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22-143 CoreLogic Master Services Agreement for RealQuest (2)DocuSign Envelope ID: B178A6DB-6FE3-42ED-ACC1-46B1A9FBE8B8 CoreLogic MASTER SERVICES AGREEMENT This Master Services Agreement ("MSA") is entered into between CoreLogic Solutions, LLC, a California limited liability company, having its principal place of business at 40 Pacifica, Suite 900, Irvine, California 92618, together with its subsidiaries and affiliates (collectively, "CoreLogic") and the customer identified below on this signature page, together with its subsidiaries and affiliates ("Customer") (collectively, the "Parties," or individually, a "Party"). This MSA is effective as of May 18, 2022 (the "Effective Date"). The "Agreement" consists of. (i) this signature page; (ii) this MSA; (iii) any addendum that may be executed by the Parties from time to time setting forth additional terms related to specific CoreLogic services (each, an "Addendum"); and (iv) any written orders for CoreLogic services, together with any related exhibits or purchase orders thereto, executed by the Parties under this MSA ("SOWs"), all of which are incorporated herein by this reference. The Agreement is the complete agreement between the Parties and replaces any prior or contemporaneous oral or written communications between the Parties concerning the subject matter of the SOW(s). There are no conditions, understandings, agreements, representations or warranties, express or implied, which are not specified herein. This MSA may only be modified by a written document expressly stated for such purpose and executed by the Parties. IN WITNESS WHEREOF, the Parties have caused this MSA to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this MSA. CITY OF CUPERTINO ("CUSTOMER") CORELOGIC SOLUTIONS, LLC ("CORELOGIC") DocuSigned��b/fy: Ij' 5—Zlo" igned by:/I..-By: fii,V't (�(.Y1A.OI�Y(Jt.( By: wcqb6t 84s u&aimed. Signature tlafflO91nature Name: Teri Gerhardt Title: GIS Manager 5/18/2022 Date: Address: 10300 Torre Avenue Cupertino California 95014 Damon Littlejohn Executive, Sales Date: 5/18/2022 Address: 40 Pacifica, Suite 900 Irvine, California 92618 SR0004564078 Executable SM TH 05-18-22 Page l of 8 2010-8FSK8J CLv010522-1 DocuSign Envelope ID: B178A6DB-6FE3-42ED-ACC1-46B1A9FBE8B8 1. Agreement Structure. 1.1 Each SOW executed by the Parties under this MSA shall be subject to these terms and conditions as well as any additional terms and conditions set forth in the Addendum hereunder applicable to such SOW, if any. Each SOW shall specifically reference this MSA, the Addendum to which such SOW is subject, if any, the specific services provided by CoreLogic to Customer (together with any applicable documentation, corrections, bug fixes, updates or other modifications, the "Services"), delivery methods, and Fees; and set forth, to the extent applicable: (1) the authorized use of the Services ("Permitted Applications"); (2) any third parties authorized to use the Services or Customer's products incorporating or relying on the Services, as permitted in the Permitted Applications, for their own internal purposes only ("End Users"); (3) any entities authorized to use the Services as long as such entity controls, is controlled by, or is under common control with Customer ("Permitted Affiliate"); and (4) any independent entities authorized to store, access, process, or use the Services solely on behalf of Customer ("Permitted Processor") (End Users, Permitted Affiliates, and Permitted Processors collectively and as applicable, "Permitted Users"). 1.2 When fully executed by authorized signatories of the Parties, each SOW shall be incorporated into, and shall form a part of, this Agreement. Only the CoreLogic entity executing a specific Addendum or SOW shall incur any obligation or liability to Customer under such Addendum or SOW. Only the Customer entity executing a specific Addendum or SOW or named as a Permitted Affiliate shall incur any rights under such Addendum or SOW. The provisions of the various Agreement documents shall, to the extent possible, be interpreted so as to supplement each other and avoid any conflict between them. In the event of a conflict between this MSA, the Addendum and the applicable SOW, the order of precedence shall be as follows, listed in descending order of priority: the SOW; the Addendum; and this MSA. 2. Ownership. CoreLogic or its third party licensors own and hold all right, title and interest in and to the Services, including without limitation, all underlying data compilations and information, all materials related to the Services and all patents, trademarks, copyrights and trade secrets (collectively, "Intellectual Property") derived from the Services, notwithstanding that portions of the Services may be derived in whole or in part from publicly available sources. For the avoidance of doubt, CoreLogic does not own or have any right in and to Customer's data and other materials received by Customer from its other suppliers. 3. Fees; Taxes. 3.1. Fees. Customer shall pay CoreLogic the fees for the Services ("Fees") as set forth in each SOW within thirty (30) days of the date of CoreLogic's invoice via check, electronic check, wire transfer/ACH, credit card ("Card"), or other payment method agreed by the Parties. If Customer elects to pay any Fees using a Card or via any electronic invoicing system or portal ("Invoicing Portal"), it may be subject to additional fees. In the event that Customer reasonably disputes any portion of an invoice and provides written notice and documentation of such dispute, the Parties shall resolve such dispute in good faith, provided that in all cases, Customer shall timely pay the undisputed portion of any disputed invoice. If Customer does not deliver a notice of dispute within such thirty (30) day period, Customer shall be deemed to have agreed to the Fees set forth therein. If full payment is not made in compliance with this Section 3.1 (Fees) or the applicable SOW, Customer may be assessed a late charge equal to one and one half (I%%) percent of the unpaid amount per month, or the maximum limit permitted by law, whichever is less. If Customer fails to pay any past due Fees not reasonably in dispute within thirty (30) days of CoreLogic's written notice of such delinquency, CoreLogic, at its sole option, may suspend access or delivery of any Services provided under this Agreement until all past due charges and any related late charges are paid, or terminate the applicable SOW(s). During any period for which access or delivery of the Services is suspended, Customer shall continue to incur and pay any Fees due. 3.2. Taxes. Fees are exclusive of taxes. Customer shall be responsible for all legally required taxes, duties, or other assessments imposed upon the Services, exclusive of any income taxes imposed upon CoreLogic. When CoreLogic has the legal obligation to collect taxes, the appropriate amount shall be added to CoreLogic's invoice via a separate line item and paid by Customer, unless Customer provides CoreLogic with a valid tax exemption certificate prior to issuance of the invoice. Such certificate must be in a form authorized by the appropriate taxing authority. 