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Home My WebLink About1991-01-28-1000AM-Special• l� u 0 BRAZOS COUNTY BRYAN. TEXAS AGENDA is �U 4 �f ��i•f.�; i; ruin; f', BRAZOS COUNTY COMMISSIONERS' COURT MEETING THE COMMISSIONERS' COURT WILL MEET IN SPECIAL SESSION ON MONDAY, JANUARY 28, 1991, AT 10:00 A.M. IN THE COMMISSIONERS' COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 EAST 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation. 2. Pledge of Allegiance. 3. Consider and take action on the approval of the minutes of the meetings held on November 5, 1990 and November 12, 1990. 4. Consider and take action on award of telephone bid for Mini- mum Security Jail and authorize the payment thereof. 5. Consider and take action on tax refunds for N. L. Atlas Bradford. 6. Consider and take action on the subsgription to Westlaw for 85th District Court and authorize the payment. 7. Consider and take action on increasing fees for the filing of plats. 8. Consider and take action on personnel change of status. 9. Consider and take action on payment of claims. 10. Executive Session to discuss personnel 625217 (2)(g). 11. Consider and take action on Executive Session. 12. Adjourn. COMMISSIONERS' COURT SPECIAL MEETING JANUARY 28, 1991 A special meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Monday, January 28, 1991, with the following members of the Court present: R..J. Holmgreen, County Judge, Absent; Gary Norton, Commissioner of Precinct 1; Walter Wilcox, Commissioner of Precinct 2, Presiding; Randy Sims, Commissioner of Precinct 3; Milton Turner, Commissioner of Precinct 4; Mary Ann Ward, County Clerk. The following citizens and officials were in attendance: Ruth McLeod Executive Assistant Bea Green Secretary to Commissioners Rosalie Todaro Auditor's Office Cheryl Turney Auditor's Office Sandie Walker Treasurer Ron Huddleston Jail Administrator J. D. Langley 85th Dist. Court Judge Jim Hiney Bryan/College Station Eagle Doris Childress KBTX-TV Mike Humphries KBTX-TV Teresa Zunker TAMU Commissioner Sims gave the invocation and led the pledge of allegiance. The Court next considered approval of the minutes of the Commissioners' Court meetings held November 5, 1991 and November 12, 1991. On motion by Commissioner Turner, seconded by Commissioner Norton, the Court voted unanimously to approve the minutes as submitted. The Court next considered awarding the following bid for a telephone system for the Minimum Security Jail: Bidders: Amount General Telephone Company $5,894.35 Brazos Valley Telephone $4,853.88 Lindsay Communications $3,893.00 • Commissioners' Court meeting January 28, 1991 Ron Huddleston, Jail Administrator, re- commended acceptance of the bid submitted by Lindsay Communications. On motion by Commissioner Norton, seconded by Commis- sioner Sims, the Court voted unanimously t to accept the recommendation of the Jail Administrator, and award the contract to Lindsay Communications. On motion by Commissioner Turner, seconded by Commissioner Wilcox, the Court voted unanimously to refund to N. L. Atlas Bradford the amounts of $5,646.53 and $5,820.05 in accordance to the Partial Agreed Judgement of the 85th District Court. This was for overpayment of ad valorem taxes in 1987. A copy of the judgement is attached hereto. The Court next considered a subscription to Westlaw, an automated legal publication, for the 85th District Court. J. D. Langley, Judge of the 85th District Court, explained that the law library of the 85th District Court is out dated. He proposed subscribing to Westlaw, an on line data base, as a temporary solution to the problem. Judge Langely explained how the system worked and the fee structure for the data base charges. Judge Langley compared the cost of a new library and subscribing to Westlaw. After brief discussion, Commissioner Sims moved to proceed with the subscription to Westlaw and to review the service in six months. The motion was seconded by Commissioner Norton and carried unanimously. A copy of the subscriber agreement is attached hereto. On motion by Commissioner Norton, seconded by Commis- sioner Sims, the Court voted unanimously to increase the filing fees for subdivision plats from $50.00 to $55.00. This is due to an increase in the printer's cost to the county. �.