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11 <br /> 11.7 Blocking Use of, and Replacing, ORCA Cards. In the event an ORCA Card is <br /> determined to be lost or stolen or if a Cardholder is determined by the Institutions to be <br /> ineligible to use the card or participate in the U-PASS program, the Institutions may <br /> initiate a Card Block to invalidate the subject card. When a replacement card is needed, <br /> the Institutions will provide a replacement card from their available card stock and move <br /> the card to the appropriate Card Group. The Parties understand and agree that the <br /> ORCA system does not allow for instantaneous implementation of a card move between <br /> groups, Card Block, Product Block or deactivation of cards via the ORCA Whitelist <br /> process. The Parties agree to meet and discuss the potential need for adjustments, if <br /> any, to trip counts to address lags in the implementation of a card move between <br /> groups, Card Blocks or Product Blocks, or removal of cards or Card Groups from the <br /> ORCA Whitelist. <br /> 11.8 Agency Blocking of ORCA Cards. The Lead Agency may initiate a Card Block or Product <br /> Block to invalidate any of the Institutions' ORCA Cards or ORCA Products at the request <br /> of the respective Institution or if the Lead Agency believes that a card has been altered, <br /> duplicated, counterfeited, stolen or used by someone who is not an eligible Cardholder. <br /> In the event that the Lead Agency initiates a Card Block or Product Block that was not <br /> requested by the respective Institution, the Lead Agency will immediately notify the <br /> respective Institution, providing the CSN of the relevant card(s). The Institutions are <br /> responsible for replacing any blocked cards from their available card stocks. The Parties <br /> understand and agree that the ORCA system does not allow for instantaneous <br /> implementation of a card move between groups, Card Block, Product Block or <br /> deactivation via the ORCA Whitelist process. The Parties agree to meet and discuss the <br /> potential need for adjustments, if any, to trip counts to address lags in the <br /> implementation of a card move between groups, Card Blocks or Product Blocks, or <br /> removal of cards or Card Groups from the ORCA Whitelist. <br /> 11.9 Card Replacement. The Institutions are responsible for ordering and paying for any new <br /> cards needed to replace ORCA Cards received by the Institutions that for any reason <br /> cease to be available or suitable for use by the Cardholders under the program of the <br /> Institutions, including but not limited to, if the unavailability or unsuitability is caused by <br /> damage, abuse, loss, theft and end of useful life. Provided, however, if an ORCA Card <br /> malfunctions within twelve (12) months after it was delivered to the Institutions, it shall be <br /> replaced by the Participating Agencies without additional charge to the Institution if the <br /> malfunction was caused by a defect in design, material or workmanship and was not <br /> caused by misuse, an intentional act, negligence or damage, reasonable wear and tear <br /> excepted.Additionally, the Institutions shall not be charged for any other replacement <br /> cards that are provided to the Participating Agencies without cost under their warranty or <br /> other contract terms with their card supplier, and the Participating Agencies agree to <br /> make a good faith effort to obtain no cost replacement cards to the extent provided for <br /> under such warranty or other contract terms. Any cards returned to the Participating <br /> Agencies under these terms shall be destroyed. The Institutions understand and agree <br /> that the cards may begin to fail as they approach the end of their useful life (estimated at <br /> approximately four (4) years). To avoid the disruption and inconvenience caused by <br /> sporadic failures as cards are used, or large numbers of failures as initial cardstock <br /> reaches the end of its useful life at the same time, the Institutions agree to work with the <br /> Lead Agency, commencing no later than March 2015, to develop a plan for replacement <br /> of its aging ORCA Cards on a regular basis. <br /> 11.10 In addition to any other rights under law, the Participating Agencies reserve the right to <br /> confiscate ORCA UW Cards which are not valid or have been altered, duplicated, <br /> counterfeited, transferred or distributed to unauthorized persons or otherwise appear <br /> 58 Page 13 of 44 Final, October 2011 <br /> U-PASS Agreement <br />