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PRODUCT SUPPLEMENT - CLAIM ESSENTIALSrsolor mar imm Verisk M CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS This is a Product Supplement, effective this 1St day of November, 2021 (the "Effective Date") to the ISO Master Agreement, 03-14 edition, dated September 21, 2017 by and between City of Clearwater, on behalf of itself and its Affiliates, listed in Exhibit A, attached hereto and herein incorporated by this reference (as may be amended or supplemented from time to time in accordance with the Master Agreement) for so long as such Affiliates remain Affiliates of City of Clearwater during the Term of this Product Supplement (collectively referred to herein as the "Licensee") and ISO Services, Inc. on behalf of itself and its Affiliates (collectively referred to herein as "ISO"). ISO and Licensee agree that this Product Supplement replaces and supersedes all prior or contemporaneous agreements, representations, understandings, or communications between ISO and Licensee covering the same subject matter as this Product Supplement. 1. DEFINITIONS: For purposes of this Product Supplement, the following terms shall have the meanings set forth below. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Master Agreement. A. "Affiliates" shall mean a legal entity that controls, is controlled by, or is under common control with, an entity, where "control" (including the terms "controlled by" and "under common control with") means having ownership of 50% or more of an entity or the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise. B. "Authorized Use" shall mean, unless otherwise indicated by the specific Product licensed herein, use exclusively for claims processing, investigation, and fraud detection and prevention on behalf of itself, if Licensee is an insurer or a self-insured entity managing its own claims ("Insurer") or if Licensee is a third party administrator, on behalf of an insurer to whom the Licensee is providing services in each case subject to the Master Agreement and this Product Supplement. C. "Authorized User(s)" shall mean certain designated employees, officers and directors of Licensee granted access to ISO ClaimSearch and receipt or use of ISO ClaimSearch Information by the Licensee. Authorized Users shall be limited to those employees, officers and directors of Licensee, designated by Licensee, in each case who are directly involved in the Licensee's processing, investigation and payment of claims and who have a need to access the Product, or receive or use the information and data therein, in connection with Licensee's claims processing and investigation. D. "ClaimSearch Information" shall mean any and all information submitted to, received through, obtained from or derived from the ISO ClaimSearch Databases and maintained within the ISO ClaimSearch Databases (herein defined below), including but not necessarily limited to, loss history information concerning claims contained in the ISO ClaimSearch Databases, claims reports and digital media. ISO ClaimSearch Information shall also include any and all information contained in, received through, obtained from, or derived from the Products, regardless of form, including but not limited to, claims reports, match reports, text and digital media and any ISO -supplied documentation. E. "ISO ClaimSearch Database" or "ISO ClaimSearch Databases" shall mean the various databases identified in this Product Supplement. F. "Licensee Information" shall mean any and all information submitted, reported or provided to ISO by Licensee or on behalf of Licensee as further described in this Product Supplement or in its use of 150 products, including, but not limited to, claims information, digital media, Policy Files (defined below in Section 2.C), and the data identified in Exhibit B, attached hereto and incorporated herein by this reference and information in historical feeds. G. "Product" or "Products" shall consist of all the products, services and solutions set forth below in Section 2, and the data and information contained in, received through, obtained from, or derived from such products, services and solutions. Products include the (i) ISO ClaimSearch° Contributory Database Membership; (ii) the electronic provision to Licensee of loss claims history information from various ISO ClaimSearch° Databases concerning claims and the property subject to the claim as Ed: 06/2021 Page 1 of 37 ik G 101118. WIWI AVM VII atom Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS further described in this Product Supplement; and (iii) access to various solutions and services concerning the claim, as further described in this Product Supplement. For purposes of this Product Supplement, Product(s) includes ClaimSearch Information. H. "Product Supplement" shall mean this product supplement and all Annexes, Schedules and Exhibits attached hereto or referenced herein, in each case as may be amended, varied or supplemented from time to time in accordance with the Master Agreement. I. "Territory" shall mean the states, commonwealths, jurisdictions or territories of the United States, including the District of Columbia, Guam, Puerto Rico and the US Virgin Islands. 2. PRODUCTS PROVIDED UNDER THIS PRODUCT SUPPLEMENT: A. ISO ClaimSearch® Contributory Database Membership Membership consists of access to the ISO ClaimSearch Databases set forth below and the electronic provision to Licensee of loss claims history information from the ISO ClaimSearch Databases. Membership also includes access to various services concerning the claim including (i) the Claims Reporting and Search Function, (ii) the Claims Inquiry (Investigations Query) Function, and (iii) reporting on behalf of Licensee to state insurance fraud bureaus, state fire marshals, state child support enforcement agencies (which include Child Support Lien Network (CSLN) program and Office of Child Support Enforcement program), or other agencies to assist Licensee with compliance with Licensee's statutory or regulatory claims reporting requirements. 1.) ISO CLAIMSEARCH® DATABASE ACCESS — Auto Claims Information, Property Claims Information and Casualty Claims Information Under this Product Supplement, Licensee is provided access to the Automobile, Property and Casualty Claims databases and the ability to submit Licensee Information in accordance with Section 4 of this Product Supplement to such databases. Submission of information related to other lines of business, including but not limited to, information related to Life, Disability, Pet, Long Term Care, Dental, Travel, Home or Auto Warranty, would be subject to a separate agreement between Licensee and ISO or an amendment to this Product Supplement and additional fees. Where noted, the access provided under this Section 2.A.1 includes access to the expert business rules version of ClaimDirectorsM which delivers a claim score and information regarding the basis of the score to facilitate the identification of meritorious and questionable claims. Licensee agrees that if its right to access the ISO ClaimSearch Databases terminates Licensee's right to access the other Products provided under this Product Supplement shall also terminate. a.) AUTOMOBILE CLAIMS INFORMATION This ISO ClaimSearch Database includes access to Insurer automobile claims database files, including auto physical damage, auto property damage liability, vehicle theft (including insurance company recoveries), vehicle salvage, VlNassistTM, and vehicle claims system (VCS) records. The access provided hereunder includes access to the expert business rules version of ClaimDirectorSM. NOTE: Access to Law Enforcement and Manufacturers Data ("LEMD") must be authorized by the National Insurance Crime Bureau ("NICB") and may be arranged through the NICB for a fee. If Licensee is so authorized, ISO will include access to the vehicle -related, third -party data in this segment. The LEMD data includes: NCIC vehicle recoveries, law enforcement (vehicle thefts - theft indicator only) data: vehicle impounds; vehicle exports; and vehicle manufacturers (shipping and assembly, paperless MCO) files. b.) PROPERTY CLAIMS INFORMATION Ed: 06/2021 Page 2 of 37 aNIIMI /Ma INF /MN IL V mom mow Verisk CONFIDENTIAL Product Supplement -CLAIM ESSENTIALS This ISO ClaimSearch Database includes access to: first party loss claims reported to ISO and includes property claims resulting from all perils. The access provided hereunder includes ClaimDirectorSM (expert based rules version) scores for homeowner claims. c.) CASUALTY CLAIMS INFORMATION This ISO ClaimSearch Database includes access to: claims records reported to ISO under all casualty lines including but not limited to: workers' compensation, general liability, auto bodily injury liability, medical payments, homeowners and farmowners liability, E&O and D&O, disability and marine. The access provided hereunder includes access to ClaimDirectors"' (expert based rules version) scores for workers' compensation, and personal and commercial auto liability claims. 