- Pi l = 3 2!Z - i Commissioners' Court meeting January 28, 1991 The Court proceeded to consider the change of status of the following employees. NAME DEPARTMENT REASON Leeth, Terri J. P. Pct. 5 Termination McCollom, Mary J. P. Pct. 5 New Emp P/T Kinchloe, Lenora Co. Court at Law #2 Transfer Huddleston, R. Sheriff Promotion Campbell, Robert Data Processing Step Increase Dicky, Carroll Sheriff Step Increase Boyles, Wanda 85th Dist. Court Resignation Bollinger, D. 85th Dist. Court Transfer On motion by Commissioner Turner, seconded by Commissioner Norton, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 10 General Fund ---------------Claims 1101 thru 1448 20 Road & Bridge --------------Claims 1586 thru 1652 21 Boonville Cemetery ---------Claims 1449 thru 1451 31 State Lateral Road ---------Claims 1452 thru 1458 40 Law Library ----------------Claims ?459 thru 1466 41 Court Master Grant ---------Claims 1467 thru 1468 43 Oil & Gas Fund -------------Claims 1469 thru ------ 45 Omnibus Crime Control ------Claims 1470 thru ------ 54 Health Department ----------Claims 1494 thru 1514 60 Payroll --------------------Claims 1515 thru 1516 61 Health & Life Ins ----------Claims 1517 thru ------ 62 Flex Plan ------------------Claims 1518 thru ------ 70 Indigent Health Care -------Claims 1519 thru 1573 90 Community Services Off -----Claims 1574 thru 1576 94 Victim Assistance Prog----- Claims 1577 thru ------ 97 Narc. Traf. Task Force -----Claims 1578 thru 1585 On motion by Commissioner Sims, seconded by Commissioner Norton, the Court voted unanimously to approve the Claims as submitted. At 10:32 a.m. Commissioner Wilcox announced the meeting closed to the public so that the Court could meet in closed executive session to discuss personnel as allowed under Section (6252-17(2)(g) Vernon's Texas Civil Statutes. At 10:53 a.m. Commissioner Wilcox announced the meeting open to the public. Commissioner Norton moved to approve the request of the Tax Assessor/ Collector to include the part time employees in the 4% salary increase until such time as budgeted are depleted. The motion was seconded by Commissioner Turner. Commissioner Sims was in favor of one increase because of the submittal date but the others were • • Commissioners' Court meeting January 28, 1991 submitted after the cutoff date of October 1, 1990. He further stated that he was not in favor of part time employees getting a 4% increase. Commissioner Norton stated there would be no budget increase and that it was the failure of the Court to notify the Department Heads of the October 1, 1990 deadline. Commissioners Norton, Turner and Wilcox voted "Aye". Commissioner Sims voted "No". There being no further business to come before the Court, the meeting was adjourned. PAGE .2oz ■l M The foregoing minutes have been examined and approved in open Court this the �_ day of 19(, in Bryan, Brazos County, Texas. IF R. Ho mgree Coulhty Judge 6; �'- r - � 24,- Walter Wilcox Commissioner, Precinct 2 Milton Turner Commissioner, Precinct 4 4 4,-" � , Cary No Commi V oner, Precinct 1 CommissiVer, Precinct 3 Mary Min Ward County Clerk • • N.L. ATLAS BRADFORD, Plaintiff VS. BRAZOS COUNTY APPRAISAL DISTRICT AND BRAZOS COU. APPRAISAL REVIEW BOARD, Defendants No. 30,232-85 '.rUNTY, ECEIVED, §� IN THEc�pvg-M NOV 29 1990 § BRI�ZOS TEXAS DEC § 7 � i:EL'-0�1. DIST. Uc-" § iC;ty, Tox8s eput;�zyvis E rxdm, DISI C! � j�65aij,ybQ:CIAL DISTRICT On this day this cause came on for trial, and came Plaintiff, N.L. Atlas Bradford, and Defendants, Brazos County Appraisal District and Brazos County Appraisal Review Board, by and through their attorneys of record, and all parties having announced ready for trial and a jury having been waived, all matters of fact and law were submitted to the Court. The parties announced to the Court that they had reached a final settlement of that portion of the cause relating to Plaintiff's 1987 cause of action. The parties have agreed that the Appraised Value of the property made the subject of this lawsuit for the 1987 tax year is Three Million Two Hundred and Eight Thousand, Seven Hundred and Seventy Dollars ($3,208,770) for