMER SERVICES SCHEDULE SUPPLEMENT This Consumer Services Schedule Supplement Supplement to the Consumer Services Schedule "Schedule supplements the Experian Standard Terms and Conditions, dated 9 1 i1 "Agreement currently in place between Experian and Client. Instructions. For each of the Services listed below th t Client wishes to use, check the box to the immediate left of that Service. Client must check the box and sign below, before gaining access to these services. Depersonalized (Coded) Data, Historical Validation, Responder /Non- Responder. Depersonalized Data means certain data about consumers possessed by Experian and retained for modeling and research purposes which has consumers' identifying information coded or masked. Upon Client's request, Experian will provide the Depersonalized Data that may also include a record identifier. Client certifies to Experian that Client has no known ability to, and will not seek to (a) link the Depersonalized Data or record identifier to the individual identity of the consumer, including but not limited to, name, address, social security number, or customer account number, whose credit data is contained in or used to prepare the Services, or (b) otherwise identify the individual identity of the consumer whose credit data is contained in or used to prepare the Depersonalized Data. Employment Insight. Client certifies to Experian that (a) it will ensure that prior to procurement or causing the procurement of a consumer report for employment purposes (an Employment Insight Report): (i) a clear and conspicuous disclosure has been made in writing to the consumer before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and (ii) the consumer has authorized in writing the procurement of the report by the Client; (b) in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, Client shall provide to the consumer to whom the report relates (i) a copy of the report; and (ii) a description in writing of the rights of the consumer under the FCRA. Client acknowledges receipt of a copy of the Summary of Consumer Rights prescribed by the Federal Trade Commission under Section 609(c)(3) of the FCRA and agrees to attach a copy of such Summary of Consumer Rights to each consumer report used for employment purposes as required by Section 604(b)(1)(B) of the FCRA. OFAC Name Matching. Or OFAC Search Solution The United States Treasury Department, Office of Foreign Asset Control "OFAC periodically makes available to Experian a file of specially designated nationals and blocked persons. Matching of names to the OFAC list is based on very limited identification information. A match does not necessarily indicate that the consumer about whom Client inquired is the same person referenced by OFAC. When using the OFAC Search Solution Services, Experian shall not be liable to Client or Client's third party vendors for any Client provided files (e.g. new accounts, current accounts against the OFAC of Specially Designated Nationals List) and any other government suppression lists that Client has contracted to receive from outside third party vendors and that are provided to Experian to enable Experian to perform the Services. Also, accordingly, if Client chooses to use OFAC data, Client acknowledges that any adverse action taken by Client against a consumer must be taken based on Client's complete investigation of the consumer and not based solely on the OFAC information. Identify which direct subcodes to set product option 0000FM1 to "A." [All inquiries will automatically be checked against the OFAC listing. No keyword is necessary.] Healthcare Pre assessment. For Services obtained for healthcare authentication purposes or pre- assessment for charity program, government assistance or fee discounting, Client certifies that it will obtain the consumer's written instructions specifically authorizing the use of the consumer report for such purposes. Client further certifies that it will not use the consumer report, in whole or in part, for any eligibility determination, and Client will not take any adverse action decision including but not limited to the denial of medical services. Client acknowledges that the use of the consumer report for the purposes described is not intended to satisfy Client's compliance with any legal requirement. Child Support Certification. Client certifies to Experian, with respect to any consumer reports requested from Experian under Section 604(a)(4) of the FCRA, that (1) The consumer report is needed for the purpose of establishing an individual's capacity to make child support payments or determining the appropriate level of such payments; (2) The paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with state laws under which the obligation arises (if required by those laws); (3) Client has provided at least 10 days prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and (4) The consumer report will be kept confidential, and will be used solely for the purpose described in (1) above, and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. (Note: If this certification is applicable to your situation, check the box to the left and the signatory below must be the head of a state or local child support enforcement agency or a governmental official authorized by the head of such agency.) Income Insight Model. Income Insight"" uses consumer credit to estimate a consumer's income. Client acknowledges that Experian