2.) CLAIMS REPORTING AND SEARCH FUNCTION This function consists of the electronic access to the loss history information concerning claims contained in the ISO ClaimSearch Database identified above provided in response to the submission of claims. System authentication and submission of Licensee Information, as further set forth in Section 4 below, is required for access. The following limitations apply to the use of this function: a.) Licensee shall designate a limited number of its Authorized Users who are directly involved in the Licensee's Authorized Use to access and use the ISO ClaimSearch Databases and to be the only persons to receive or use ClaimSearch Information on behalf of Licensee. Licensee will notify ISO immediately of any change in such designations. Licensee represents and warrants that it and its Authorized Users shall use the ISO ClaimSearch Databases and ClaimSearch Information solely for the Authorized Use and for no other purpose. b.) Licensee shall be responsible for ensuring only Authorized Users access the ISO ClaimSearch Databases and receive and use ClaimSearch Information and that those Authorized Users receive or use the ClaimSearch Information solely for the Authorized Use and only for processing active claims. c.) No information received from or through the ISO ClaimSearch Databases (including any extracts, summaries and derivatives thereof) shall be provided, in whole or in part, to any employees not authorized to access the information or to any third party, without ISO's express written consent, other than the insurance company which has provided the initial claim information to ISO. 3.) CLAIMS INQUIRY (INVESTIGATIONS QUERY) FUNCTION This function consists of electronic inquiry access to the loss history information for the investigation of claims. System authentication and submission of Licensee Information, as further set forth in Section 4 below, is required for access. The following limitations apply to the use of Claims Inquiry: a.) Use of this function is limited to Authorized Users of Licensee whose primary responsibility is the investigation and disposition of potentially fraudulent claims. Each Authorized User must be specifically designated to use Claims Inquiry by an authorized representative of Licensee. Licensee will notify ISO immediately of any changes in its Authorized Users. b.) Searches shall only be conducted in connection with the investigation of an existing claim and where an initial claim report has been filed in the ISO ClaimSearch Databases. Additionally, for searches involving doctors, attorneys or other parties to the loss, Licensee must have a reasonable basis to believe that such search may provide relevant information in connection with a claim under investigation. Ed: 06/2021 Page 3 of 37 iagi▪ ar offNOW Ian W I /ISM AlIONW Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS c.) ClaimSearch Information obtained from the ISO ClaimSearch Databases on an individual may only be used in connection with the investigation of suspicious or fraudulent claims and such information may only be disclosed to (a) persons who are involved in the investigation or resolution of the claim, or (b) law enforcement officials, in the event that the matter has been turned over to the law enforcement authorities. d.) No search of the ISO ClaimSearch Databases may be conducted on behalf or, or at the request of, any government official other than those specifically involved in a joint investigation. e.) The purpose of this function and its ISO ClaimSearch Databases is to provide information that will be used to evaluate active claims and to detect and deter insurance fraud. Searches for any other purpose are strictly prohibited. f.) No third party, including but not limited to, contract SIU organizations, care of offices, third party administrators, and business process offices nor any persons other than the Licensee's Authorized Users may conduct searches on behalf of Licensee without ISO express prior written approval and without such other third party or person themselves being licensed by ISO to use the Product solely to provide a product or service to Licensee. 4.) COMPLIANCE SOLUTIONS Licensee authorizes ISO to report on behalf of Licensee relevant data and information to state insurance fraud bureaus, state fire marshals, state child support enforcement agencies (which include Child Support Lien Network (CSLN) program and Office of Child Support Enforcement (OCSE) program), or other agencies to assist Licensee with compliance with Licensee's statutory or regulatory claims reporting requirements, including reporting to the National Motor Vehicle Title Information System (NMVTIS) on behalf of auto segment participants to assist with salvage/total loss vehicle reporting requirements. Licensee agrees to sign any authorization forms required, including those in Exhibit E, which Exhibit and the included forms shall be attached hereto and incorporated herein by this reference. a.) SOLUTIONS (1.) CHILD SUPPORT ENFORCEMENT AGENCY (CSEA) PROGRAM This service consists of a search of the Child Support Lien Network (CSLN) Database of delinquent obligors, and the notification of the appropriate child support enforcement agency, upon the submission of a casualty claim to the ISO ClaimSearch Database. Participation in the ISO Child Support Enforcement Agency program will satisfy requirements under individual state and federal PRWORA legislation. (a.) Licensee authorizes ISO to provide a search of the CSLN & OCSE databases to identify claims submitted by delinquent child support obligors, in compliance with requirements in several states. Licensee may at any time opt out of participation or chose to opt of specific state participation on an individual or multi -state basis. By default Licensee's participation will include automatic participation in all states that enter the CSLN and OCSE. (b.) The Child Support Enforcement Agency Program (CSEA) through ISO ClaimSearch is provided to participants to facilitate the notification of the appropriate agency of a claim filed by a delinquent obligor only. Any subsequent activity; notification of the Ed: 06/2021 Page 4 of 37 MOW Ann la" IMMO Verisk. CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS participant, filing of liens, distribution of funds, or other assignment of settlement proceeds, etc., is the responsibility of the Child Support Enforcement Agency, and Licensee. (2.) OFAC COMPLIANCE VERIFIER SERVICES This service matches claim submissions by Licensee against data provided by various third parties which contains the names of specially designated persons or entities to which special monetary conditions and restrictions may apply. Service: ® Standard ❑ Premium ❑ Enterprise Includes Affiliates? ❑ Yes ® No (3.) 150 CLAIMSEARCH® MEDICAID REPORTING SERVICE (a.) This service consists of a search of the Rhode Island Executive Office of Health and Human Services ("EOHHS") Medicaid Assistance Intercept System (MAIS) Database of Medicaid recipients ("MAIS Database") for those states that are enrolled in the MAIS program upon the submission of a casualty claim to the ISO ClaimSearch® database. This service provides an automated search of the MAIS Database based on information provided by Licensee pertaining to bodily injury claims in order to identify claimants as Medicaid recipients (as further set forth above). Licensee may opt to participate on an individual or multi -state basis, or by participation in all states enrolled in the MAIS program, which will include automatic participation in states that enter the MAIS program during the calendar year. (b.) Access to MAIS Database through ISO ClaimSearch® is provided to participants only to facilitate the notification of the appropriate State Medicaid agency of a claim filed by a Medicaid Recipient and for no other purpose or function. Licensee warrants that it and its Authorized Users shall use the service exclusively to facilitate the notification of the appropriate State Medicaid agency of a claim filed by a Medicaid Recipient and for no other purpose. Any subsequent activity, including notification of the participant, filing of liens, distribution of funds, or other assignment of settlement proceeds, etc., is the responsibility of the Medicaid Assistance Intercept System and Licensee. (c.) ISO shall employ reasonable measures to conduct a search of the MAIS Database in accordance with the agreement between ISO and EOHHS affording access to the MAIS Database based on information reported to ISO ClaimSearch by Licensee with respect persons having filed bodily injury claims with Licensee under workers compensation and liability policies of Licensee, to match and report Medicaid Recipients to the EOHHS MAIS Database, which may report the claims to the appropriate, participating state agency. (d.) Licensee warrants that (i) it has and shall maintain for the duration of the Term of this Product Supplement, its participation in the Casualty layer of ISO ClaimSearch and (ii) it and its Authorized Users shall use this service exclusively for the investigation of insurance claims of Licensee. Ed: 06/2021 Page 5 of 37 Tr- Verisk CONFIDENTIAL Product Supplement -CLAIM ESSENTIALS (4.) LIABILITY BODILY INJURY AND DEATH CLAIMS REPORTING: Connecticut General Statues § 38a - 318a (CT DAS) This service assists insurers in satisfying the requirement in Connecticut for all insurers to notify the Department of Administrative Services (DAS) when a liability claim that may result in a monetary award is filed by a resident of the state. ISO ClaimSearch provides the Connecticut personal injury and workers' compensation claims it receives to the DAS on behalf of participants. Licensee authorizes ISO to report on behalf of the Licensee, liability bodily injury and death claims, filed by residents of Connecticut to the Connecticut Commissioner of Administrative Service. b.) ADDITIONAL TERMS APPLICABLE TO THE PRODUCTS PROVIDED UNDER THIS SECTION 2.A.4: (1.) Licensee hereby acknowledges that the data and information under this Section 2.A.4 is provided by various third party providers and that these third -party providers are third - party beneficiaries to this Product Supplement. (2.) Licensee warrants that (i) it has and shall maintain for the duration of the Term of this Product Supplement, its participation in the Casualty layer of ISO ClaimSearch and (ii) it and its Authorized Users shall use solutions set forth in this Section 2.A.4 exclusively for the investigation of claims of Licensee. (3.) Licensee acknowledges and agrees that the Product and information in the Product obtained from third -party providers and any third -party data provider to them (for purposes of this Section 2.A.4, indemnification, warranties and limitations on liability the third -party data providers and their data providers are hereby collectively referred to as third -party providers and together with ISO, the "Service Providers"), may not be thorough or accurate, and that Licensee shall not rely on the Service Providers for the accuracy or completeness of information supplied. Licensee agrees that the Services Providers assume no responsibility for the accuracy of the information, errors that occur in the conversation of data or for Licensee's use of the information. Licensee warrants to the Service Providers that Licensee proceeds at its own risk in choosing to rely upon the Product, in whole or in part, and that it accepts all information "AS IS". THE PRODUCTS AND ANY DATA AND INFORMATION CONTAINED THEREIN OR DERIVED THEREFROM ARE WHOLLY ADVISORY IN NATURE AND ARE PROVIDED ON AN AS IS BASIS ONLY. THE SERVICE PROVIDERS DO NOT WARRANT THE COMPLETENESS, ACCURACY, CURRENCY OR PREDICTIVE VALUE OF ANY OF THE PRODUCTS OR ANY OF THE DATA OR INFORMATION THEREIN. THE SERVICE PROVIDERS SHALL HAVE NO LIABILITY FOR CONCLUSIONS, JUDGMENTS OR DECISIONS THAT MAY BE REACHED BY THE LICENSEE. OTHER THAN THOSE REPRESENTATIONS,COVENANTS OR WARRANTIES SPECIFICALLY SET FORTH HEREIN, THE SERVICE PROVIDERS MAKE NO REPRESENTATIONS, COVENANTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF CONDITION, QUALITY, DURABILITY, SUITABILITY, CORRECTNESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IN RESPECT OF ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. The Service Providers shall not be liable to Licensee for any Toss or injury arising out of or caused in whole or in part by ISO's or Service Providers' acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Product. If, notwithstanding the foregoing, liability can be imposed on a third -party provider, then Licensee agrees that the aggregate liability for any and all losses or injuries arising out of Ed: 06/2021 Page 6 of 37 An' inlV` mitiNII Alma INV IMm Ikamogor Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS any act or omission of a third -party provider or ISO in connection with any Product or deliverable furnished under this Agreement, regardless of the cause of the loss or injury shall never exceed $100.00, and Licensee agrees that it will not seek punitive damages in any suit against either a third -party provider or ISO. All Service Providers hereby disclaim any warranty, express or implied with respect to the Products provided hereunder. In no event shall any Service Provider be liable for any direct, incidental or consequential damages, however arising, incurred as a result of by Licensee's receipt or use of information delivered hereunder, or the unavailability thereof. (4.) Licensee warrants that (i) it has and shall maintain for the duration of the Term of this Product Supplement, its participation in the Casualty layer of the ISO ClaimSearch Databases and (ii) it and its Authorized Users shall use the compliance solutions set forth in this Section 2.A.4 exclusively for the investigation of insurance claims of Licensee. B. DECISION NET° 1.) PRODUCTS a.) PUBLIC RECORDS INFORMATION ACCESS This Product provides access to public record information from third -party providers. Public record information includes but is not limited to names, addresses, telephone numbers, driver information, bankruptcy information, civil judgments and weather reports. (1.) Licensee hereby acknowledges that third -party providers are third -party beneficiaries to this Product Supplement. With respect to the information supplied by third -party providers that require separate contracts Licensee hereby warrants that it has executed the contracts and is in compliance with their terms and conditions. Licensee warrants and represents that in accessing and using the public record data it is acting solely as a claims, subrogation or special investigation department and function of (i) the property - casualty insurance industry or (ii) the property -casualty Toss management department of a third -party administrator or self-insured entity. (2.) Licensee accepts all information "AS IS." Licensee acknowledges and agrees that the data is obtained from third -party sources, which may or may not be completely thorough and accurate, and that Licensee shall not rely on the third -party data provider or ISO for the accuracy or completeness of information supplied. (3.) Licensee warrants to the data providers and ISO that Licensee proceeds at its own risk in choosing to rely upon public records information in whole or in part. Licensee agrees that the data providers assume no responsibility for the accuracy of the information, errors that occur in the conversion of data or for Licensee's use. (4.) Licensee acknowledges that the third -party data providers shall retain all right, title, and interest in and to the data and information provided by the services under applicable contractual, copyright, and related laws, and Licensee shall use such materials consistent with the third -party data providers' interests and notify ISO of any threatened or actual infringement of their rights. (5.) Licensee shall not use or retain copies of the product to build or to develop any electronically searchable information database in competition with ISO or third party -beneficiaries. (6.) Licensee warrants that it, its employees and Authorized Users of the ISO ClaimSearch Database shall use its public records services consistent with the privacy obligations and any other terms and provisions of the Gramm -Leach -Bliley Act (15 U.S.C. 6801 et seq.) ("GLB") or any similar state or local statute, rules and regulations, the Federal Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.) ("DPPA") and similar Ed: 06/2021 Page 7 of 37 asOMI MN. Verisk' CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS state and local statutes, rules and regulations, and such legislation and rules and regulations as may be enacted or adopted after the date of this Product Supplement, by any federal, state or local government body. In addition, Licensee shall not use any information received from the public records services for consumer credit purposes, consumer insurance underwriting, employment purposes, or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or similar state or local statute, rule, or regulation. Licensee shall abide by such legislation and rules and regulations as may be enacted or adopted after the date hereof. (7.) Licensee hereby agrees that upon reasonable notice and at a mutually agreeable time, ISO may periodically audit Licensee's books and records relevant to the use of this public records service in order to ensure compliance with the GLB and all other applicable laws. The third -party data providers shall also investigate all legitimate Information of abuse or misuse of their services. Violations discovered in any review will be subject to immediate action including, but not limited to, termination of Licensee's right to use the public records services, legal action, and/or referral to federal or state regulatory agencies. b.) POLICE REPORTS ACCESS This Product provides access to nationwide police Information including police, fire, coroners', and department of motor vehicles (DMV) Information from tens of thousands of agencies across the United States. c.) MOTOR VEHICLE INFORMATION (MVRs) This Product provides access to the driving records (MVRs) of individuals licensed to operate motor vehicles in the jurisdictions of the United States. (1.) Licensee hereby acknowledges that third -party providers are third -party beneficiaries to this Product Supplement. Licensee acknowledges that the third -party data providers shall retain all right, title, and