Account No. 0035-0011-0000 and Two Million Dollars ($2,000,000) for Account No. 8900-0000-0030. The Court having reviewed the pleadings on file herein and having reviewed the terms of the settlement agreement, is of the belief that it should in all ways be approved. Accordingly, 148 354 r M 0 1 IT IS ORDERED, ADJUDGED AND DECREED: 1. The 1987 Appraised Value placed on the subject property by the Brazos County Appraisal District and Brazos County Appraisal Review Board is as follows: Account Number 1987 AyRraised Value 0035-0011-0000 $3,208,770 8900-0000-0030 $2,000,000 2. All applicable post -appeal administrative procedures provided by or under Texas Tax Code Ann. §§42.21, 42.42 and 42.43 (Vernon 1982) shall be implemented. 3. All costs of Court are to be taxed against the party incurring same. 4. Each party of this action shall bear its own attorneys' fees. 5. All relief not expressly granted herein is hereby DENIED. SIGNED on this 0/-_Q0 day of , 1990. JUDGE PRESIDING VmL�_PGaG E�� 148 355 i P • APPROVED AS TO FORM AND SUBSTANCE: POWELL POPP & IKARD 707 West Tenth Street Austin, Texas 78701 (512) 473-2661 (512) 479-8013—Fax By Jams POpp j S e Bar No. 16139280 ATTORNEYS FOR PLAINTIFF PERDUE, BRANDON & FIELDER 2600 Citadel Plaza Dr. Suite 210 Houston, Texas 77008 (713) 862-1860 (713) 862-1429—Fax By RObert Mo State Bar No. 14596450 ATTORNEYS FOR DEFENDANTS THE STATE OF TEXAS ) COUNTY OF BRAZOS ) I, Travis E. Nelson, Clerk of the District Court of Brazos Count'. Texas do hereby certify that the foregoing is a true and correct copy of the original in Cause No..? SZ•y as the same appears d rc.ord in 1'ol Wit, PaSSO �An_0 , A, jlecords of Dltirct Court�'p/ file in ?odic . n Travis 1. Pelson, District Clerk Brazos Ccunty, Texas DWAri Br. Page 3 '•t 148 356 VOL PAGf- R t. J Subscriber Agreement glow AGREEMENT entered into amongQr- A 194*/Iyon1 ,,��/� ii1 �]i1�IG1A'�. �s S I�IU� W ti tZ 1 (-Subscriber-), WEST PUBLISHING COMPANY ('We and WEST SERVICES, INC. (-ww-) regarding West's computer-assisted legal research service. WESTLAW, as follows: A. WESTLAW AND THIRD PARTY SERVICES 1. License During the term of this Agreement, subject to the terms and condfions hereof. West grants Subscriber a non-exclusive, non -transferable, limited license to access WESTLAW and certain third party services ('Third Party Services') available through WESTLAW through compatible equipment at such rimes as WESTLAW and Third Patty Services are generally available and to use certain data made available to Subscriber on WESTLAW and Third Party Services ('Data,' which shall include 'Downloaded Data' as defined below) solely in the regular course of legal and other research and related work Except as otherwise provided herein, such license includes to right to transfer insubstantial portions of Data in machine-readable form (-Downloaded Data') to a storage device under Subscriber's exclusive control and to store such Downloaded Data temporarily solely to display intomally such Downloaded Data and to quote such Downloaded Data (appropnately cited and credited) in memoranda, briefs and similar work product created by Subscriber. Subscnbor shall not store or use Downloaded Data in a searchable database. Such license further includes the right to create printouts of Data; provided, however, that such printouts shall not be created or provided to third parties for specific consideration nor shall such printouts be made available to any third party without first obtaining said third party's wntton agreement not to further disseminate them. 2. Limitation of License Except as specifically provided herein or as allowed by the fair use provision of the Copynght Act (17 U S C. § 107), no part of the Data may be copied, downloaded, stored, published, transmitted, transferred or otherwise used, in any form or by any means, without West's pnor written permission 3. Rights In Data Except for the license granted herein, all right, bile and interest in Data, in all languages, formats and media throughout the world, including all copyrights therein, are and shall continue to be the exclusive property of West and other contributors ('Contributors) of Data 4. WESTLAW Charges Payable by