4. Trademarks. No right or license for either Party to use the trademarks or service marks (collectively, the "Marks") of the other Party is granted under this Agreement, except that Customer shall have the limited right to use the Marks solely as they appear in the Services. Neither Party shall use the Marks of the other in any advertising or promotional material nor shall Customer disclose CoreLogic as a data source to any third party, except for such disclosures required by federal, state or local government law or regulations, or as otherwise may be prior authorized in writing by the other Party. Customer shall not remove, alter or obscure any Marks or proprietary notices contained in the Services or other materials provided by CoreLogic. For purposes of clarification, maintaining such Marks or proprietary notices in the Services or other materials provided by CoreLogic shall not be considered by CoreLogic to be a disclosure by Customer of CoreLogic as a data source. 5. Compliance with Law; CCPA. 5.1 Compliance with Law. CoreLogic's provision of the Services and Customer's use ofthe Services shall comply with all applicable laws, statutes, ordinances and regulations, including if and to the extent applicable, the Gramm -Leach Bliley Act of 1999 (15 U.S.C. Section 6801 et seq.) and the regulations promulgated thereunder and the Interagency Guidelines Establishing Standards for Safeguarding Customer Information. Unless otherwise expressly stated in a SOW, Customer agrees and acknowledges that the Services are not "consumer reports" as defined in the Fair Credit Reporting Act, 15 U.S.C. 1681, et. seq., and Customer shall not use, or permit any End User to use, the Services in whole or in part for the purpose of serving as a factor in establishing a consumer's eligibility for credit, insurance, employment purposes, or any other purpose enumerated in 15 U.S.C. 1681b. 5.2 California Consumer Privacy Act (CCPA). This Section 5.2 applies to the extent that either Party receives personal information of California consumers ("Personal Information") from the other Party for the purpose of providing services for the other Party under a SOW that is not otherwise subject to an exception or exclusion under the CCPA, provided that such SOW does not also permit the Personal Information to be licensed, resold, or redistributed to third parties. The Party providing the SR0004564078 Executable SM TH 05-18-22 Page 2 of 8 2010-8FSK8J CLv010522-1 DocuSign Envelope ID: B178A6DB-6FE3-42ED-ACC1-46B1A9FBE8B8 services is a "service provider" and the Party receiving the services is a "business" as defined. by the CCPA (Cal. Civ. Code §§ 1798.100 et seq.) and the CCPA Regulations (Title 11, Div. 1, Ch 20. § § 999.300 et seq.). The service provider will comply with the provisions set forth in § 999.314 (Service Providers), or successor provision, of the CCPA Regulations. 6. Confidentiality. 6.1. Confidential Information. Each Party may obtain nonpublic information from the other Party that is confidential and proprietary in nature ("Confidential Information"). Such Confidential Information includes, but is not limited to, the terms of this Agreement, the Services and any information relating thereto, information regarding a Parry's current, future and proposed products and services, product designs, plans and roadmaps, prices and costs, trade secrets, patents, patent applications, development plans, ideas, samples, media, techniques, works of authorship, models, inventions, know-how, processes, algorithms, software schematics, code and source documents, data, formulas, financial information, procurement requirements, customer lists, suppliers, investors, employees, business and contractual relationships, sales and marketing plans, Personal Information, nonpublic personal information of consumers as defined by the Gramm -Leach -Bliley Act (15 U.S.C. Section 6809) and any implementing regulations or guidelines, and any other information the receiving Party knows or reasonably ought to know is confidential, proprietary, or trade secret information of the disclosing Party. Confidential Information may be written or verbal. Confidential Information also includes any and all third -party nonpublic information provided to the receiving Party by the disclosing Party. 6.2. Obligations. The Parties agree that at all times, and notwithstanding the termination or expiration of this Agreement, they shall hold all Confidential Information of the other Party in strict confidence and trust, and shall not use, reproduce or disclose the Confidential Information of the other Party to any person or entity except as specifically permitted in this Agreement. Any reproduction of Confidential Information shall remain the property of the disclosing Party and shall contain all confidential or proprietary notices or legends which appear on the original, unless otherwise authorized in writing by the disclosing Party. Each Party may disclose Confidential Information of the other Party only to those of its contractors, consultants and advisors (collectively, "Representatives") who have previously agreed to be bound by confidentiality terms and conditions at least as restrictive as those set forth in this Agreement and who have a need to know such information. The receiving Party shall be responsible for any use of the disclosing Party's Confidential Information by the receiving Parry's Representatives. The receiving Party shall promptly notify the disclosing Party upon confirming any loss or unauthorized disclosure of the disclosing Party's Confidential Information. Within thirty (30) days of the disclosing Party's request, the receiving Party shall destroy the disclosing Party's Confidential Information and certify such destruction in writing signed by an authorized representative of the receiving Party. 