5460 College Avenue
Oakland, California 94618
phone 510 658 2640
fax 510 658 2642
FULL SERVICE: $1,125 per quarter - Provides 1 copy of each New Issue Report (covers general obligation, lease-purchase, tax allocation, special assessment and revenue bonds, update reports, special reports, phone updates and inquiries and 3 access passwords to all research available at www.BONDjournal.com and www.calmuni.com.
California Municipal Statistics, Inc. ("Calmuni") shall provide the Calmuni
Subscription Service to:
_____ Calmuni Subscription Service - Initial Office.Quarterly charges, including the service and customer support:
$__________ per quarter.Other charges:
$__________ per quarter.Subscriber has read the terms and conditions for use of the service, on the following page, and by signing below indicates consent.
For California Municipal Statistics, Inc.:
By: ______________________________ Title: ____________________
By: ______________________________ Title: ____________________
1. Subscription. Subscriber hereby subscribes to the Calmuni Subscription Service
("the Service"), and Calmuni hereby agrees to make the Service available to Subscriber,
on the terms and subject to the conditions hereinafter set forth. The price for the
Service is set forth on the reverse side of this Agreement. This price may, from time
to time, be changed by Calmuni upon thirty (30) days written notice to Subscriber.
Any such price change will then become effective beginning with the next quarterly
2. Billing. Calmuni will bill Subscriber quarterly. Upon receipt of invoice, Subscriber
agrees to pay all costs in full within thirty (30) days.
3. Term. The term of this Agreement is for a period of one (1) year, commencing on
the date shown on the reverse side of this agreement. Notwithstanding the forgoing,
this Agreement may be terminated by either Calmuni or Subscriber upon thirty (30)
days written notice from the party wishing to cancel to the other party. Should termination
be at the request of Subscriber, then Subscriber shall pay to Calmuni a cancellation
charge equal to the subscription fee that would have been paid for the balance of the
term. This Agreement shall automatically renew for successive one year periods unless
either party shall give written notice to the other of its intent not to renew not less than
thirty (30) days prior to the termination of the then current period.
4. Calmuni Subscription Service. Subscriber understands and agrees that the Service
means any and all items and reports prepared by Calmuni for inclusion in the Service,
including reports about new California municipal financings, updated reports about
existing California municipal financings, reports made available to the BONDjournal.com and Calmuni.com websites, and telephone customer service support provided by Calmuni
during normal business hours. Calmuni reserves its entire right, title and interest in
and to all proprietary rights which it has or may have in the Service or the name "Calmuni"
and Subscriber shall not acquire any right, title or interest therein by virtue of any
provision of this Agreement, or is it authorized to sell or reproduce the Service in any
form whatsoever. The Service is intended solely for the internal use of the Subscriber
and not for the redistribution or republication of any portion of the information provided.
Therefore, Subscriber agrees that it will not redistribute or republish any portion of the
information disseminated through the Service including, without limitation, by methods
of general distribution, either print or electronic.
5. Disclaimer of Warranties. THE INFORMATION AND REPORTS PROVIDED IN THE
CALMUNI SUBSCRIPTION SERVICE ARE COMPILED FROM SOURCES DEEMED TO BE
RELIABLE, BUT IS NOT GUARANTEED. CALMUNI MAKES NO WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE CALMUNI
SUBSCRIPTION SERVICE, AND ALL WARRANTIES OR MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. Calmuni, its
employees and agents, shall not be liable for any loss or damage claimed to have
resulted from delays or interruptions in the Service or otherwise resulting from
erroneous statements, errors or fact of errors in transmission, or any other cause
whatsoever, other than any act of omission constituting willful misconduct or gross
negligence on the part of Calmuni. CALMUNI SHALL HAVE NO LIABILITY WITH
RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OR FOR LOSS OF
PROFITS EVEN IF CALMUNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Calmuni's liability for any and all claims related to this Agreement for
any cause whatsoever, and regardless of the form of action, whether in contract, tort
or otherwise, shall be limited to the fees paid by Subscriber to Calmuni pursuant to
this Agreement during the period any claim(s) occurred. Subscriber shall indemnify
and hold Calmuni harmless for any liability, loss, claim or damages to persons or
property arising out of this Agreement or arising out of the fault or negligence of
Subscriber, its employees or agents.
6. Notices. Any notice required or permitted to be given by one party to the other
under this Agreement shall be in writing and shall be deemed given when personally
delivered, or when mailed, if sent by mail, to the parties at the respective addresses
set forth above or to other such address as the party to receive the notice has
designated by notice to the other party in the manner herein provided.
7. Other Agreements. This Agreement represents the entire agreement between
Calmuni and Subscriber with respect to the subject matter hereof and supersedes
all prior proposals, understandings and agreements, whether oral or in writing and
may not be modified or amended except by an instrument in writing executed by
both parties hereto.
8. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California applicable to contracts made and
to be performed wholly within said State without giving effect to conflict of law
9. Enforceability. If any provision of this Agreement shall be held to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions shall in no way be affected or impaired thereby.
10. Attorney's Fees. Calmuni shall have the right to collect from Subscriber its
reasonable expenses incurred in enforcing this Agreement, including attorney's fees.
11. Assignment. Subscriber may not assign, without the prior written consent of
Calmuni, its rights, duties or obligations under this Agreement to any person or entity,
in whole or in part.
12. Waiver. The waiver or failure of either party to exercise in any respect any right
provided herein shall not be deemed a waiver of any further right hereunder.
13. Binding. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective permitted successors and assigns.
14. Arbitration. The parties agree to use all available means to resolve any dispute arising under this Agreement through non-litigious means. However, should a disagreement arise that cannot be resolved, either party may seek redress through the auspices of the American Arbitration Association (AAA). Both parties agree to be bound by the rules of the AAA then in effect and further agree that this shall be the exclusive remedy available for disputes arising under this Agreement, except in the case of any action wherein either party is seeking equitable relief, in which event the parties may pursue whatever rights and remedies may be available to them in law or equity.