interest in and to the data and information provided by the services under applicable contractual, copyright, and related laws, and Licensee shall use such materials consistent with the third -party data providers' interests and notify them of any threatened or actual infringement of their rights. (2.) Licensee hereby represents and warrants that it has executed the Insurance Claims Subscription Agreement with Insurance Information Exchange, a unit of ISO Claims Services, Inc. a wholly owned subsidiary of ISO ("iiX") and is in compliance with its terms and conditions. (3.) Licensee shall not use or retain copies of the product to build or to develop any electronically searchable information database in competition with ISO. (4.) Licensee hereby agrees that upon reasonable notice and at a mutually agreeable time, ISO may periodically audit Licensee's books and records relevant to the use of the information in order to ensure compliance with the terms of this Product Supplement and all applicable laws. The third -party data providers may investigate all legitimate Information of abuse or misuse of their Services. Violations discovered in any review will be subject to immediate action including, but not limited to, termination of Licensee's right to access or use the information, legal action, and/or referral to federal or state regulatory agencies. d.) DATA APPEND SERVICES: Social Security Number Append Service (APPEND -DS) This service will append to claims Information missing or omitted data, specifically; social security numbers consistent with the manner of claims delivery to ISO ClaimSearch. This service will append to claims Information missing or omitted data, specifically; social security numbers consistent with the manner of claims delivery to 150 ClaimSearch. The service provided under this Product Supplement is the standard service which appends data to all initial claims (property, casualty and auto). Additional or Ed: 06/2021 Page 8 of 37 Verisk� CONFIDENTIAL Product Supplement -CLAIM ESSENTIALS customized screening options will require additional fees and an amendment to this Product Supplement or a separate agreement with ISO. (1.) Licensee accepts all information "AS IS." Licensee acknowledges and agrees that the data is obtained from third -party sources, which may or may not be completely thorough and accurate, and that Licensee shall not rely on the third -party data provider or ISO for the accuracy or completeness of information supplied. (2.) Licensee agrees that Licensee shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purpose any information that Licensee receives from the services, other than as permitted under this Supplement. Licensee acknowledges that the third -party data providers shall retain all right, title, and interest in and to the data and information provided by the services under applicable contractual, copyright, and related laws, and Licensee shall use such materials consistent with the third - party data providers' interests and notify them of any threatened or actual infringement of their rights. (3.) Licensee warrants that it, its employees and Authorized Users of the Databases shall use its public records services consistent with the privacy obligations and any other terms and provisions of the Gramm -Leach -Bliley Act (15 U.S.C. 6801 et seq.) ("GLB") or any similar state or local statute, rules and regulations, the Federal Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.) ("DPPA") and similar state and local statutes, rules and regulations, and such legislation and rules and regulations as may be enacted or adopted after the date of this Product Supplement, by any federal, state or local government body. In addition, Licensee shall not use any information received from the public records services for consumer credit purposes, consumer insurance underwriting, employment purposes, or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or similar state or local statute, rule, or regulation. Licensee shall abide by such legislation and rules and regulations as may be enacted or adopted after the date hereof. (4.) Licensee hereby agrees that upon reasonable notice and at a mutually agreeable time, ISO may periodically audit Licensee's books and records relevant to the use of this public records Service in order to ensure compliance with the GLB and all other applicable laws. The third -party data providers shall also investigate all legitimate Information of abuse or misuse of the services. Violations discovered in any review will be subject to immediate action including, but not limited to, termination of Licensee's right to use the public records services, legal action, and/or referral to federal or state regulatory agencies. 2.) ADDITIONAL TERMS APPLICABLE TO THE PRODUCTS PROVIDED UNDER THIS SECTION 2.B: a.) Licensee hereby acknowledges that the data and information under this Section 2.B is provided by various third party providers and that these third -party providers are third -party beneficiaries to this Product Supplement. b.) Licensee acknowledges and agrees that the Product and information in the Product obtained from third -party providers and any third -party data provider to them (for purposes of Section 2.B, indemnification, warranties and limitations on liability the third -party data providers and their data providers are hereby collectively referred to as third -party providers and together with ISO, the "Service Providers"), may not be thorough or accurate, and that Licensee shall not rely on the Service Providers for the accuracy or completeness of information supplied. Licensee agrees that the Services Providers assume no responsibility for the accuracy of the information, errors that occur in the conversation of data or for Licensee's use of the information. Licensee warrants to the Service Providers that Licensee proceeds at its own risk in choosing to rely upon the Product, in whole or in part, and that it accepts all information "AS IS". THE PRODUCTS AND ANY DATA AND INFORMATION CONTAINED THEREIN OR DERVIED THEREFROM ARE WHOLELY ADVISORY IN NATURE AND ARE PROVIDED ON AN AS IS BASIS ONLY. THE SERVICE PROVIDERS DO NOT WARRANT THE COMPLETENESS, ACCURACY, CURRENCY OR PREDICTIVE VALUE OF ANY OF THE PRODUCTS OR ANY OF THE DATA OR INFORMATION THEREIN. THE SERVICE PROVIDERS SHALL HAVE NO LIABILITY FOR CONCLUSIONS, JUDGMENTS Ed: 06/2021 Page 9 of 37 Verisk“ CONFIDENTIAL Product Supplement -CLAIM ESSENTIALS OR DECISIONS THAT MAY BE REACHED BY THE LICENSEE. OTHER THAN THOSE REPRESENTATIONS,COVENANTS OR WARRANTIES SPECIFICALLY SET FORTH HEREIN, THE SERVICE PROVIDERS MAKE NO REPRESENTATIONS, COVENANTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF CONDITION, QUALITY, DURABILITY, SUITABILITY, CORRECTNESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IN RESPECT OF ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. The Service Providers shall not be liable to Licensee for any loss or injury arising out of or caused in whole or in part by ISO's or Service Providers' acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Product. If, notwithstanding the foregoing, liability can be imposed on a third -party provider, then Licensee agrees that the aggregate liability for any and all losses or injuries arising out of any act or omission of a third -party provider or ISO in connection with any Product or deliverable furnished under this Product Supplement, regardless of the cause of the loss or injury shall never exceed $100.00, and Licensee agrees that it will not seek punitive damages in any suit against either a third -party provider or ISO. All Service Providers hereby disclaim any warranty, express or implied with respect to the Products provided hereunder. In no event shall any Service Provider be liable for any direct, incidental or consequential damages, however arising, incurred as a result of by Licensee's receipt or use of information delivered hereunder, or the unavailability thereof. C. ISO CLAIMSEARCH` MOBILE RECORDER This Product is a mobile application that enables Licensee to record the audio from in-person interviews, securely store the audio file, and play or download the audio file through a link that may be displayed within a claim note in Licensee's claim management platform. This Product is compatible with the versions of iOS and Android operating systems current as of the date of this Product Supplement. This Product enables secure storage and transmission of audio files recorded by Licensee. The audio files shall be stored in an open source, standard file format (e.g., MP3). This Product also provides a service that transcribes the audio files that were captured by the product and without human interaction, transcribes audible English language contained within the audio files. This Product creates a readable transcript, which is delivered or otherwise made available to the Licensee in the Portable Document File (.PDF) format, which shall be text -searchable and indexable. 