6.3. Exclusions to Confidentiality. The restrictions on use and disclosure of Confidential Information set forth in Section 6.2 (Obligations) shall not apply to the extent the Confidential Information: (i) is or becomes generally available to the public through no fault of the receiving Party (or anyone acting on its behalf); (ii) was previously rightfully known to the receiving Party free of any obligation to keep it confidential; (iii) is subsequently disclosed to the receiving Party by a third party who may rightfully transfer and disclose the information without restriction and free of any obligation to keep it confidential; (iv) is independently developed by the receiving Party or a third party without reference or access to the disclosing Party's Confidential Information; or (v) is otherwise agreed upon in writing by the Parties not to be subject to the restrictions set forth in Section 6.2 (Obligation). Notwithstanding that portions of the Services may be derived in whole or in part from publicly available sources, the Services and any of CoreLogic's databases used in deriving the Services are proprietary, copyrighted and trade secrets of CoreLogic and, for the avoidance of doubt, are not excluded under this Section 6.3 (Exclusions to Confidentiality) from the restrictions on use and disclosure set forth in Section 6.2 (Obligations). For clarification purposes, the foregoing sentence applies only to the Services and does not limit Customer's ability to use information obtained from other sources. 6.4. Disclosures Required by Law. The receiving Party may disclose Confidential Information if required to do so as a matter of law, regulation, subpoena or court order, provided that, to the extent legally permitted: (i) the receiving Party shall provide the disclosing Party with at least ten (10) days' prior notice of such disclosure, (ii) the receiving Party shall disclose only that portion of the Confidential Information that is legally required to be furnished, (iii) the receiving Party shall use reasonable efforts to seek from the party to which the information must be disclosed confidential treatment of the disclosed Confidential Information; and (iv) the receiving Party allows the disclosing Party to intervene in the action at its own cost. 7. Information Security. Each Party shall implement or have an information security program that includes appropriate administrative, technical, and physical safeguards reasonably designed to: (i) ensure the security and confidentiality of consumer information; (ii) protect against any anticipated threats or hazards to the security or integrity of consumer information; (iii) protect against unauthorized access to or use of consumer information that could result in substantial harm or inconvenience to any consumer; (iv) notify the other Party of a security breach that materially impacts such Parry's Confidential Information and (v) ensures disposal of the consumer information in a secure manner. CoreLogic will furnish copies of applicable SSAE 18 or equivalent reports it has in its control for processing Services to Customer upon request. Customer is responsible for all activities that occur within Customer's assigned CoreLogic account(s), excluding CoreLogic's actions within such accounts. Customer shall: (a) prevent unauthorized access to, or use of, the CoreLogic provided applications (if any), and notify CoreLogic promptly of any such unauthorized access or use of which Customer becomes aware; (b) ensure that a user login is used by only one person (a single login shared by multiple persons is not permitted); and (c) maintain the security of its users' CoreLogic account names and passwords. 8. Business Continuity. CoreLogic shall maintain appropriate contingency plans providing for continued operation in the event of a catastrophic event affecting CoreLogic business operations. CoreLogic will furnish a summary of its business continuity policies and practices to Customer upon request. 9. Indemnification. 9.1. Indemnification by CoreLogic. (a) CoreLogic shall indemnify, defend and hold Customer harmless from and against any losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from a claim, suit or proceeding brought against Customer by a third party to the extent it is based on a claim that the Services infringe a United States Intellectual Property right (each, an "Infringement Claim"). CoreLogic's obligations with respect to this Section 9.1 are SR0004564078 Executable SM TH 05-18-22 Page 3 of 8 2010-8FSK8J CLv010522-1 DocuSign Envelope ID: B178A6DB-6FE3-42ED-ACC1-46B1A9FBE8B8 conditioned upon: (i) Customer providing CoreLogic prompt written notice of the Infringement Claim or threat thereof; (ii) Customer giving CoreLogic full and exclusive authority to conduct the defense and settlement of the Infringement Claim and any subsequent appeal; and (iii) Customer giving CoreLogic all information and assistance reasonably requested by CoreLogic in connection with the conduct of the defense and settlement of the Infringement Claim and any subsequent appeal. (b) In addition to CoreLogic's indemnification obligations under Section 9.1 (a) above, if an Infringement Claim has been made, or in CoreLogic's opinion is likely to be made, CoreLogic may, at its sole option and expense: (i) procure for Customer the right to continue using the Services; (ii) replace the applicable Services with substantially similar services; (iii) modify the Services so that it becomes non -infringing but maintains substantially similar functionality; (iv) instruct Customer to terminate its use of the affected Services and, in such instance, refund to Customer a pro-rata amount of any prepaid Fees actually paid by Customer for the unused portion of such Services. If Customer does not accept or comply with CoreLogic's chosen option, CoreLogic shall have no obligation to indemnify Customer for the Infringement Claim to the extent resulting from such refusal or noncompliance. (c) Notwithstanding the foregoing, CoreLogic shall have no obligation to indemnify Customer to the extent an Infringement Claim arises from (i) the combination, operation or use of the Services with any other software, data, products or materials not supplied by CoreLogic, (ii) the use of the Services other than as expressly provided in the Permitted Applications or otherwise in violation of the terms and conditions of this Agreement; (iii) the alteration or modification of the Services by any person other than CoreLogic; (iv) CoreLogic's compliance with Customer's designs, specifications or instructions. (d) THIS SECTION 9.1 (INDEMNIFICATION BY CORELOGIC) SETS FORTH CORELOGIC'S ENTIRE LIABILITY AND SOLE INDEMNIFICATION OBLIGATIONS TO CUSTOMER WITH RESPECT TO ANY THIRD PARTY CLAIMS. 