does not obtain or verify consumer income data. Client shall not use Income Insight in whole or in part, as a basis for any adverse action involving the consumer. Client acknowledges that Client must determine if Income Insight is appropriate to meet compliance with any of Client's legal or regulatory requirements. This Supplement (including the Pricing Exhibit) and the Schedule, together with the Agreement as amended herein constitutes the entire agreement between the parties with respect to the Services provided hereunder and supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications between the parties. CITY OF CARMEL, INDIANA EXPERIAN INFORMATION SOLUTIONS by and through its Board of Public Works and Safety "4 8y: AIoy By. James Brainard, Presiding Officer A on d Si. nature Date: .411111 II /F Y. Name 11.16.09 ConsumerServicesScheduleSupplement EXPERIAN CONSUMERS RVICES SCHEDULE SUPPLEMENT m ��Cj+� M Ann rke, Meer Title to2 Date: r d Lori S. Wa st on, M FID/TIN: 3[" I3'3 1 j2, Date: /(o r f D SSN if Sole Proprietor: A r ST: r,,,� 1// Date: StP Y. AA ase Ito /..A.4„1 Dian. ordray, Cl reasurer Address for Notices: Date: /0 ID Experian Information Solutions, Inc. 475 Anton Boulevard Physical Address for Notice: Costa Mesa, CA. 92626 Attn: General Counsel 11.16.09 ConsumerServicesScheduleSupplement EXPERIAN CONSUMER SERVICES SCHEDULE SUPPLEMENT PRICING EXHIBIT The following pricing shall apply to the named Services below which are provided pursuant to the Consumer Services Schedule Supplement "Supplement the Consumer Services Schedule "Schedule and the Experian Standard Terms and Conditions "Agreement A. Depersonalized (Coded Data), Historical Validation, Responder /Non- Responder Services. If applicable, the pricing for the Depersonalized (Coded Data), Historical Validation, Responder /Non- Responder Services which are described in this Supplement, shall be agreed upon in a separate document: B. Employment Insight Services. Pricing for the Employment Insight Services described in this Supplement shall be mutually agreed to in writing and shall be incorporated into this Supplement as if it were attached hereto. Note: Client's that do not report data in an automated fashion, add $1.25 to the price per inquiry. C. OFAC Name Matching Services. If applicable, the basic OFAC Name Matching Service (where responses are only provided when a match occurs) shall be provided to Client at no additional charge. In the event Client requests the enhanced version of the OFAC Name Matching Service (where a response for both matches and no matches are provided), Experian shall charge Client $0.04 per inquiry for each "no- match" response provided. D. OFAC Search Solution Services. A criteria letter identifying the criteria (e.g., frequency of matching, frequency of updates for Experian and the match logic used), the information to be returned by Experian to Client and any other pertinent information, will be mutually agreed upon and executed between the parties that shall apply to this particular Service. E. Child Support Certification. If applicable, this certification is part of the process that a Child Support agency must comply prior to receiving consumer credit reports. Pricing for these services can be found in the Pricing Exhibit to the Consumer Services Schedule. F. Income Insight Model. If applicable, the pricing for the Income Insight model which is described in the Supplement shall be agreed to in a separate document. This Pricing Exhibit, together with the Schedule, the Supplement and the Agreement as amended herein constitutes the entire agreement between the parties with respect to the Services provided hereunder and supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications between the parties with respect thereto. CITY OF CARMEL, INDIANA EXPERIAN INFORMATION SOLUTIONS by and through its Board of Public Works and Safety By: A(l P/ eSe/ By: James Brainard, Presiding Officer Autho ed ••nature ate: A Printed Name M- Ann Bu e, Membeq Date: b 4'4Co6 Title Q Lori S. Watson(Mem. FID/TIN: (�Cc3 i 1 Date: 1 D /e4/ l 0 SSN if Sole Proprietor: ATTEST: 111 Date: &E„ •Dt) 10 Di- a Cordray, IAMC, Clerk asurer Address for Notices: Date: (9 w Experian Information Solutions, Inc. 11.17.09 ConsumerServicesSchSupplPricingExhibit 475 Anton Boulevard Physical Address for Notice: Costa Mesa, CA. 92626 Attn: General Counsel 11.17.09 ConsumerServicesSchSupplPricingExhibit EXPERIAN VANTAGESCORE SUPPLEMENT This VantageScore Supplement "Supplement') to the Consumer Services Schedule and/or P1gsrreeennin; Schedule (collectively the "Schedule supplements the Experian Standard Terms and Conditions, dated y 1 1 Vat) "Agreement currently in place between Experian and Client (Company listed below). Instructions. The language set forth in this Supplement shall append the Consumer Services Schedule or the Prescreening Services Schedule or both, depending on which services Client chooses to use the VantageScore in conjunction therewith. In other words, if Client chooses to utilize VantageScore in an on -line or account review environment, then this Supplement shall append the Consumer Services Schedule. If Client chooses to utilize VantageScore in a prescreen environment, then this Supplement shall append the Prescreening Services Schedule. If Client chooses to utilize VantageScore in (1) an on -line or account review environment; and (2) prescreen environment, then this Supplement