1) This Product licensed hereunder is copyrighted by ISO and other third -party providers as specified herein. ISO shall not be responsible for any claim that may arise out of the third -party providers' information included in this Product. Licensee agrees that if ISO is no longer authorized by a third party provider (s) to deliver the Product or the information contained therein, or if directed by a third party provider, ISO may immediately, without prior notification, terminate Licensee's access to this Product or the information contained in the Product. 2) The Product functionality and performance depend on the user's mobile device and the quality and clarity of the audio recordings. For optimal performance the Product requires audio files containing oral conversations between two persons. The amount of audio the Product may capture, the quality of such audio, and the speed at which such audio files are transmitted from Licensee's device to ISO all depend on the Licensee user's device and internet access, connection and availability. The Product only transcribes audio files in audible English language that are stored in the ISO cloud. No other audio files will be transcribed. Because the Product is so heavily dependent on the user's device from which the Product operates and the quality of the audio recordings, ISO shall not be liable for any Product malfunction, loss of audio, loss of data, inaccuracy, lack of completeness, reliability or other damages or harm that may arise out of the usage or performance of the Product. The Product often represent an integration point for information obtained from a vast array of sources which are not verified by ISO, and ISO does not guarantee accuracy or completeness. ISO does not conduct any quality assurance on the transcriptions generated from the Product and does not guarantee the accuracy, completeness or reliability of transcripts generated by the Product. Licensee's reliance on the content of the recordings and transcriptions from the Product is at Licensee's own risk. Ed: 06/2021 Page 10 of 37 erisic CONFIDENTIAL Product Supplement -CLAIM ESSENTIALS 3) LICENSEE AGREES THAT ITS USE OF THE PRODUCT AND RELIANCE, IN WHOLE OR IN PART, ON THE PRODUCT AND THE CONTENT OF THE RECORDINGS FROM THE PRODUCT AND PRODUCT -GENERATED TRANSCRIPTIONS IS SOLELY AT LICENSEE'S OWN RISK. LICENSEE AGREES THAT THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, ISO SHALL HAVE NO LIABILITY FOR CONCLUSIONS THAT MAY BE REACHED BY THE LICENSEE. OTHER THAN THOSE REPRESENTATIONS OR WARRANTIES SPECIFICALLY SET FORTH HEREIN, ISO MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR IN RESPECT OF ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ISO DOES NOT MAKE ANY WARRANTY THAT THE PRODUCT LICENSED HEREUNDER WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ISO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR TRANSCIRPTIONS OBTAINED THROUGH THE PRODUCT. ISO shall not be liable to Licensee for any loss or injury arising out of or caused in whole or in part by ISO's or Service Providers' acts or omissions, whether negligent or otherwise, in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Product. 4) 150 shall use commercially reasonable standards to securely store Licensee's audio files captured by the Product and Product -generated transcriptions. ISO shall enable Licensee to access such files via web browser. To continue enhancing and improving the Product, ISO may, at its discretion, use the audio files and any transcriptions for internal research and development purposes. Unless required by law or pursuant to a lawful request by a regulatory body or law enforcement, and except as permitted under this Product Supplement, ISO may not disseminate, share, publish, or otherwise disclose any information contained within Licensee's audio files or any Product -generated transcripts or content. 5) Licensee agrees and warrants that it shall require affirmative consent in writing, or at the beginning of the recorded conversation of all persons being recorded using the Product pursuant to applicable state and federal laws. Licensee's affirmative consent shall communicate: i) the person/s conversation is being recorded; and ii) the recording and audio files captured by the Product will be used, collected and shared by ISO and its third parties as necessary for the purposes stated under this Product Supplement. Licensee agrees and warrants that it and its Authorized Users shall use the Product solely to record in person conversations for claims administration, processing or investigation purposes, and Licensee's and its Authorized User's recording of such conversations shall be lawful and in conformance with all applicable state and federal law. Licensee is solely responsible for its own compliance, and the compliance of its Authorized User, with the restrictions or procedures required by an applicable law for recording conversations using the Product. 6) Licensee shall not use the Product for any purposes not expressly permitted under this Product Supplement. 7) Licensee shall indemnify ISO against any loss, damage, or expense (including reasonably incurred legal fees) suffered or incurred by ISO in a connection with a third -party claim, that arises out of: 1) Licensee's misuse of the Product; and/or ii) License's failure to comply with restrictions or procedures required by an applicable law in connection with Licensee's use of the Product. 8) ISO shall have no responsibility to review any transcription, recording or audio file content submitted by Licensee or any other licensees or person for compliance with law or otherwise, or exercise any degree of editorial control, and Licensee acknowledges that the Product is acting as a mere conduit. ISO may however remove, or suspend access to, any content at any time in ISO's sole discretion. Licensee shall not use the Product to record content that violates law or is abusive, threatening, or defamatory, or has the likely effect of causing offence or harm to any person/s. Ed: 06/2021 Page 11 of 37 s AWNED' AnaVIII ./ismG Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS 3. SCOPE OF USE OF THE PRODUCTS PROVIDED UNDER THIS PRODUCT SUPPLEMENT: A. Subject to and conditioned upon Licensee's continued compliance with all of the terms and conditions of the Master Agreement between the parties and this Product Supplement, ISO grants to Licensee a non-exclusive, non- transferable, non -assignable, non-sublicensable, limited revocable license to access and use, for the Term set forth herein solely within the Territory, the Products licensed hereunder, which are obtained either directly from ISO or from a third party licensed by ISO to distribute them to Licensee, solely for the Authorized Use. Licensee shall not use or access or use the Product, or any of the information and data therein, or any part thereof, from outside of the Territory without ISO's express prior written approval. 150 will provide to Licensee, for sole use by Licensee, the Products described herein and Licensee shall use each and all of the Products, and the information and data therein, solely for the Authorized Use, as may be further limited by a specific Product, and for no other purpose. Use of the Products, or any of the information and data therein, for any other purpose is strictly prohibited. B. Licensee represents and warrants that it, and its Authorized Users shall use the Product exclusively for the Authorized Use as further limited by the specific Product(s). C. Neither Licensee, nor its employees or Authorized Users shall use the Product for purposes of insurance underwriting (including ratemaking, risk classification, actuarial calculations, and identification of prospective Licensees or reclassification of Licensees), policy cancellation or renewal, establishing or stabilizing claims payment levels, granting of credit or for employment purposes, tenant screening purposes or for any other purpose(s) governed by the Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and all amendments thereto. D. Licensee agrees to restrict access to all Products, including any data and information therein, and receipt and use of ClaimSearch Information, to only Authorized Users involved in adjusting claims who are designated by Licensee to access and use the Products and shall ensure the Authorized Users use the Product(s), including information or data therein, solely on behalf of the Licensee and use only those features in the Product(s) necessary to fulfill the business need performed by such Authorized User. Licensee will notify ISO immediately of any change in such designations. Any and all users designated by Licensee as Authorized Users are subject to approval by 150. No data or information received through the Products (including any extracts, summaries and derivatives thereof) shall be provided, in whole or in part, to any employees not authorized to access the information or to any third party, other than the insurance company which has provided the initial claim information to ISO. Licensee shall be responsible for ensuring that designated Authorized Users access the Products and receive and use ClaimSearch Information. Licensee represents, warrants and covenants that it, and its Authorized Users, shall access and use the Product only for the Authorized Use, as further limited by the specific Product(s) and