Subscriber Charges payable by Subscriber for access to and use of WESTLAW and Third Party Services ('WESTLAW Charges") shall be as slated in the Schedule A Price Plan designated on the final page hereof Subscriber may elect a different Schedule A by giving West written notice at least 30 days prior to the first day of a WESTLAW billing cycle, effective as of the first day of such billing cyclo, provided, however, that no Schedule A may be adopted for loss than a three month period. S. WESTLAW Features and Third Party Services From time to limo. West may notify Subscriber that certain WESTLAW databasos or other featuros ('Features') or Thud Party Services are available to Subscriber on or through WESTLAW. Access to and use of Features and Third Party SonAoos may be govemod by terms and conditions, including charges, which are difforent than those set forth herein (-Additional Terms'). By using such Features or Third Party Services, Subscriber agrees to, and shall be obligated to comply with, all such Additional Terms as well as the terms and conditions hereof 6. Dlsclalmer of Warranties and Llm.tatlon of Liability WESTLAW. THIRD PARTY SERVICES AND DATA ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A ! PARTICULAR PURPOSE SUBSCRIBER'S EXCLUSIVE REMEDY AND WEST'S, WSI'S AND/OR CONTRIBUTORS' ENTIRE LIABILITY HEREUNDER. IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO WESTLAW. THIRD PARTY SERVICES OR DATA WHICH ARE MADE AGAINST THEM. INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF WESTLAW CHARGES PAID BY SUBSCRIBER RELATIVE TO THE PERIOD OF OCCURRENCE OF THE EVENTS WHICH ARE THE BASIS OF THE CLAIM(S); PROVIDED, HOWEVER, THAT WEST. WSI AND/OR CONTRIBUTORS SHALL HAVE NO LIABILITI/ WHATSOEVER TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO (1) SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR RELATED WORK OR TO PERFORM SUCH LEGAL OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY WEST, WSI OR CONTRIBUTORS. OR (11) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY. INCIDENTAL. INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS HEREUNDER OR USE OF. OR INABILITY TO USE. WESTLAW, THIRD PARTY SERVICES OR DATA, EVEN IF WEST, WSI AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WEST AND WSI SHALL HAVE NO LIABILITY WHATSOEVER TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY SERVICE B. WESTLAW SOFTWARE AND EQUIPMENT 7. WESTLAW Software From time to time. WSI may make available to Subscriber certain software for use in connection with WESTLAW. Such software, now versions thereof and the accompanying user documentation aro referred to collectively herein as 'Software.' Subscriber shall pay WSI's charges for such Software (Software Charges') as set forth in the thon-current Schedule 84 WESTLAW Software Order Form. All Software shr.11 be lioonsod to Subscriber under a license agreement which shall be enclosed with the Software. By opening the package and using the Software. Subscnbor agrees to be bound by the loans and conditions of the accompanying license agreement If Subscriber does not so agree. Subscriber may return the Software to WSI for a fug refund of any toe paid S. Equipment From time to time. WSI may make available to Subscriber certain equipment ('Equipment') by purchase ('Purchased Equipment') or lease ('leased Equipment') for use In connection with WESTLAW Subscriber shag pay WSI's charyos ler such Equipment ('Equipment Charges') as sot forth in the thoncunant Schadule 81 WESTLAW Equipment Order Form. 9. Purchase Money Security Interest Subscriber, as debtor, grants WSI, and WSI, as severed party, retains a purchaso money security interest in Purchased Equipment, ncludirg all aooessions and attachments thereto and any proceeds thoroof, until the applicable Equipment Charges are paid in tug A reproduction of this Agreement (including any relevant Schedules hereto) shall be sufficient as a financing statement. 