9.2. Indemnification by Customer. Except for CoreLogic's indemnity obligations set forth in Section 9.1 (Indemnification by CoreLogic), Customer shall indemnify, defend and hold CoreLogic harmless from and against all losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from a claim, suit or proceeding brought against CoreLogic by a third party to the extent it is based on: (i) the use of the Services by the Customer or its Permitted Users (as defined in the applicable Addendum or set forth in the applicable SOW), and/or (ii) Customer's provision of or CoreLogic's use of any data, documentation or other materials provided by Customer under this Agreement.. Customer shall control the defense and any settlement of such claim and CoreLogic shall reasonably cooperate with Customer in defending against such claim; provided, however, that in no event may Customer settle any claim that requires an admission of fault by or financial contribution from CoreLogic without CoreLogic's prior, express, written approval, such approval not to be unreasonably withheld, delayed, or conditioned. 10. Term; Termination. 10.1. Term. This MSA shall commence on the Effective Date. Provided there are no active SOWS in place, either Party may terminate this MSA without cause upon notice to the other Party. The term of each SOW is as specified in such SOW. 10.2. Termination for Cause. A SOW may be terminated by either Party if the other Party breaches any provision of such SOW, including a provision of this Agreement: (i) upon at least 30 days' notice to the breaching Party if such breach is capable of being cured and the breaching Party does not cure such breach within the thirty (30) day period; or (ii) immediately upon notice to the breaching Party for a breach of any license grant, breach of Section 5 (Compliance with Law), or if such breach is not capable of being cured. Additionally, in the event of a breach of any license grant by Customer, CoreLogic may immediately suspend access to or delivery of the Services and/or all obligations of CoreLogic under this Agreement related to such Services shall cease until such breach is remedied. During any period for which access or delivery of the Services is suspended, Customer shall continue to incur and pay any Fees due. 10.3. Termination for Insolvency. Either Party may immediately terminate this MSA upon written notice to the other Party in the event the other Party: (i) becomes insolvent; (ii) files, submits, initiates, agrees to or is subject to any bankruptcy petition, conservatorship, request or petition for appointment of a receiver, or demand or application for voluntary or involuntary dissolution; or (iii) makes a general assignment for the benefit of its creditors. In the event that Customer files bankruptcy, Customer agrees that, upon the written direction by CoreLogic, CoreLogic is a critical vendor under the Bankruptcy Code and will continue to be treated as a critical vendor throughout the bankruptcy case. In the event that the Customer files bankruptcy, Customer agrees that this Agreement is subject to Section 365 of the Bankruptcy Code. In the event that Customer files bankruptcy, Customer consents that the automatic stay is hereby lifted with regard to the amounts owed by Customer to CoreLogic without need for further court order by CoreLogic. 10.4. Effects of Termination. Upon expiration or termination of a SOW, all license rights granted by CoreLogic to Customer pursuant to such SOW shall terminate and Customer shall promptly pay CoreLogic in full for all Services accessed, ordered, or delivered. Customer acknowledges that Fees are based on a minimum term. If any SOW is terminated due to Customer's breach, Customer shall, if applicable, promptly pay CoreLogic the full amount of any outstanding Fees for the remainder of the applicable term. Notwithstanding the foregoing, the Parties agree that if Customer orders or continues to use the Services after the expiration or termination of the applicable SOW, and CoreLogic accepts such orders or delivers such Services, then such orders and use of the Services shall be governed by the terms and conditions of this Agreement; provided, however, that acceptance by CoreLogic of any order or delivery of any Services after the expiration or termination of the SOW shall not be considered an extension or renewal of the applicable SOW, nor obligate CoreLogic to accept any future orders or continue to deliver the Services. 11. Disclaimer. CERTAIN SERVICES ARE BASED UPON DATA COLLECTED FROM PUBLIC RECORDS SOURCES. UNLESS OTHERWISE SET FORTH IN AN ADDENDUM OR SOW, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, AVAILABILITY, NON -INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO CORELOGIC), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 12. Limitation of Liability. EXCEPT FOR CORELOGIC'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR SR0004564078 Executable SM TH 05-18-22 Page 4 of 8 2010-8FSK8J CLv010522-1 DocuSign Envelope ID: 6178A6Dl3-6FE3-42ED-ACC1-46131AWBE8138 FRAUD, CORELOGIC'S TOTAL LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY UNDER OR RELATED TO ANY SOW UNDER THIS AGREEMENT IS LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO CORELOGIC UNDER SUCH SOW DURING THE THREE (3) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCE GIVING RISE TO SUCH CLAIM. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THE APPLICABLE SOW ARE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CORELOGIC, OR ANY PROVIDER OF INFORMATION USED BY CORELOGIC IN PREPARING OR PROVIDING THE SERVICES, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS OR REVENUE, OR LOST OR DAMAGED DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CORELOGIC IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. 13. Customer Oversight; Regulatory Oversight; Pre - Screening of CoreLogic Personnel. 13.1. Customer Oversight. CoreLogic agrees to provide an annual due diligence package which will include: (i) an information security program overview; (ii) a business continuity program overview; and (iii) a SSAE 18 or equivalent SOC report. Customer, upon request, will also be entitled to review via a secure data portal, CoreLogic's policies, standards, and collateral evidence of security controls. In addition, CoreLogic agrees to conduct quarterly client audits (each a "Quarterly Audit") for its clients to verify that CoreLogic understands and is capable of complying with its obligations under this Agreement and applicable law. Customer (subject to a non -disclosure agreement reasonably acceptable to CoreLogic) will be able to participate in the Quarterly Audit once per calendar year, which will include the ability for Customer to perform a limited inspection of CoreLogic's premises under CoreLogic's supervision, provided that Customer shall not have access to files or systems that contain information of other customers. If any Quarterly Audit results in a finding that the Parties agree constitutes CoreLogic's noncompliance with the material terms of this Agreement, CoreLogic shall take reasonable steps to remedy such finding or provide Customer with a detailed report as to why it cannot be remedied. 