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• <br /> li <br /> 14.0 CARDHOLDER USE OF ORCA CARDS <br /> 14.1 Cardholder Privileges. The Parties agree that, although the Institutions remain the owner <br /> of ORCA Cards after distribution, each Cardholder has the following privileges in <br /> connection with the use of an ORCA Card: <br /> a. The Cardholder may present an ORCA Card, loaded with a valid, applicable U- <br /> PASS, to any ORCA fare transaction processor as proof of payment of the required fare <br /> for all regular transportation services, including paratransit, operated by one or more of <br /> the Participating Agencies and all other transportation services specified in Attachment <br /> 2. <br /> b. The Cardholder"may individually purchase retail ORCA Products and load them on <br /> the ORCA Card in addition to the U-PASS. The Institutions will not be responsible to <br /> facilitate the purchase of the ORCA Product and/or reinstate ORCA Products purchased <br /> by an individual Cardholder if the ORCA Card is lost or stolen. The ORCA E-Purse <br /> product, however, shall not be available for individual purchase and loading on the <br /> ORCA Cards provided under this Agreement. <br /> c. ORCA UW Cards within the University's Business Account cannot be registered in <br /> the ORCA system. Cardholders of the ORCA UW Card will not have access to any of <br /> the benefits associated with on-line registration such as establishing a My ORCA <br /> Account. <br /> 15.0 RETURNS AND REFUNDS <br /> The Institutions understand and agree that their purchases of ORCA Cards and U-PASS <br /> Products loaded on such cards are final and they are not entitled to any refunds. Replacement <br /> of ORCA Cards shall only be provided as specified in Section 11.9 of this Agreement. <br /> 16.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM <br /> 16.1 The Institutions understand and agree that the data, reports or any information provided <br /> to it by the Lead Agency or the other ORCA Agencies, via the Business Account website <br /> or otherwise, is and remains the sole property of the ORCA Agencies and nothing shall <br /> be construed as a transfer or grant of any copyright or other property interest in such <br /> data, reports or information. The ORCA Agencies hereby grant to the Institutions a non- <br /> exclusive, irrevocable, royalty free license to use any data, reports or information <br /> provided during and pursuant to the terms of this Agreement by the ORCA Agencies, via <br /> the ORCA Business Account Website or otherwise, for any lawful purpose related to the <br /> administration of the transportation program of the Institutions. <br /> 16.2 The ORCA System will record data related to the ORCA Elements each time an ORCA <br /> Card is presented to an ORCA device for fare payment and to load a product. Such <br /> transaction data includes, but is not limited to, the date, time, and location (or route) of <br /> the transaction. The Institutions may routinely access such transaction data related to <br /> their ORCA Cards to the extent provided via the ORCA Business Account Website. Said <br /> website and its reports will not provide the ORCA Card transaction data linked to card <br /> serial numbers. The University's Director of Transportation Services may submit a <br /> written request to the Lead Agency, pursuant to University administrative policies, for the <br /> card specific University Campus Card transaction data. The College's Director of <br /> Finance may submit a written request to the Lead Agency, pursuant to College <br /> administrative policies, for the card specific College ORCA Card transaction data. The <br /> Institutions agree that they will use such card specific information only for lawful <br /> 60 <br /> Page 15 of 44 Final, October 2011 <br /> U-PASS Agreement <br />