only for processing an active claim and where an initial claim report has been filed in the ISO ClaimSearch Databases. E. Neither Licensee, its Authorized Users, any other user of the Products, nor anyone acting by or through Licensee shall sell, sub -license, copy, reproduce, transmit, transfer, distribute, publish, disclose, display or otherwise make the Products available, in whole or in part, or any of the information or data (including any extracts, summaries and derivatives thereof) therein available, in whole or in part, to any other person or entity, including but not limited to, agents, representatives, advisors, consultants, service providers, subcontractors and anyone acting by or through Licensee ("Licensee Representatives") without the express prior written consent of ISO. Licensee shall be responsible for any unauthorized disclosure or use by any of its employees, Authorized Users or any other persons or entities who have access to or use of any Product or information or data therein on behalf of, through or at the direction of the Licensee. F. Access and use of the Product, and the information and data therein, are subject to the terms and conditions contained herein, in addition to the ISO ClaimSearch Privacy and Security Policies (including updates) (collectively referred to herein as "the Policies"). Licensee acknowledges the Policies may be modified, from time -to -time, by ISO in its sole discretion. Continued use of the Products by the Licensee following any amendment to the Policies and notice of same to Licensee shall constitute acceptance to the changes. Ed: 06/2021 Page 12 of 37 Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS G. In accordance with the Policies, ISO requires entities and organizations accessing the ISO ClaimSearch Databases and ClaimSearch Information to comply with credentialing procedures to access and maintain access to the Product. Therefore, ISO requires and Licensee agrees to (i) fully cooperate with ISO in connection with pre -access credentialing of Licensee prior to permitting Licensee to access the Product or access or obtain information from ISO under this Product Supplement; (ii) fully cooperate with ISO's continued monitoring of Licensee including the recertification of Licensee's credentials and usage patterns on a periodic basis to assure continued compliance with this Product Supplement and the Policies. Credentialing may include, but not be limited to, a verification of Licensee's type of business; conducting a physical inspection of Licensee's premises to validate the identity of the business and assure it is a legitimate business facility, including the confirmation that advertisements and posted signs are compatible with Licensee's purported business and purposes, as well as to validate the identity of the business and applicant associated with the business as well as appropriate security measures (e.g., password protected computer access, document shredder(s), restricted entry to physical location, cameras, etc.); verifying the financial status of Licensee; verifying Licensee's business references, business phone and address records and web pages through the use of recognized third parties. H. Licensee warrants that it, its employees and Authorized User's, and any other person or entities who have access to or use of the Product or any information or data therein on behalf of, through or at the direction of the Licensee, use shall comply in all respects with the Policies, including all updates to the policies made during the term of this Product Supplement that are provided to Licensee and Licensee shall be responsible for ensuring its employees and Authorized Users' and any other person or entities who have access to or use of the Product or any information or data therein on behalf of, through or at the direction of the Licensee, use complies in all respects with such policies (including updates). In the event Licensee or Licensee's employees or Authorized User's, or any other person or entities who have access to or use of the Product(s) or any information or data therein on behalf of, through or at the direction of the Licensee, fails to comply in any respect with the Policies, ISO may immediately suspend Licensee's, its employees and Authorized User's, and any other person or entities who have access to or use of the Product(s) or any information or data therein on behalf of, through or at the direction of the Licensee, access to the Product(s) and thereafter notify Licensee of same. ISO will give Licensee written notice of, and reasonable opportunity, determined in ISO's sole discretion, to cure, Licensee's alleged failure to satisfy said conditions prior to terminating access. J. Except as expressly set forth in this Product Supplement, no third party, including but not limited to, contract SIU organizations, care of offices, third party administrators, and business process offices nor any other persons other than the Licensee's Authorized Users may access or use the Products, or receive or use ClaimSearch Information, without ISO prior express written approval and without such other third party or person themselves being licensed by ISO to use the Product solely to provide a product or service to Licensee. 4. LICENSEE'S DATA REPORTING OBLIGATIONS UNDER THIS PRODUCT SUPPLEMENT: A. Using submission formats and methods prescribed by ISO, Licensee agrees to provide Licensee Information, including claims information for the ISO ClaimSearch Databases referenced in Section 2.A above and the data elements set forth in Exhibit B attached hereto and incorporated by reference herein. Licensee shall submit all Licensee Information in accordance with the timeframes required by ISO. To the extent Licensee separately reports or has previously reported the aforementioned information and data to ISO, Licensee authorizes ISO to access, retrieve and use such information and data from such sources for the purposes of this Product Supplement. For purposes of this Supplement, such separately or previously reported information and data shall be deemed Licensee Information. B. Licensee is required to provide Licensee Information containing claims data for the ISO ClaimSearch Databases referenced in Section 2.A to access and use the Products provided under this Product Supplement. Licensee is required and agrees to submit Licensee Information to ISO for all claims reported during the term of this Product Ed: 06/2021 Page 13 of 37 Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS Supplement on a transaction basis in mutually agreed-upon formats. In addition, if Licensee is an insurer, Licensee shall submit an initial report which includes a three to five-year master loss history file, the specific format of which will be agreed to by ISO and Licensee, within ninety days of the Effective Date of this Product Supplement. Licensee shall not access or use the Products unless it submits the Licensee Information required hereunder. C. Licensee shall retain adequate documentation of all Licensee Information submitted to ISO. Licensee agrees to conduct periodic audits of its input procedures to assure maximum accuracy of all Licensee Information. D. Licensee represents and warrants that all Licensee Information submitted to ISO pursuant to this Product Supplement shall be true and accurate to the best of its knowledge, information and belief and that reasonable commercial attempts have been made to ensure data quality. Licensee shall require its appropriate personnel to certify that any Licensee Information provided by them is true and accurate to the best of their knowledge, information and belief. E. In the event that ISO determines for any reason to audit, investigate or reinvestigate any Licensee Information, Licensee shall comply with any written auditing procedures provided to Licensee by ISO and shall cooperate fully in assessing the accuracy and completeness of such information. Full cooperation shall include, but not be limited to, an undertaking by Licensee to verify the accuracy of Licensee Information and to question its personnel. F. Licensee represents and warrants that (i) Licensee has legally obtained the Licensee Information and has complied with all applicable laws regarding the Licensee Information it submits to ISO; (ii) Licensee has the right to collect and provide the Licensee Information to ISO for the purposes set forth in this Product Supplement, and (ii) Licensee has the authority and or license to provide the Licensee Information to ISO and that the provision of the Licensee Information to ISO for the use provided in this Product Supplement does not violate any law, contract or rights or interests of any third party and does not infringe on any intellectual property rights or proprietary rights of any third party, including but not limited to patent, copyright, trademark or trade secret. G. Additional Terms and Conditions Applicable to Digital Media Reporting and Access: 1.) Licensee shall report or provide to ISO digital media in connection with an existing claim, including but not limited to: automobile physical damage photos, property damage photos and other Licensee authorized photos, in an agreed upon format, for ISO's use as provided in this Product Supplement. All digital media provided to ISO shall be considered "Licensee Information" and may be used as provided in this Product Supplement. To the extent Licensee, its Authorized Users, or any one on Licensee's behalf, separately reports or has previously reported or provided the aforementioned digital media, Licensee consents to and authorizes ISO to access, retrieve and use such digital media for the purposes of this Product Supplement. To the extent any third party has Licensee's digital media in its possession or control, Licensee consents to and authorizes such third party to disclose, provide, transfer or deliver to ISO such digital media and consents to and authorizes ISO to access, receive, retrieve and use such digital media from such third party sources for the purposes of this Product Supplement. For purposes of this Product Supplement, any separately or previously reported Licensee digital media and any digital media obtained from third party sources shall be deemed Licensee Information. 