13.2. Regulatory Oversight. If Customer is required to grant audit rights to a regulator having jurisdiction over Customer under applicable law ("Regulator") to verify CoreLogic's performance under the Agreement, Customer shall promptly provide written notice to CoreLogic of such request, and any information provided by CoreLogic shall be treated as CoreLogic's Confidential Information. CoreLogic shall reasonably cooperate with such examination. 13.3. Pre -Screening of CoreLogic Personnel. CoreLogic agrees prior to any employee providing Services to Customer pursuant to this Agreement, CoreLogic shall, to the extent permitted by applicable law, have administered the following background screening guidelines: (i) social security number verification (verifies and analyzes social security numbers to match previous address information and potential alias); (ii) criminal background check (for the past ten (10) years or to the extent permitted by applicable law); (iii) employment verification; (iv) education verification (highest degree attained); (v) where required by applicable law, employee's enrollment in and participation in the requisite federal work authorization program; (vi) drug screen, (vii) Extended Global Sanctions Search (including an Office of Foreign Asset Control (OFAC) check); (viii) credit history (for certain positions) and (ix) driving record history (for certain positions). 14. GENERAL PROVISIONS. 14.1. Relationship of Parties. The Parties acknowledge that this is a business relationship based on the express provisions of this Agreement, they are independent of each other, and no partnership, joint venture, agency, fiduciary or employment relationship is intended or created by this Agreement. Neither Party is the legal representative or agent of, nor has the power or right to obligate, direct or supervise the daily affairs of the other Party, and neither Party shall act, represent or hold itself out as such. Notwithstanding any use of the term "partner" in this Agreement or any Services, product or programs made available to Customer, the Parties do not intend to create any legal relationship or partnership between each other, and neither Party will assert to any third party or otherwise claim that such a legal relationship exists between each other. 14.2. Notices. All notices required under this Agreement shall be sent to the addresses on the signature page of this Agreement, and, if the notice relates to a specific SOW, to any additional addresses listed in such SOW, to the attention of the signatories, with a copy to the Legal Department of the Party. All notices under this Agreement shall be deemed given: (i) when delivered by hand; (ii) one day after being sent by commercial overnight courier with written verification of receipt; or (iii) five days after being sent by registered or certified mail, return receipt requested, postage prepaid. Either Party may change its address for notification purposes by giving the other Party written notice of the new address and the date upon which it will become effective. 14.3. Assignment. Customer shall not assign or transfer this Agreement or any rights or obligations under this Agreement without CoreLogic's prior written consent, which shall not be unreasonably withheld. A change in control of Customer constitutes an assignment under this Agreement. Any unauthorized assignment or transfer of this Agreement or any rights or obligations thereunder, shall be void and constitutes ground for immediate termination of this Agreement by CoreLogic. This Agreement binds and inures to the benefit of the Parties and their respective permitted successors and permitted assigns. 14.4. Severability. If any provision, or part thereof, of this Agreement becomes or is declared invalid, illegal or unenforceable in any respect under any law, such provision, or part thereof, shall be null and void, and deemed deleted from this Agreement. The validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired. 14.5. No Waiver. Any waiver is only valid to the extent expressly set forth in writing. No waiver by either Party of any right under this Agreement shall constitute a subsequent or continuing waiver of such right or any other rights under this Agreement. 14.6. Injunction. Customer acknowledges that the Services are a valuable commercial product, the development of which involved the expenditure of substantial time and money. Any violation of the licenses granted hereunder, confidentiality obligations or infringement or misappropriation of CoreLogic's intellectual property rights may result in irreparable harm to SR0004564078 Executable SM TH 05-18-22 Page 5 of 8 2010-8FSK8J CLv010522-1 DocuSign Envelope ID: B178A6DB-6FE3-42ED-ACC1-46B1A9FBE8B8 CoreLogic, for which CoreLogic may not have adequate remedy in money or damages, and CoreLogic may seek injunctive relief, in addition to (and not in lieu of) such further relief as may be granted by a court of competent jurisdiction, without the requirement of posting a bond or providing an undertaking. 14.7. Force Majeure. Neither Party shall be liable for any failure or delay in its performance under this Agreement or interruption of service, resulting directly or indirectly, from circumstances beyond its reasonable control (including, but not limited to, act of terrorism, war (declared or not declared), act of any government, any acts of God, pandemic, civil or military authority, labor disputes, shortages of suitable parts, materials or labor, or any similar cause); provided that it notifies the other Party as soon as practicable and uses commercially reasonable efforts to resume performance. 14.8. Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of California, without giving effect to its principles of conflicts of law. Any litigation arising out of this Agreement shall be brought by either Party in a court of competent jurisdiction located in Orange County, California, and each Party hereby waives any defenses it may have before such courts based on a lack of personal jurisdiction or inconvenient forum. Each Party hereby expressly and irrevocably waives the right to a jury trial. The prevailing party shall be awarded its reasonable attorneys' fees and costs in any proceeding arising out of or related to this Agreement. 