THIS AGREEMENT, made by and between the COUNTY OF CHESTER (hereinafter "THE COUNTY") and the undersigned, (hereinafter "PURCHASER"):

In and for the consideration, mutual promises and undertakings of THE COUNTY and the PURCHASER as set forth herein, THE COUNTY and the PURCHASER AGREE AS FOLLOWS:

WHEREAS, PURCHASER wishes to purchase from THE COUNTY electronic access to records (data): more specifically set forth as follows: the ability to access the Chester County Public Information Network "ChescoPIN"; and

WHEREAS, the purchase price and terms of payment are as follows: $50.00 one-time subscription application fee, billed immediately, $10.00 minimum monthly fee (up to 100 transactions) for months in which activity occurs, and $0.10 per transaction thereafter, billed on a monthly basis. However, no transaction activity shall be counted nor fee assessed for access of Recorder of Deeds information. All payments will be made through credit/debit cards (Visa & MasterCard) only.

NOW, THEREFORE, intending to be legally bound, the parties further agree to the following terms and conditions:

THE COUNTY hereby agrees to provide the aforementioned service at the stated price and will give notification of any change in service or cost.

PURCHASER may not use the records (data) purchased under this Agreement for any purpose other than that set forth above without the written consent of THE COUNTY in the form of an addendum to this Agreement or a new Agreement.

PURCHASER agrees to be liable for all charges to PURCHASER'S account arising from misuse of access passwords.

The records (data) that are present in the system are the records (data) that are actually in use by the offices in the Chester County Court House. THE COUNTY has made all prudent efforts to ensure that the data is accurate and reliable, but as with any filing system, errors of omission and commission will invariable occur. The parties agree that THE COUNTY will not be responsible for any damages or injury arising out of any errors of omission or commission contained in the records (data). The PURCHASER agrees to notify the P.I.N. Coordinator of those records (data) that appear to be in error. Notification shall be in writing and must include a screen print of the records (data) in question with the date and time stamp intact. The notification shall be forwarded to:

P.I.N. Support Analyst
Department of Computing and Information Services
Chester County Court House
313 W. Market Street, Suite 5302
P O Box 2748
West Chester, PA 19380-0991.

PURCHASER agrees to indemnify, defend and hold harmless THE COUNTY against and in respect to any and all claims, actions, demands, losses, costs, expenses, liabilities, penalties, and other damages including, without limitation, counsel fees and other costs resulting to THE COUNTY by the initiation of any suit or proceeding brought against THE COUNTY to the extent that such proceeding is based on a claim relating to any record or information provided pursuant to this AGREEMENT and used for the stated purposes herein or any other purpose(s).

It is the intention of the parties that the laws of Pennsylvania shall govern the validity of this Agreement, the construction of its terms, and the interpretations of the rights and duties of the parties.