10. Ownership and Use of Leased Equipment Leased Equipment shall remain the solo and exclusive prop" of WSI Subscriber shall not lake any action which may, directly or Indirectly. impair Cho value of the Leased Equipment or WSI's right, title and interest therein and shall immediately notify WSI of any legal procoedirg affecting such Leased Equpnenl. Leased Equipment shall 11� M • r� a kept in Subscribers sole possession at the address(es) spoofed on the applicable Schodule St. WSI may enter Subscribers premises during normal business hours to remove such Leased Equipmem A Subscriber is in matend breach of this Agreement 11. Risk of Loss Except u speafically provided herein, as of the date of installation of Equipment Subscriber assumes all risk of loss and liability, whether or riot covered by insurance, for any damage to or loss of Equipment or tot popery damage or personal miury ansing out of or related to the Equipment provided hereunder. 12. Purchased Equipment Warranty and Service Agreement Purchased Equipment shall be covered by the applicable warranties andror sorvhce agreements set forth in the applimble Schedule Bl. 13. Leased Equipment Warranty WSI warrants that it shall maintain Leased Equipment in good operating condition WSI shag perform all ropars and marntonance of Leased EquipmenL or, at its option, may replace such Equipment Subscriber will be billed for all damage to and repair or maintenance of Leased Equipment resulting from misuse, abuse, theft or any other cause, normal use excepted Subscribers exclusive remedy for breach by WSI of the Leased Equipment warranty shall be repair of the defective Leased Equipment or replacement upon its return to WSI. If WSI is unable to repair or replace defective Leased Equipment, Subscriber's exclusive remedy shall be to obtain a refund of the Equipment Charge(s) paid for the Leased Equipment in question during the period such Equipmont was defective. 14. Disclaimer of Warranties and Limitation of Liability EXCEPT AS SPECIFICALLY PROVIDED HEREIN, IN SCHEDULES HERETO OR IN APPLICABLE LICENSE AGREEMENTS, ALL PURCHASED AND LEASED EQUIPMENT AND SOFTWARE ARE PROVIDED -AS IS,- WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER'S EXCLUSIVE REMEDY AND WSI'S AND WESTS ENTIRE LIABILITY HEREUNDER, IF ANY, FOR ANY CLAIM(S) MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, FOR DAMAGES, INCLUDING ANY CLAIM(S) FOR PROPERTY DAMAGE OR PERSONAL INJURY, CAUSED BY PURCHASED OR LEASED EQUIPMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR NEGLIGENCE, FOR WHICH WSI OR WEST IS LEGALLY LIABLE SHALL BE LIMITED TO THE AMOUNT OF THE EQUIPMENT CHARGES PAID BY SUBSCRIBER FOR THE EQUIPMENT IN QUESTION. IN NO EVENT SHALL WSI OR WEST BE LIABLE TO SUBSCRIBER FOR ANY CLAIM(S) RELATING IN ANY WAY TO SUBSCRIBER'S INABILITY OR FAILURE TO PERFORM LEGAL OR OTHER RESEARCH OR WORK PROPERLY OR COMPLETELY OR FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL. INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO SUBSCRIBER'S RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, PURCHASED OR LEASED EQUIPMENT OR SOFTWARE. EVEN IF WSI OR WEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. GENERAL PROVISIONS 15. Modification of Charges The WESTLAW Charges, Software Charges and Equipment Charges (ootlectivoly 'Charges') may be modified prior to the effective date of this Agreement and upon 30 days prior written notice after the initial one year term hereof Notwithstanding the foregoing. Charges for Features or Data provided by Contributors, including Third Party Services, may be modified as stated in the applicable Additional Terms. Charges are exclusive of safes, use and other taxes, which are the responsituby of Subscriber. 16. Sitting and Payment After the erd of each WESTLAW billing cycle. Subscriber shag be sem an im " Of irhvoiaes setting forth as Charges incurred by Subscriber during such billing Cycle. Subscriber shay pay the lura arrant of afl such C hwpes wlfiin 30 days aper ieosipt of each such invoice. if such 7 payment is net made. Subscriber may thereafter be cfiarged up to Che maximum legal interest on any unpaid balance. 