14.9. Insurance. CoreLogic shall carry and maintain at all times during the term of this Agreement, the lines of insurance coverage with minimum policy limits as follows: (i) Workers' Compensation with limits as required by applicable statute; (ii) Employers' Liability with limits of $1,000,000.00, per accident or disease and policy limit; (iii) Commercial General Liability with limits of $1,000,000.00, combined single limit bodily injury and property damage, per occurrence and $2,000,000 in the aggregate; (iv) Business Automobile Liability with limits of $1,000,000.00, combined single limit, each accident; and (v) Professional (Errors and Omissions) and Cyber Liability coverage with a minimum combined single limit of $2,000,000. CoreLogic shall use an insurance provider having an A.M. Best Company rating of A- or better with financial size category of X or higher. 14.10. No Third -Party Beneficiaries. CoreLogic and Customer agree that this Agreement, including each Addendum and each SOW, are for the benefit of the entities executing such document(s) and are not intended to confer any rights or benefits on any third party, including any employee or client of either entity executing such document(s), and that there are no third party beneficiaries as to this Agreement or any part or specific provision of this Agreement. 14.11. Survival. The following sections shall survive the expiration or termination of this Agreement: 2 (Ownership); 3 (Fees; Taxes); 6 (Confidentiality); 9 (Indemnification); 10.4 (Effects of Termination); 11 (Disclaimer); 12 (Limitation of Liability); and 14 (General Provisions). 14.12. Construction. Section headings of this Agreement have been added solely for convenience of reference and shall have no effect upon construction or interpretation of this Agreement. Unless the context otherwise requires, words importing the singular shall include the plural and vice -versa. The words "include," "includes" and "including" shall mean "include without limitation," "includes without limitation" and "including without limitation," it being the intention of the Parties that any listing following thereafter is illustrative and not exclusive or exhaustive. All references to "days" shall mean calendar days, unless otherwise specified. The Parties acknowledge that this Agreement was prepared by both Parties jointly, and any uncertainty or ambiguity shall not be interpreted against any one Party. 14.13. Counterparts. This Agreement and each Addendum and SOW may be executed in any number of counterparts, each of which is deemed an original, and all taken together constitute one and the same instrument. If this Agreement is executed in counterparts, no signatory is bound until all Parties have duly executed this Agreement. Any signature executed and/or transmitted by electronic means, facsimile or e-mail (in .pdf, .tif, .jpeg, or a similar format), or a photocopy of such transmission, is deemed to constitute the original signature of such Party to this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.] SR0004564078 Executable SM TH 05-18-22 Page 6 of 8 2010-8FSK8J CLv010522-1 DocuSign Envelope ID: B178A6DB-6FE3-42ED-ACC1-46B1A9FBE8B8 LICENSING ADDENDUM TO MASTER SERVICES AGREEMENT This Licensing Addendum ("Licensing Addendum") is entered into between CoreLogic Solutions, LLC, together with its subsidiaries and affiliates (collectively, "CoreLogic") and the customer identified below in the signature block to this Licensing Addendum, together with its subsidiaries and affiliates ("Customer") (collectively, the "Parties," or individually, a "Party"). This Licensing Addendum is subject to the April 12, 2022 Master Services Agreement and all subsequent amendments, exhibits, or attachments thereto ("MSA") between CoreLogic and Customer. Capitalized terms used without definition in this Addendum have the meanings ascribed to them in the MSA. This Licensing Addendum is effective as of May 18, 2022. 1. LICENSE. 1.1 License Grant. Subject to the terms and conditions of this Licensing Addendum and the MSA, CoreLogic grants to Customer and Permitted Users a non-exclusive, non -transferable, limited license to use the Services set forth in each SOW solely for the Permitted Applications for each of the Services. There are no implied licenses under this Licensing Addendum or the MSA. All rights not expressly granted herein are reserved. 1.2 License Restrictions. Customer and Permitted Users shall not use the Services for any purposes other than the Permitted Applications in the applicable SOW. Without limiting the foregoing, and except to the extent expressly authorized in the Permitted Applications in the applicable SOW, Customer and Permitted Users shall not: (i) disclose, disseminate, reproduce or publish any portion of the Services in any manner; (ii) use the Services to create models, analytics, derivative products or other derivative works; (iii) disassemble, decompile or reverse engineer CoreLogic's Confidential Information or any portion of the Services; (iv) allow access to the Services through any servers located outside of Customer's or any Permitted Users' network; (v) use or store the Services outside the United States or Canada; or (vi) use the Services in any way that is defamatory, threatening or harassing. 1.3 Destruction of Services. Within 30 days of expiration or termination of a SOW, Customer shall, to the extent reasonably practicable, destroy all Services in Customer's possession or control delivered under the terminated SOW(s) and, upon request by CoreLogic, certify in writing signed by an officer of Customer that all Services have been destroyed. If such Services are not destroyed in accordance with the foregoing, Customer shall pay CoreLogic the Fees ordinarily and reasonably charged by CoreLogic for the Services until such time as such Services are destroyed by Customer. Notwithstanding the foregoing, Customer may retain a copy of the Services in an archival database, as required for regulatory compliance or internal record -keeping, and for no other use, commercial or otherwise. 2. CUSTOMER ACKNOWLEDGMENTS. Customer acknowledges and agrees to the following: 2.1 Availability of Data. The availability of data elements in the Services varies substantially from area -to -area, and circumstances may exist or arise that prevent CoreLogic from providing such data or achieving complete representation of all data elements in the Services. Notwithstanding anything to the contrary, CoreLogic may limit or discontinue the provision of the Services for geographic locations where: (i) CoreLogic is restricted by rules, regulations, laws or governmental entities; (ii) CoreLogic has discontinued the collection of data; or (iii) CoreLogic is prohibited by third party providers. In addition, CoreLogic may discontinue any Services it no longer generally provides to its customers, and upgrade or change the support, delivery and maintenance of any Services. 2.2 Limitations of Services. 