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2011/01/19 Council Agenda Packet
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2011/01/19 Council Agenda Packet
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Council Agenda Packet
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1/19/2011
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10' • <br /> all scoring models on its own records and performance. <br /> Additional Terms and Conditions Applicable to Fair <br /> Isaac Scores. The following additional terms and <br /> conditions apply to any Scores jointly provided by Equifax <br /> and Fair Isaac Corporation. ("Fair Isaac"). <br /> (a) Agent. Equifax is the authorized agent of Fair <br /> Isaac for purposes of executing this Agreement as it <br /> pertains to the Scores and for collection of all fees and <br /> charges arising thereunder with respect to the Scores. <br /> (b) Confidentiality. Client will hold all Scores received <br /> from Equifax under this Agreement in strict confidence and <br /> will not disclose any Scores to the consumer except as <br /> required by law. Client may provide the principal factors <br /> contributing to the Scores to the subject of the report when <br /> those principal factors are the basis of Client's adverse <br /> action against the subject consumer. Client must describe <br /> the principal factors in a manner which complies with <br /> Regulation B of the ECOA. Further, Client acknowledges <br /> that the Scores and factors are proprietary and that, except <br /> for (a) disclosure to the subject consumer if Client has <br /> taken adverse action against such consumer based in <br /> whole or in part on the consumer report with which the <br /> Scores were delivered or(b) as required by law, Client will • <br /> not provide the Scores to any other party without Equifax's <br /> and Fair, Isaac's prior written consent. <br /> (c) Limited Liability. The combined liability of Equifax <br /> and Fair, Isaac arising from any particular Score provided <br /> by Equifax and Fair, Isaac shall be limited to the aggregate <br /> amount of money received by Equifax from Client with <br /> respect to that particular Score during the preceding twelve <br /> (12) months prior to the date of the event that gave rise to <br /> the cause of action. <br /> (d) Adverse Action. Client shall not use Scores as <br /> the basis for an "Adverse Action" as defined by the Equal <br /> Credit Opportunity Act or Regulation B, unless score factor' <br /> codes have been delivered to Client along with the Scores. <br /> Standard Agreement for Service—On Line Services Only LRD 4129/Pf90 6 15 <br /> #43064v17 <br />
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