17. Responsibility for Certain Matters Subscriber shall be responsible for all access to and use of WESTLAW, Tturd Party Services, Data, Software and Equipment by Subscriber's personnel or by means of Subscribers equipment or WESTLAW passwords, whether or not Subscriber has knowledge of of authorizes such access and use. 18. Limitation of Claims Except for dawns rotating to Charges or improper use of WESTLAW, Third Party Services, Data or Software, no ctatm, regardless of form, which in any way arises out of this Agreement or the use of, or inability to use WESTLAW, Third Party Services, Data, Software or Equipment may be made, nor action based upon such claim brought by any party hereto more than one year after the basis for the claim becomes known to the parry desiring to assert it 19. Term and Termination This Agreement shall become effective, subject to approval and execution by West in SL Paul, Minnesota, on Che date Subscriber first accesses WESTLAW or Third Party Services and shag continue in force until terminated by any party upon at bast 30 days prior written notice of termination to the other parties; providod, however, that this Agreement may not be terminated prior to one year after Che effective date hereof Notwithstanding the foregoing, any party may terminate this Agreement immediately upon giving written notice of termination io the other parties 4 another party commits a material breach hereof. 20. Effect of Agreement This Agreement (which shag include all current and future Schedules hereto and applicable Additional Terms) embodies the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating thereto. Except as otherwise provided heroin. West or WSI may amend the terms and conditions of this Agreement by giving Subscriber at least 30 days prior written notice thereof Any other amendment must be in writing and signed by all panties hereto. 21. Force Majeure Wesrs and WSI's performance hereunder is subject to interruption and delay due to causes beyond their reasonable control such as acts of God, acts of any government war or other hostility, civil disorder. Che elements, fire, explosion, power failure, equipment falure, industrial or labor dispute, inability to obtain necessary supplies and the like. 22. Notices All notices hereunder shall be given in writing to West at 50 West Kellogg Boulevard, P O Box 64833, St Paul, Minnesota 55164-1803, Attention: James E Taylor, to WSI at 58 West Kellogg Boulevard, P.O. Box 64779, St Paul, Minnesota 55164-0779, Attention. Andrew T. Procan, and to Subscriber at the address set forth below. 23. Governing Law This Agreement shall be governed by and construed under the laws of the State of Minnesota. 24. Other Provisions West and WSI may exercise any rights or perform any obligations hereunder on behalf of the other Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by Subscriber without West's and WSI's prior written consent. Should any provision of this Agrooment be hold to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shag not be affected thereby. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are Inserted for oonvenience only and shall not Constitute a part hereof. . • : • • 1#4-01640 � ' , �. h ,� EST PUBUSNNQ COMPANY SUBSCRIBER BySpnaeue Tide Tide �6rmjj",ree Y%. el Daw Daft ___ �jb I Ok F. Name b -A Z05 6MIAXY WEST SERVICES, INC. ebuL-r By Y Tide Address 300 6 - 7iK 1 -2 )3 Contw &me Telephone - 1409 - 3(91- 4 i j 0' el j PRICE PLAN (must be completed) Schedule A - Plan —115ftuk, /744S) qMM -VOL. PAGE ;P-16 P • • N Schedule 134 to WESTLAWO Subscriber Agreement WESTLAW Software Order Form WESTLAW SOFTWARE WESTMATEe Software Personal Computer Software (IBM, IBM LAN, IBM compatible, Wang, Macintosh) Minicomputer Software (Wang VS, DEC VAX/VMS, CCQ WESTCheck" Software Personal Computer Software (IBM. IBM LAN or IBM compatible only) Initial Fee Quantity $100/she' site($) $5 rile' site($) SOFTWARE CHARGES Charge Subscription Fee $ $25/site $ $100/site $159.111I5/site' site($) S $25/site M Total Charge s =4= %4A( k* Mrl ' 1 PLEASE COMPLETE EQUIPMENT CHECKLIST ON REVERSE SIDE ' A site indudes all personal computers and minicomputers (irnludng networkod syttems) at a single location or a single networked system at dfferent locations A networked system means any combination of two or more terminals that are electronicany Intrad and capable of sharing Cee use of a single software product Software Order Software (including each now version). Subscriber agrees to be Please send the WESTLAW Software ordered above