2.2.1 The Services do not constitute an appraisal of any subject property, and do not include a physical or visual inspection of any subject property or an analysis of current market conditions by a licensed or certified appraiser. The condition of any subject property and current market conditions may greatly affect the validity of the Services. Customer shall not use the Services in lieu of a walk-through appraisal or other form of appraisal by a certified appraiser. SR0004564078 Executable SM TH 05-18-22 Page 7 of 8 2010-8FSK8J CLv010522-1 DocuSign Envelope ID: B178A6DB-6FE3-42ED-ACC1-46B1A9FBE8B8 2.2.2 Customer shall not construe the Services as a representation by CoreLogic as to the condition of title to real property. The Services may not include all recorded conveyances, instruments or documents that impart constructive notice with respect to any chain of title described in the Services. 2.3 Use of Data. CoreLogic may use non -personally identifiable information provided by Customer for statistical purposes, product enhancement, marketing analysis and related purposes. For purposes of this Licensing Addendum, "non -personally identifiable information" means aggregated and anonymized data which does not identify a specific person or organization. 3. PERMITTED USERS. Before providing any Services to a Permitted User, Customer shall require the Permitted User to agree in writing that its use of the Services will comply with the Permitted Applications contained in the applicable SOW. Such agreement also shall name CoreLogic as an express third party beneficiary to the agreement. Notwithstanding the foregoing, Customer shall remain fully responsible for any use of the Services by its Permitted Users. 4. AUDITS. Upon 5 days' prior written notice, CoreLogic may audit Customer for purposes of ensuring Customer's compliance with the terms and conditions of the Agreement. CoreLogic may choose the auditor in its sole discretion. CoreLogic or its designee may, during the course of such examination, make copies or extracts of Customer's books and records relating to Customer's compliance with the terms of the Agreement. CoreLogic shall treat all information reviewed during an audit as confidential. Any such audit shall take place during regular business hours, shall not unreasonably disrupt Customer's operations, and shall be conducted under Customer's supervision. If the audit indicates there is a breach in Customer's compliance with the Agreement, Customer shall pay for the cost of such audit. Additionally, in the event CoreLogic finds that Customer has underpaid the Fees due to CoreLogic, Customer shall, within 30 days of discovery of such underpayment, remit to CoreLogic the full amount of such underpayment. If Customer does not cooperate with CoreLogic's request to audit for compliance, Customer shall be deemed to be in breach of the Agreement, for which CoreLogic may immediately terminate the Agreement. 5. SURVIVAL. The following sections shall survive the expiration or termination of this Licensing Addendum: 1.2 (License Restrictions), Section 4 (Audits) and Section 5 (Survival). IN WITNESS WHEREOF, the Parties have caused this Licensing Addendum to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this Licensing Addendum. CITY OF CUPERTINO ("CUSTOMER") By: 5DocuSlgned by: au4wk 845Dr4eiei @MRd Signature Teri Gerhardt Name: Title: GIS Manager 5/18/2022 Date: Address: 10300 Torre Avenue Cupertino California 95014 Facsimile: SR0004564078 Executable SM TH 05-18-22 CORELOGIC SOLUTIONS, LLC ("CORELOGIC") DocuSlgned by: By: �ouMbin, ( but t &,9Pgnature Name: Damon Littlejohn Title: Executive, Sales 5/18/2022 Date: Address: 40 Pacifica, Suite 900 Irvine, California 92618 Facsimile: (949) 214-1030 Page 8 of 8 2010-8FSK8J C1, 010522-1 DocuSign Envelope ID: 32725359-91D9-4BB6-B073-EA9FF704F156 STATEMENT OF WORK SR000461478401 FOR RISK ANALYSIS SERVICES This Statement of Work SR000461478401 for Risk Analysis Services ("SOW") is between CoreLogic Solutions, LLC, a California limited liability company ("CoreLogic") and City of Cupertino ("Customer") (collectively, the "Parties", or individually, a "Party"). This SOW is subject to the May 18, 2022 Master Services Agreement and the May 18, 2022 Licensing Addendum ("Licensing Addendum") between Customer and CoreLogic and all subsequent amendments, exhibits, or attachments between the Parties (collectively, the "Agreement"). This SOW is effective as of September 23, 2022 ("SOW Effective Date"). The Parties agree as follows: I. SERVICES, DELIVERY & FEES: CoreLogic shall provide Customer with the Services listed in the attached exhibit detailing Services, Delivery and Fee information ("Fee Schedule") via the specified delivery method. If the Fee Schedule indicates that an exhibit is attached, the additional terms and conditions set forth in the exhibit apply to the Service. H. ADDITIONAL FEE INFORMATION: A. Monthly Minimum Fee: Customer shall pay to CoreLogic monthly minimum fee per month as set forth in the Fee Schedule ("Monthly Minimum Fee"). The Fees accrued each month for the Services apply towards satisfying the Monthly Minimum Fee for such month. Fees accrued in excess of the Monthly Minimum Fee in a given month do not carry-over towards satisfying the Monthly Minimum Fee for any other month. B. Subsequent reports for LoanSafe Fraud Manager and LoanSafe Risk Manager: Customer may rerun reports at no additional fee within the 60 days following the initial order of such report provided that the request is for the same Customer entity, CoreLogic Service, platform, and loan number. Reruns outside of those parameters may incur a new report charge. C. Annual Fee Increase: The Fees for the Services under this SOW shall increase 3% annually, rounded to the nearest $0.01, on the first day of each SOW renewal term. III. PERMITTED APPLICATIONS: The Services shall be used solely for the applications specified below in accordance with the terms and conditions of this Agreement. A. Customer's Use: 1. Internal Use: Customer shall use the Services solely for Customer's own internal business purposes of risk management. Customer shall not resell, relicense or redistribute the Services in whole or in part. a. Customer shall not order LoanSafe Fraud Manager or LoanSafe Risk Manager reports for fictitious consumers. Customer shall only order such reports in connection with actual consumers for which Customer has a legitimate business purpose to order such reports. Customer acknowledges that it may be required, upon request by CoreLogic, to investigate specific reports and certify that its use of the LoanSafe Fraud Manager and/or LoanSafe Risk Manager Services complies with the Gramm - Leach Bliley Act of 1999 (15 U.S.C. Section 6801 et seq.). B. LoanSafe Fraud/Risk Manager: Customer agrees to abide