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4 <br /> If the Lead Agency determines that the subject transaction(s) is linked to a Business <br /> Card issued to the Business Account, the Lead Agency will provide the Business <br /> Account with the card serial number linked to the requested transaction(s). The <br /> Business Account agrees that it will use such card serial number information only for <br /> purposes of enforcing its Rules of Use or other lawful business purposes.The Business <br /> Account must maintain its own records if it wishes to identify the card serial number <br /> issued to an individual. <br /> 9.3 The Business Account understands and agrees that all records related to its <br /> participation in the ORCA System are public records under the Washington Public <br /> Records Act(Chapter 42.56 RCW)("Act"), including but not limited to: (a)this <br /> Agreement and the sales activity hereunder; (b)the orders, communications, and any <br /> other information provided by the Business Account to the Lead Agency,the other <br /> Agencies or the ORCA System, whether provided via this website or otherwise and <br /> whether provided in hard copy or electronic form; (c)any communications, responses, <br /> requests, reports or information of any kind provided to the Business Account from the <br /> Lead Agency, the other Agencies or the ORCA System; and(d)all data, reports and <br /> information of any kind related to the loading of products on, and the use of, the <br /> Business Cards issued to the Business Account. As public records, these records will <br /> be made available for public inspection and copying upon request, unless the Lead <br /> Agency determines they are exempt from disclosure. <br /> 10.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT <br /> The Business Account is encouraged to collect Business Cards from Cardholders who are no <br /> longer eligible for the Business Account's transportation benefits program. In any case, the <br /> Business Account is solely responsible for initiating a Card Block or Product Block in <br /> accordance with this Agreement to prevent any continued use of, and financial liability for, a <br /> card that had been distributed to a person who is no longer eligible. <br /> 11.0 ORCA SERVICES SUBJECT TO CHANGE <br /> The Agencies seek to continually improve and enhance the ORCA Services.With thousands of <br /> employers, schools, and other entities entering into business account agreements at varying <br /> dates in the year, the Agencies are unable to guarantee to each business account that the <br /> ORCA Services will not change during the term of its agreement. The Business Account <br /> understands and agrees that one or more ORCA Services may be changed, suspended or <br /> terminated from time to time without prior notice to, or agreement by, the Business Account, <br /> including but not limited to changes in the look,feel, content and functions of the Business <br /> Account Website. If the Business Account is dissatisfied with a change in the ORCA Services, <br /> however, it may terminate this Agreement for its convenience in accordance with the provisions <br /> of Section 12.2. <br /> ORCA Passport Agreement Page 9 of 23 City of Everett BA ID:1891 <br /> December 1,2010-November 30,2011 <br /> 20 <br />