2011/01/19 Council Agenda Packet

10 United States territories of Puerto Rico, Guam and the Virgin Islands (the "Permitted Territory"). Client may not access, II. REPORTING OF ACCOUNT INFORMATION use or store the Information Services or Equifax Information at or from, or send the Information Services or Equifax In the event that (a) Client agrees to provide its account Information to, any location outside of the Permitted Territory information in connection with its receipt of the Information without Client first entering into Equifax's International Services, or (b) the provision of such account information is Access and Use Addendum to this Agreement, or a similar required as a condition of receiving a particular type of agreement acceptable in form and substance to Equifax. Information Service ordered by Client(as specified in Exhibit B),Client will prepare and deliver to Equifax,each month and 5. Access. Client will be responsible for providing and at Client's expense, its most current account information on installing all hardware and software at its facilities necessary consumers that have credit accounts with Client (the to access the Information Services. Equifax will provide "Information") in a mutually agreeable form and medium. reasonable consultation to Client to assist in defining those Without limiting the generality of the foregoing, Client will hardware and software needs. encrypt all Information as directed by Equifax, and further, with respect to the Information, Client agrees to comply with 6. Service Providers. Client may not allow a third party such other data security policies as Equifax may.from time to service provider (hereafter "Service Provider") to access, time make known to Client in writing. For avoidance of doubt, use, or store the Information Services or Equifax Information Client understands and agrees that its compliance with the on its behalf without first obtaining Equifax's written security policies of Equifax will not relieve Client of the permission. obligation to observe any other or further contractual, legal, or regulatory requirements, rules or terms applicable to the 7. License of Information. Equifax grants a non- security of the Information, nor does Equifax assume any exclusive license to Client to use the Equifax Information only responsibility or liability for the security of the Information as described in this Agreement. Client may reproduce or prior to the time Equifax receives it. At its expense, Equifax store the Equifax Information solely for its own uses in may incorporate the Information into Equifax's computerized accordance with this Agreement, and will hold all Equifax credit reporting system. Client acknowledges and agrees that Information licensed under this Agreement in strict Equifax will not return any physical media if that is the confidence and will not reproduce, reveal or make it method of delivery used to provide the Information to accessible in whole or in part, in any manner whatsoever, to Equifax. Equifax will destroy all such physical media through each other or any others unless required by law, or unless the use of reasonable procedures designed to assure that it Client first obtains Equifax's written consent; provided, cannot be practicably read or reconstructed. Information so however, that Client may discuss information in a consumer incorporated will cease to be the property of Client and will report with the subject of that consumer report when Client become the property of Equifax in order for Equifax to has taken adverse action against the subject based on the engage in the business of providing consumer reports and consumer report. Client will not provide a copy of the other products and services (including but not limited to list consumer report to the consumer, unless required by law or editing, list extracting and model building services for risk approved in writing by Equifax, except where this contractual control, and for the purpose of Equifax's consumer relations prohibition would be invalid. Client will refer the consumer to obligations);provided, however, Equifax will comply with Title Equifax whenever the consumer disputes information in an V of the Gramm-Leach-Bliley Act, 15 U.S.C. Sec. 6801 et Equifax consumer report disclosed by Client. Client will not seq. ("GLB") and the implementing regulations issued interpret the failure of Equifax to return information regarding thereunder and will not use or disclose any Information that the consumer's eligibility for a credit service as a statement Client furnishes to Equifax on Client's consumers or regarding that consumer's credit worthiness, because that customers other than in accordance with Section 6802(c) or failure may result from one or more factors unrelated to credit with one of the General Exceptions of Section 6802(e) of the worthiness. GLB and applicable regulations. Client will notify Equifax immediately upon learning that Information supplied is 8. Compliance with Laws. Client will comply with the inaccurate or incomplete. Client will provide Equifax with any provisions of the FCRA, the Federal Equal Credit Opportunity corrections or additional information necessary to make the Act, as amended (the "ECOA"), all state law counterparts of Information supplied complete and accurate and will them, and all applicable regulations promulgated under any implement procedures to avoid re-reporting Information that of them, including, without limitation, any provisions requiring is inaccurate. Client may be liable under state or federal law adverse action notification to the consumer. if Information furnished is false or furnished with malice or willful intent to injure the consumer or with conscious 9. Audits. Equifax may, from time to time, conduct indifference to potential inaccuracies. various audits of Client's practices and procedures to determine Client's compliance with this Agreement. Client will Ill. PRICING reasonably cooperate in all those audits. Equifax may conduct on-site audits of Client's facilities during normal 1. Client will pay Equifax for the Information Services business hours, and upon reasonable notice. In addition, pursuant to the terms of the body of this Agreement and Equifax may conduct audits by mail that may require Client to Exhibit B and Exhibit C hereto. provide documentation regarding permissible purposes for particular consumer reports ordered by Client. 2. Equifax shall electronically invoice Client for the provision of its Information Services pursuant to the terms of this Agreement and Exhibits B and C. Paper billing is Standard Agreement for Service—On Line Services Only LRD 4/29/09 9 3 2 #43064v17