by the NMLS® Consumer AccessSA° Terms of Use Agreement available at https://nmisconsumeraccess.org/Home.aspx/TermsOfLJse. C. Customer's Use Total Home Value' for Marketing: Customer shall use the Services solely for Customer's own internal business purposes of one-time direct marketing use, customer retention, new customer acquisition, cross -selling uses, and other marketing uses. Customer shall not resell, relicense or redistribute the Services in whole or in part. D. Customer's Use Total Home Value' for Originations: Customer shall use the Services solely for Customer's own internal business purposes of loan originations. In connection therewith, Customer may Confidential SR0004614784 Executable PC TH 09-23-22 Page 1 of 4 2010-89HUMF CLv092221-2 DocuSign Envelope ID: 32725359-91 D946136-13073-EA9FF70417156 include the Services within Customer's borrowers' own loan file. Customer shall not resell, relicense or redistribute the Services in whole or in part. E. Customer's Use Total Home Value' for Risk Management: Customer shall use the Services solely for Customer's own internal business purposes of risk management. Customer shall not resell, relicense or redistribute the Services in whole or in part. F. Customer's Use Total Home Value' for Portfolio Monitoring: Customer shall use the Services solely for Customer's own internal business purposes of portfolio monitoring and management. Customer shall not resell, relicense or redistribute the Services in whole or in part. IV. SOW TERM AND RENEWAL: The term of this SOW is for 12 months, commencing on the SOW Effective Date. Thereafter, the term shall automatically renew for additional successive 12-month terms. Either Party may forego automatic renewal of this SOW by giving the other Party at least 60 days' written notice of termination prior to the expiration of the then -current term. V. EXECUTION: This SOW may be executed in any number of counterparts, each of which is deemed an original, and all taken together constitute one and the same instrument. If this SOW is executed in counterparts, no signatory is bound until all Parties have duly executed this SOW and all Parties have received a fully executed SOW. The Parties acknowledge that any signature transmitted by facsimile or e-mail (in .pdf, .tif, .jpeg, or a similar format), or a photocopy of such transmission, is deemed to constitute the original signature of such Party to this SOW. The individuals signing below represent that they are authorized to do so by and on behalf of the Party for whom they are signing. THE PARTIES HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS SOW. CITY OF CUPERTINO ("CUSTOMER") DocuSlgnneby: By: �Jd.-- �I.VY A @tt�4i �B97 ftnature Teri Gerhardt Name: Title: GIS Manager 9/23/2022 Date: Address: 10300 Torre Avenue Cupertino, California 95014 CORELOGIC SOLUTIONS, LLC ("CORELOGIC") DocuSig ned by By: %� '4at+l11102&�ature Name: Tom Stapleton Title: Sr Leader, Inside Sales Date: 9/23/2022 Address: 40 Pacifica, Suite 900 Irvine, California 92618 Confidential SR0004614784 Executable PC TH 09-23-22 Page 2 of 2010-89HUMF CLv092221-2 DocuSign Envelope ID: 32725359-91D9-4BB6-B073-EA9FF704F156 FEE SCHEDULE EXHIBIT Risk Analysis Services, Delivery & Fee Schedule CoreLogic shall deliver the Services to Customer via any of the following delivery platforms, as applicable: (i) CoreLogic's secure, password -protected Internet site: realquest.com ("RealQuest"); or (ii) RealQuest Self -Service Batch; or (iii) Connect2Data XML as further described in the Connect2Data Requirements above ("C21) XML"); or (iii) CoreBatch; or (iv) the following Third Party Platforms: Ellie Mae's Encompass ("Encompass"); Calyx Point; CounselorDirect; Mortgage Cadence Portal ("Mortgage Cadence"); DRI Default Portal ("DRI"); ReaIEC Portal ("ReaIEC"); and QuestSoft Compliance EAGLE". RealQuest Monthly Minimum Fee $750.00 PROPERTY REPORTS Code Fees Property Detail Report IQ2RPQ $0.84 Building Permit Report IQ2SBQ $0.84 HOA Report IQ2HAQ $0.84 Comparable Sales Report (max 50 comps on a single report) IQ2RWQ $1.58 Street Maps Plus (includes Aerial) IQ2SMQ $0.27 Parcel Maps (Assessor Maps) IQ2MPQ $1.05 Flood Maps IQ2FMQ $0.68 Neighborhood Info Report (Demographics, Crime, Businesses, Schools) IQ2NIQ $0.74 Document Image IQ2IAQ, IQ2IBQ, IQ21FQ, IQ2IHQ IQ21MQ, IQ2IRQ, IQ2ISQ, IQ2ITQ S - 25 Foreclosure Activity/Detail Report IQ2FRQ $4.94 Transaction History Report IQ2TRQ $3.29 Legal and Vesting Report (w/ transaction history) IQ2RLQ $9.76 Voluntary Lien Report IQ2LNQ $10.19 Voluntary and Involuntary Lien Report IQ2TLQ $18.48 PROPERTY REPORT ADD ON PRODUCTS Principal Data IQ2PDQ $4.13 Foreclosure Indicator IQ2FHQ $0.23 For Sale Indicator IQ2FSQ $0.23 CUSTOM SEARCH EXPORT OPTIONS Custom Search: Standard Property Detail IQ2REQ $0.34 Custom Search: Property Characteristics IQ2ECQ $0.17 Custom Search: Expanded Property Characteristics IQ2EXQ $0.21 ECustommarch: Mortgage Info IQ2EMQ $0.16 arch: Transaction Information IQ2ETQ $0.18 Confidential SR0004614784 Executable PC TH 09-23-22 Page 3 of 2010-89HUMF CLv092221-2 DocuSign Envelope ID: 32725359-91 D9-4l3B6-l3073-EA9FF704F1 56 Custom Search: Specialty Fields 1Q2ESQ SO 10 MLS DATA REPORTS MarketPortal IQ2DPQ $12.00 Listing and Market Activity Report IQ2BLQ $8.72 Listing & Market Activity Report COMPONENTS Property Photos IQ2PPQ $0.68 Property Listing History Report IQ2LHQ $5.78 SELF-SERVICE BATCH OPTIONS Property Detail - Batch IQ2BPQ $0.45 + Add -On Property Detail - Batch Fall IQ2FPQ $0.31 Voluntary Lien - Batch IQ2RRQ $8.15 Voluntary & Involuntary Lien - Batch IQ2BUQ $16.80 +Add -On Voluntary & Involuntary Lien - Batch Fall IQ2FUQ $1.68 Open Lien - Batch IQ2TUQ $1.97 Transaction History - Batch IQ2TBQ $2.63 Listing and Market Activity Report (LAMAR) - Batch IQ2BLQ $7.88 + Add -On Listing and Market Activity Report (LAMAR) - Fall Report IQ2FLQ $0.79 Property Listing History - Batch IQ2BHQ $5.20 Total Home Valuer for Originations - Summary Values IQ2TGQ $4.50 + Add -On Total Home Valuer for Originations - Full Report IQ2TFQ $7.40 Total Home Value' for Risk Management - Summary Values IQ2TSQ $4.50 + Add -On Total Home Vahtex for Risk Management —Full Report IQ2TMQ $7.40 Total Home Value' for Marketing - Summary Values IQ2TAQ $4.95 Total Home Value' for Portfolio Monitoring - Summary Values IQ2TTQ $0.78 VALUATION PRODUCTS Total Home Value' for Originations - Full Report IQ2TOQ $1 1.90 Total Home Value' for Risk Management - Full Report IQ2THQ $11.90 HVE - Full Report IQ2VTQ $14.85 FRAUD PRODUCTS LoanSafe Collateral Manager IQ2LCQ $9.50 LoanSafe Fraud Manager IQ2LFQ $13.50 LoanSafe Risk Manager (Suite) IQ2LRQ $16.25 Confidential SR0004614784 Executable PC TH 09-23-22 Page 4 of 2010-89HUMF CLv092221-2