shall append to both the Consumer Services Schedule and the Prescreening Services Schedule currently in existence between the parties. If Client chooses to receive depersonalized VantageScores as part of the Client's output in conjunction with a coded data project, then, in addition to the Consumer Services Schedule, the Consumer Services Schedule Supplement will also apply to Client's use of the VantageScores. Client will request VantageScores only for Client's exclusive use. Client may store VantageScores solely for Client's own use in furtherance of Client's original purpose for obtaining the VantageScores. Client shall not use the VantageScores for model development or model calibration, except in compliance with the following conditions: (1) the VantageScores may only be used as an independent variable in custom models; (2) only the raw archived VantageScore and VantageScore segment identifier will be used in modeling (i.e. no other VantageScore information including, but not limited to, adverse action reasons, documentation, or scorecards will be used); and (3) Client's analytics and /or third party modeling analytics performed on behalf of Client, using VantageScores, will be kept confidential and not disclosed to any third party other than as expressly provided for below in subsections (ii), (iii), and (iv) of this paragraph, Client shall not reverse engineer the VantageScore. All VantageScores provided hereunder will be held in strict confidence and may never be sold, licensed, copied, reused, disclosed, reproduced, revealed or made accessible, in whole or in part, to any person, except (i) to those employees of Client with a need to know and in the course of their employment; (ii) to those third party processing agents and other contractors of Client who have executed an agreement that limits the use of the VantageScores by the third party only to the use permitted to Client and contains the prohibitions set forth herein regarding model development, model calibration, reverse engineering and confidentiality; (iii) when accompanied by the corresponding reason codes, to the consumer who is the subject of the VantageScore; or (iv) as required by law. This Supplement (including the Pricing Exhibit) and the applicable Schedule(s) and, if applicable, the Consumer Services Schedule Supplement, together with the Agreement as amended herein constitutes the entire agreement between the parties with respect to the VantageScores provided hereunder and supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications between the parties. CITY OF CARMEL, INDIANA EXPERIAN INFORMATION SOLUTIONS by and through its PreNSP01--- oard of Public Works and Safety By: By Jame Brainard, Presiding Officer Authorized Signature Date, ''A-41),Az A Fp i Printed Name ary Ann rke, Member Date: ��b "-713 <C �g C++ NT 46 Title 'S. Watson, Member FID/TIN: at- t 3 t3 1 4, Date: to /(p Ito SSN if Sole Proprietor: ATTE T: r Date: SE l •ZQ Diana Cordray, IAMC, Clerk 'T easurer Address for Notices. Experian Information Solutions, Inc. Date: 475 Anton Boulevard Physical Address for Notice: Costa Mesa, CA. 92626 Attn: General Counsel 1.01.09 VantageScoreSupplement 1.01.09 VantageScoreSupplement EXPERIAN VANTAGESCORE SUPPLEMENT PRICING EXHIBIT The following pricing shall apply to the VantageScore Services provided under the Standard Terms and Conditions "Agreement the applicable schedule(s) and the VantageScore Supplement "Supplement ON -LINE VANTAGESCORES Annual Volume Unit Price per Score Delivered' 1 2,500 $0.50 2,501 5,000 $0.40 5,001 25,000 $0.35 25,001 50,000 $0.30 50,001 100,000 $0.25 100,001 250,000 $0.20 250,001 500,000 $0.15 500,001 750,000 $0.12 750,001 And Over $0.10 Note: FACT Act recovery fees are applicable to the On -Line VantageScore Services and are in addition to the fees set forth above. ACCOUNT REVIEW (QUEST) VANTAGESCORES Annual Volume Unit Price per Scored Record* 1 49,999 $0.035 50,000 99,999 $0.035 100,000 249,999 $0.032 250,000 499,999 $0.032 500,000 749,999 $0.030 750,000 999,999 $0.030 1,000,000 1,999,999 $0.028 2,000,000 3,999,999 $0.028 4,000,000 4,999,999 $0.028 5,000,000 And Over $0.026 PRESCREENING VANTAGESCORES Annual Volume Unit Price per Scores Mailed' 1 49,999 $0.040 50,000 99,999 $0.040 100,000 249,999 $0.040 250,000 499,999 $0.040 500,000 749,999 $0.040 750,000 999,999 $0.040 1,000,000 1,999,999 $0.040 2,000,000 3,999,999 $0.040 4,000,000 And Over $0.030 Prices do not include applicable Sales and Use Taxes. This Pricing Exhibit, together with the Schedule, the Supplement and the Agreement as amended herein constitutes the entire agreement between the parties with respect to the Services provided hereunder and supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications between the parties. CITY OF CARMEL, INDIANA EXPERIAN INFORMATION SOLUTIONS by and through its Board of Public Works and Safety 4110 By. PVT J By ��momor L_ James Brainard, Presiding Officer Autho ed •nature r ate: •°ted Name ary Ann '.urk7Member, Date: AP 401L C V►rraeti Yk'l 4,lflg— Title 1.01.09 VantageScoreSupplementPricingExhibi Lori S. Watson, Mem r FID/TIN: 1'143 is Date: l O t V/ f SSN if Sole Proprietor: ATTEST: Date: Sf-41 J t Dia'a Cordray, IAMC, Clerk Treasure Address for Notices: Date: 010' L Experian Information Solutions, Inc. 475 Anton Boulevard Physical Address for Notice: Costa Mesa, CA. 92626 Attn: General Counsel 1 1.01.09 VantageScoreSupplementPricingExhibi