for the sito(s) bound by the terms and conditions of the accompanying License identified below and enter one subscription to the ordered Software Agreement If Subscriber does not so agree. Subscriber may return for each such site. Subscriber agrees to pay the Software Charges the copy of the Software to WSI for a full refund of any toe paid. for the ordered Software. Charges are exclusive of sales, use and Subscription Su Sumay other taxes, winch are the responsibility of Subscriber. All orders are subject to approval and acceptance by WSI in St Paul, Minnesota. VVSI issue new versions of tins ordered Software from time b time. Ono copy of any such version issued during the one year License Agreement period following the effective data of this Schedule Ba shall be Subwnber understands and agrees that the Software, including each provided at no charge for each site identified below. Thereafter, new version thereof, is licensed by WSI under the WESTLAW Subscriber shall pay the then -current subscription lee for each such Software License Agreement, a copy of which will be enclosed with new version. One subscription is required for each site. each copy of the Software. By opening the package and using the SUBSCRIBER Address of Equipment 11 at Different Location: turn This location is Branch Office Residential Office idloNolv►�Rrec//��n��_ t,kn 3�ne Main Office Fitt Name JlMZOS_W unity . T13XAS• Firm Name Address 3 o o E. Z raTa S n c Acidness S 2 Z i Contact�vo�� J 7 l.l�lhlc�l CContactTelephoneq 0 A 7 3 (o l - 14 1:10 Telephone 1 • -ti 1 i WESTLAW Software Order Form Equipment Checklist 'r r 9 , .l r i r• E For answers to WESTLAW compatibility questions, contact your WESTLAW Representative or call WESTLAW Customer Service at 1-400-WESTLAW (14W-937-8529). Please identify your System Administrator to help in resoMrg any questions which may arise in processing your WESTLAW Software order. , r System Administrator Name Mangy I"C Adry Telephone Number 44)q ''i (o — The rof WESTLAW support requested Is (cheok ons): WESTMATE andlbr WESTChecamplete section 1 Software (PC and LAN) (wESTCheck requires 13 Mb of available hard disk space and 390K of available RAMI O Minicomputer WESTMATE Complete Section 2 ❑ Bleck or Character Mode or Complete Section 3 WESTUNK WESTLAW Access SECTION 1 Equipment Description for WESTMATE andror WESTChw* Software (Personal Computers or Local Area Networks) A. Computer (IBM, IBM compatible, Wang, Macintosh) • Speed at which you will access WESTLAW (check one): Complete a separate Section 1 ler each unique Terminal type to be O 9600 bps C$ 2400 bps O 12f10 bps used to access WESTLAW. • Manufacturer (g /1� • If you dial a prefix b access an outside One, please kxfc a tins __ prefix: 9 • Model —� — 30 • Communication Server • Is your Personal Computer 100x% IBM compatible? 14 Yes O No (LAN only) B. Communications • Compatibility (check one) X 100% Hayes (AT) Command Set Compatible ❑ 100% Racal Vad,c (Control E) Compal" ❑ 100% Von -Tel MD212 Plus 11 Compatible C. Software • Operating System DOS • Version 3 t 3 Sae diskette required for your system: W 3.5- O 525• SECTION 2 Equipment Description ler Minicomputer WESTMATE Software A. Minicomputer System (WANG VS, DEC VAXtVMS, CCI) Complete a separate Section 2 for each unique Minicomputer System b be used to access WESTLAW. • Manufacturer • Model B. Workstations • Manufacturer • Model • Ouantity C. Software • Operating System • Version • Sirs of media required for your system (speei(»: SECTK)N 3 Equipment Description ler Block Mode, Character Mode or WESTLINK WESTLAW Access A: Terminal/Computer Complete a separate Section 3 for each unique Terminal type, Computer System, or Local Area Network to be used to access WESTLAW. • Manufacturer • Model B. Workstations • Manufacturer • Modal • Ouantity C. Software • Operating System • Version • Communications Software • Terminal Emulation Note: If appropriate. specify the Oerrninal emulation supported by your communications software. 0. WESTUNK Access Are you accessing via Abu WESTLINK1 ❑ Yes O No I Please Return To: • West Semoes, Inc. rt/90 P.O. Boz 647n SL Paul, lIAPI 55164 -OM t :: a.i'1 hid, Q'~ �i 7 t • . .. .. r, r •r •, •� 11 I