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4 AGREEMENT FOR PURCHASE OF ORCA BUSINESS CARDS AND <br /> ORCA BUSINESS PASSPORT PRODUCTS <br /> THIS AGREEMENT(hereinafter, "Agreement") is made and entered into by and among <br /> City of Everett("Business Account") and Community Transit("Lead Agency")on behalf of the <br /> following Agencies(collectively referred to as the"Agency" or"Agencies"). <br /> The Snohomish County Public Transportation Benefit Area("Community Transit") <br /> The City of Everett("Everett Transit") <br /> King County Department of Transportation, Metro Transit Division ("King County") <br /> The Kitsap County Public Transportation Benefit Area ("Kitsap Transit") <br /> The Pierce County Public Transportation Benefit Area Corporation ("Pierce Transit") <br /> The Central Puget Sound Regional Transit Authority("Sound Transit") <br /> The State of Washington acting through the Washington State Department of <br /> Transportation,Washington State Ferries Division ('WSF") <br /> IN CONSIDERATION of the mutual covenants contained herein,the sufficiency of which is <br /> hereby acknowledged,the Parties agree as follows: <br /> 1.0 PURPOSE <br /> 1.1 This Agreement establishes the terms under which certain fare payment-related <br /> services, referred to herein as"ORCA Services,"will be provided to the Business <br /> Account, including but not limited to the prices and terms under which the Business <br /> Account may purchase and distribute ORCA Business Cards loaded with a Business <br /> Passport Product to its Eligible Business Cardholders. Such ORCA Business Cards may <br /> be used to access certain Transportation Services of the Agencies. The specific <br /> ridership privileges applicable to the Business Passport Product provided under this <br /> Agreement are specified in Attachment 1, Products, Pricing and Terms, which is <br /> incorporated in this Agreement by this reference, and are subject to Sections 6 and 16 <br /> below. <br /> 1.2 Attachment 1 also establishes the terms under which specific optional products and <br /> services(e.g. use of an ORCA Business Card on vanpool; a guaranteed ride home <br /> program), if any, shall be provided by one or more individual Agencies. <br /> 1.3 This Agreement also enables the Business Account to purchase Business Choice <br /> Products from the Agencies, via the Business Account Website, at the prices and terms <br /> in effect at the time of purchase. <br /> 1.4 The Business Account understands and agrees that this Agreement applies to its use of <br /> ORCA Services including, but not limited to, its purchase of ORCA Business Cards and <br /> ORCA Products. This Agreement does not constitute a contract for transportation <br /> services. The Agencies have no obligation to the Business Account or any other entity <br /> or person to provide any particular level, frequency or routing of transportation service. <br /> ORCA Passport Agreement Page 1 of 23 City of Everett BA ID:1891 <br /> December 1,2010-November 30,2011 <br /> 12 <br />