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<br /> A •
<br /> RTJAX ®
<br /> CARFAXFORPOLIGE.GOM
<br /> with such Agency Breach and shall bear all costs associated with complying with legal and regulatory obligations in connection
<br /> therewith and will reimburse CARFAX for any expenses incurred by CARFAX in connection with such Agency Breach, or any actions
<br /> required as a result thereof. For purposes of clarification, and without limiting the generality of the foregoing, Agency shall, in
<br /> compliance with law and at its own expense, notify the individuals whose information is the subject of such Agency Breach or potential
<br /> Agency Breach, and shall also notify any other parties(including without limitation regulatory entities and credit reporting agencies)as
<br /> may be required by law. Agency agrees that such notification shall not reference CARFAX or the Crash Report Center Database, nor
<br /> shall CARFAX be otherwise identified or referenced in connection with such Agency Breach, without CARFAX's express written
<br /> consent. Agency shall remain solely liable for claims that may arise from such Agency Breach, including without limitation costs for
<br /> litigation(including attomeys'-fees),-and reimbursement sought by individuals, including without limitation costs for credit monitoring or
<br /> allegations of loss in connection with such Agency Breach.Agency shall provide samples of all proposed materials to notify consumers
<br /> and any third parties,including regulatory entities,to CARFAX for review and approval prior to distribution.
<br /> 6.CARFAX Database Integrity. Agency will not upload or otherwise introduce any viruses,spyware or other software that jeopardizes
<br /> the security or integrity of the CARFAX Databases or any CARFAX website and/or mobile device application or otherwise interferes
<br /> with the CARFAX Databases,applicable CARFAX website and/or mobile device application functioning as intended by CARFAX.
<br /> 7. Investigative Tools. In consideration of Agency's provision of Accident Data to CARFAX and authorization for CARFAX to use such
<br /> Accident Data in accordance with Section 1, CARFAX shall provide Agency access to the services described in Sections 7(a)and 7(b)
<br /> (collectively,the"Investigative Tools"),subject to the restrictions set forth in Section 7(c):
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<br /> (a) Subscription to the VHDB. CARFAX will provide to Agency a subscription to the VHDB to access CARFAX Vehicle History
<br /> Reports, QuickVlN®,VINAlert', Partial License Plate Search and such other investigative tools that CARFAX may offer from time to
<br /> time.
<br /> (b)Subscription to the Crash Report Center Database. CARFAX will provide Agency with a subscription to the Crash Report Center
<br /> Database to obtain,as necessary,copies of motor vehicle accident reports that were provided to CARFAX by other law enforcement
<br /> agencies and any information contained in the foregoing for the Permitted Use only.
<br /> (c) Restrictions on Access and Use of the Investigative Tools. Agency shall not(i)provide, offer,distribute, sell,resell or otherwise
<br /> disclose any of the Investigative Tools or any information derived from the Investigative Tools to any third party(except to the extent
<br /> such Investigative Tool becomes part of Agency's criminal investigation record,subject to the state's open records laws); (ii)permit
<br /> the use of the CARFAX Databases or any information contained therein by any third parties; (iii)search the CARFAX Databases or
<br /> any information contained therein on behalf of any third party; (iv) use or permit the use of the CARFAX Databases or any
<br /> information contained'thereinfor purposes other than the Permitted Use; (v) use or permit the use of the CARFAX Databases or
<br /> Investigative Tools in the operation of a service bureau; (vi) use or permit the use of the CARFAX Databases or the Investigative
<br /> Tools for personalor unlawful purposes; or (vii) upload or otherwise introduce any viruses, spyware or other software that
<br /> jeopardizes the security or integrity of the CARFAX Databases or otherwise interferes 'with the functioning of the CARFAX
<br /> Databases as intended by CARFAX. Systematic access or retrieval.of-Investigative Tools or the information derived from
<br /> Investigative Tools,including, but not limited to,the use of"bots"or"spiders,"is strictly prohibited. In the event Agency provides any
<br /> Investigative Tool or the information derived from the Investigative Tool to another party, Agency shall not (A) provide such
<br /> Investigative Tool or information to any party for resale or remarketing in any manner or (B) modify such Investigative Tool or
<br /> information in any way. Agency shall make no representation or provide any warranty to any person or entity regarding CARFAX,
<br /> the CARFAX Databases,the Investigative Tools,or the information derived from the Investigative Tools,whether written or oral,that
<br /> is inconsistent with the provisions of this Agreement or the information contained on the Investigative Tools (including all
<br /> disclaimers).
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<br /> 8. CARFAX E-Commerce Service. Agency understands that in order to subscribe to the CARFAX E-Commerce Service,the Accident
<br /> Data provided to CARFAX by Agency must include substantially all data elements contained on the motor vehicle accident reports(to
<br /> the extent permitted by applicable law). If Agency elects to subscribe to the CARFAX E-Commerce Service, Agency authorizes
<br /> CARFAX to offer to sell and sell accident reports online (the "CARFAX E-Commerce Service")to.the extent permitted by applicable
<br /> law. Agency agrees to: (i) include on its website(s) and social media site(s) one or more hyperlinks to the CARFAX E-Commerce
<br /> Service website unless Agency notifies CARFAX in writing that it wants to opt out of this requirement, (ii) direct entities that want to
<br /> purchase its motor vehicle accident reports to the CARFAX E-Commerce Service website, (iii) direct all calls that Agency receives
<br /> relating to CARFAX or the CARFAX E-Commerce Service to 1-800-990-2452 or such other phone number designated by CARFAX,
<br /> and (iv) authorize CARFAX to issue press releases and public statements relating to Agency's subscription to the CARFAX E-
<br /> Commerce Service, unless Agency notifies CARFAX in writing that it wants to opt out of this requirement.CARFAX will pay Agency the
<br /> amount to be reimbursed to Agency for each accident report sold through the CARFAX E-Commerce Service(as provided by Agency
<br /> on the Enrollment Form)("Reimbursed Fee")for each accident report sold to the CARFAX E-Commerce Service corporate subscribers
<br /> and/or referrals directed to the CARFAX E-Commerce Service website by Agency. Agency will notify CARFAX in writing of any change
<br /> to the then-current Reimbursed-Fee and any such change will take effect thirty (30) days after CARFAX's receipt of such notice.
<br /> Notwithstanding any other provision of this Agreement, in no event will Agency require a higher Reimbursed Fee when accident reports
<br /> are sold through CARFAX than a citizen would be required to pay when an accident report is purchased directly from Agency's
<br /> website. Within thirty(30)days after the end of each calendar month, CARFAX will.provide Agency a payment equal to the number of
<br /> accident reports purchased by the CARFAX E-Commerce Service corporate subscribers and/or referrals directed to the CARFAX E-
<br /> Commerce Service website by Agency in the prior calendar month multiplied by the applicable Reimbursed Fee.
<br /> 9.Disclaimers; Limited Warranty. Agency acknowledges that CARFAX collects data from public records and other sources for use in
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