2.) Licensee shall ensure it, its Authorized Users, and any one acting by or through Licensee shall (i) capture and upload, or otherwise provide, digital media to ISO only in connection with an existing claim; (ii) not upload or otherwise provide digital media which display personally identifiable information (PII) or personal health information (PHI); and (iii) not upload or otherwise provide digital media which may be considered vulgar or offensive or in violation of any law or regulation. Licensee shall report digital media uploaded or provided to ISO in violation of any of the above to ClaimSearchCompliance@iso.com. 3.) Provided Licensee is in compliance with this Product Supplement and Licensee is actively contributing digital media to ISO ClaimSearch under this Product Supplement, Licensee shall be permitted to view digital media Ed: 06/2021 Page 14 of 37 wow aft miff imtm Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS contributed by other ClaimSearch subscribers. Licensee acknowledges and agrees if it ceases to or fails to provide digital media to ISO ClaimSearch, all rights to view or access digital media contributed by other ClaimSearch subscribers shall immediately terminate. 5. RIGHTS TO USE THE LICENSEE INFORMATION: A. Licensee hereby authorizes the use by ISO, its authorized third parties and each of the other ISO licensees of ISO's databases, of all Licensee Information reported or provided to ISO and authorizes and consents to ISO's use of and sharing of Licensee Information for the purposes set forth in this Section 5.a. Licensee grants to ISO a non-exclusive license to use the Licensee Information to: (i) provide the Products and services under this Product Supplement; (ii) incorporate the Licensee's Information into ISO's databases and products; (iii) share with third parties in support of ISO's databases, products and services (iv) disseminate the Licensee Information to other ISO licensees; (v) use the Licensee Information for new and enhanced features and improvements to the ISO databases and products; (vi) use Licensee Information to provide new and services, products, features, improvements and enhanced solution offerings for underwriting, claims, subrogation, insurance and financial transaction related uses and decision support solutions to benefit ISO's licensees, its policyholders and consumers; (vii) aggregate the Licensee Information with other data and information received and maintained by ISO and create and deliver industry benchmarks to ISO's licensees; (viii) use the Licensee Information for internal research and development purposes; and (vi) use and share Licensee Information with ISO's authorized third parties that have been vetted by ISO and are under written obligations of confidentiality, solely to support ISO for the purposes stated herein. The foregoing license and Licensee's data use authorization shall survive termination of this Product Supplement and the Master Agreement. ISO shall have no obligation to delete or return any Licensee Information. B. ISO and its authorized third parties shall consider such Licensee Information to be confidential and shall treat such information with the same degree of care that it uses to protect its own confidential information of a similar nature. 6. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE PRODUCTS PROVIDED UNDER THIS PRODUCT SUPPLEMENT: A. Licensee hereby requests the Products described herein and represents that this request is made by its authorized representative. Licensee represents and warrants it is in compliance with all terms of the Master Agreement between the parties. Licensee certifies, represents and warrants that it will comply with all federal, state, and local laws, statutes, regulations and rules applicable to it and its obligations under this Product Supplement. B. ISO hereby grants consent to Licensee to deliver this Products only to Licensee's Authorized Users who are necessary for the Authorized Use via local or wide area networks or intranets or extranets or similar electronic means, pursuant to all other terms, conditions and limitations of this Product Supplement. ISO may periodically audit Licensee's books and records relevant to the use of the Products to verify the number of Authorized Users that have access to the Products via any means. C. If, at any time during the Term of this Product Supplement, Licensee wishes to add an existing or new Affiliate, including addition due to Licensee's acquisition of insurance business(s) or merger of Licensee or its Affiliates with a third party, Licensee shall provide ISO with a written request for such Affiliate to become an authorized user under this Product Supplement, and in the event ISO agrees, in its sole discretion, to grant such request, such modification will be recognized by the parties in writing in an amendment to Exhibit A, attached hereto. Increased and/or additional fees related to the addition of an existing or new Affiliate of Licensee as an authorized user under this Product Supplement will be recognized by the parties in writing in an amendment to the fees section to this Product Supplement and Licensee shall be invoiced the newly calculated amount on a monthly basis in accordance with ISO's standard invoicing and billing procedures. Licensee shall make payment to ISO on the additional and/or increase license fees in accordance with the terms of the Master Agreement and this Product Supplement. Licensee is obligated to pay the fees in the Fees section of the Product Supplement, which shall be considered the minimum fees even in the event of divestiture of a Licensee business or Affiliate or otherwise a decrease in claim volume. Ed: 06/2021 Page 15 of 37 Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS D. ISO may periodically audit Licensee's books and records as required to verify compliance with this Product Supplement and the Policies. Licensee agrees to comply with the audit process contained in the Policies, including any and all updates to such policies during the Term of this Product Supplement. E. Licensee acknowledges and agrees neither Licensee, its employees, any Authorized User or other user of the products, nor anyone or anything acting by or through Licensee shall use or retain copies of the Products or any ClaimSearch Information to: 1) create a database; 2) create any derivative work product in a manner that does not directly and solely support the evaluation or investigation of an active claim; 3) create a database or product that competes with or can be used as an alternative to the Products, the ISO ClaimSearch Databases or in competition with ISO; or 4) populate, enhance or improve any Licensee database, software or system; 5) use any third party to create a database or create derivative work product in a manner that is prohibited in sections 1, 2, and 3 herein. F. Neither Licensee, its employees, nor its Authorized Users, nor any third party, nor anyone or anything acting by or through Licensee, shall warehouse ClaimSearch Information in whole or part, received from ISO. "Warehouse" shall mean the electronic accumulation and storage of any amounts of ClaimSearch Information for general decision support or business intelligence purposes or any other purposes other than processing an individual and active claim subject to the terms in this Product Supplement. Except as permitted hereunder, neither Licensee nor its employees or any Authorized User nor any third party, nor anyone or anything acting by or through Licensee„ shall (1) disassemble, decompile, manipulate, aggregate or reverse engineer the product or the other information obtained from the product and shall not permit any third party to disassemble, decompile, manipulate, aggregate, or reverse engineer the product or (ii) sell, license, publish, publish, display, copy, distribute, or otherwise make available the information obtained from this product in any form or by any means. G. The Products and the ClaimSearch Information licensed hereunder are copyrighted by ISO and other third -party providers as specified herein. ISO shall not be responsible for any claim that may arise out of the third -party providers' information included in the Products. Licensee agrees that if ISO is no longer authorized by a third party provider (s) to deliver the Products or the information contained therein, or if directed by a third party provider, ISO may immediately, without prior notification, terminate Licensee's access to the Products or the data or information contained in the Products, or any portion thereof. H. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER ISO NOR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AGENTS, PARTICIPANTS OR THIRD -PARTY PROVIDERS SHALL BE LIABLE TO LICENSEE, NOR TO ANYONE ELSE, FOR ANY LOSS OR DAMAGE OF ANY KIND OR HOWEVER CAUSED, OR WHETHER RESULTING FROM TORT (INCLUDING NEGLIGENCE), INDEMNIFICATON OR OTHER FORM OF ACTION OR THEORY OF LIABILITY, EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBLITIY OF SUCH DAMAGES OR LIABLITY. IN NO EVENT SHALL ISO OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTICIPANTS, OR THIRD -PARTY PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND EVEN IF ISO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 6.H, ISO'S TOTAL AGGREGATE LIABILITY UNDER, ARISING FROM, OR RELATED TO THIS AGREEMENT OR ANY OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO, IN THE EVENT THAT ANY OF THE LIMITATIONS ON OR DISCLAIMERS OF REPRESENTATIONS, WARRANTIES OR COVENANTS SET FORTH IN THIS AGREEMENT ARE UNENFORCEABLE OR IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT 150 IS LIABLE TO LICENSEE UNDER THIS AGREEMENT, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (I) $1,000.00 (ONE THOUSAND DOLLARS) OR (11) THE AMOUNT LICENSEE PAID TO VERISK TO ACCESS THE PRODUCT(S) WHICH IS THE SUBJECT OF THE LIABILITY DURING THE TWELEVE MONTH PERIOD PRECEDING THE RESPECTIVE EVENT(S) GIVING RISE TO SUCH LIABILITY OR OBLIGATION. IN THE EVENT APPLICABLE LAW REQUIRES LIABILITY OBLIGATIONS DIFFERENT FROM THOSE STATED ABOVE, THE MINIMUM REQUIRED LIABILITY TERMS OF SUCH LAWS SHALL APPLY. LICENSEE ACKNOWLEDGES THAT ISO HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE DISCLAIMERS OF WARRANTY Ed: 06/2021 Page 16 of 37 Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT AND THAT THE SAME FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. The parties acknowledge and agree that ISO may utilize a third party cloud service provider ("Cloud Services") for the storage, access, transfer, processing of Licensee Information and all information related to the products and services provided under this Product Supplement. ISO shall use at a minimum, commercially reasonable industry standards available in connection with the performance of its obligations under this Product Supplement. ISO shall employ commercially reasonable standard security practices for the storage of any Licensee Information and provide and implement at a minimum, industry standard security procedures for the transfer, transmission, storage, or accessing of Licensee Information provided to ISO under this Product Supplement. J. Licensee acknowledges and agrees that neither Licensee, nor any of its Authorized Users, employees, analysts, agents, consultants or representative may utilize Robotic Process Automation ("RPA"), Artificial Intelligence ("Al") or any other similar automation tools, software, technology or processes (hereinafter collectively referred to as "Automation Processes") to access, interface with, or use the Products, ISO ClaimSearch Databases, or any ClaimSearch Information, without ISO's express prior written consent. ISO reserves the right to revoke the authorization to utilize any Automation Processes. Licensee shall be fully responsible for acts, services and functions performed by such Automation Tools to the same extent as if such acts, services and functions were performed by Licensee employees, and for purposes of this Product Supplement such acts, services and functions will be deemed work performed by Licensee. Licensee will remain fully liable for any and all use of such Automation Processes and shall indemnify and hold ISO harmless from and against any and all claims, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, and liabilities, arising out of, based upon or in connection with any use of the Automation Processes. K. To the extent ISO agrees to permit Licensee to utilize Automation Tools, Licensee shall: (i) employ industry best practice encryption techniques for information stored on, accessed on or transmitted to or from the Automation Tool (at a minimum Licensee's encryption processes for "data at rest" and "data in transit" shall comply with the NIST Special Publication 800-111 standards); (ii) provide for and implement at a minimum, industry standard, security procedures, which will be subject to ISO's audit and review, for all facilities (including equipment, software and network) used to transfer, transmit or access the Products, ISO ClaimSearch Databases or ClaimSearch Information; (iii) ensure Automation Tools operate strictly in accordance with the terms and conditions set forth in this Product Supplement, including but not limited to ensuring each and every Automation Tool is assigned a unique ID only to be used or known by that automation tool; and (iv) upon the earlier to occur, expiration or termination of this Product Supplement or ISO revoking its consent to use of the Automation Tools, immediately terminate the ability of the Automation Tools to access the Products, ISO ClaimSearch Databases and ClaimSearch Information. ISO's revocation of its consent to use the Automation Tools is effective immediately upon delivery of notice to Licensee. If Licensee believes a security breach occurs or if Licensee suspects that a security breach may have occurred Licensee shall immediately notify ISO. L. The parties herein agree that any breach of sections 3 (Scope of Use), 4 (Licensee's Reporting Obligations), 6 (Additional Terms and Conditions) or 7 (Access of the Products) shall constitute a material breach of this Product Supplement. In the event of a breach, ISO may, in its sole discretion, immediately suspend Licensee and its Authorized Users' access to the Products or any ClaimSearch Information upon notice. Licensee shall have (30) days from date of the notice to cure the breach prior to termination. The parties will work together in good faith to give Licensee an opportunity to cure the breach. If ISO is not satisfied with the cure within thirty (30) days from the date of the initial notice of breach, ISO may terminate this Product Supplement upon delivery of written notice without any further obligation to Licensee. M. The parties agree that, with respect to Personal Information of Licensee's Consumers, ISO is a Service Provider to Licensee. ISO shall not Sell the Personal Information of Licensee's Consumers that is received from Licensee under this Product Supplement. ISO shall not retain, use or disclose Licensee's Consumers' Personal Information for Ed: 06/2021 Page 17 of 37 NONNI aftmmforN16. AMOY Verisk CONFIDENTIAL Product Supplement -CLAIM ESSENTIALS purposes other than: (i) providing products and services to Licensee or activities to be performed by ISO on Licensee's behalf which may include, but is not limited to, sharing Personal Information with external parties in connection with such products, services or activities; (ii) the Business Purposes otherwise contemplated by such products, services, activities, or any other arrangement or agreement between Licensee and ISO, or (iii) as otherwise permitted by, or in accordance with, laws applicable to the Personal Information of Consumers, including but not limited to, with respect to such Consumers, the California Consumer Privacy Act of 2018, Cal. Civ. Code Sections 1798.100-1798.199 and implementing regulations issued by the California Attorney General's Office. ("CCPA"). ISO shall reasonably cooperate with and assist Licensee in meeting required Consumer rights obligations in accordance with the CCPA. All capitalized terms in this subsection n. not otherwise defined in this Product Supplement shall have the meanings as defined by the CCPA. N. ISO may issue one or more joint press releases upon the execution of this Product Supplement. Any such press releases shall be subject to the agreement of the parties as to timing, forum, audience and content. Notwithstanding the above, ISO may use Licensee's name and logo solely to indicate that Licensee is a participant and subscriber of the Products without prior written approval of each use. 0. The compliance reporting forms and data authorization forms set for in Exhibit E shall be attached hereto and incorporated herein by this reference. 7. ACCESS OF THE PRODUCTS PROVIDED UNDER THIS PRODUCT SUPPLEMENT: A. ACCESS: ISO hereby agrees to grant for the Product Supplement Term access and Licensee hereby accepts access to ISO's Single Sign -On authentication process for Licensee's access to the Products solely for the purposes set forth in the Supplement. As used herein, Single Sign On shall mean a session, user authentication process that permits a user to enter one authentic ID and complex password in order to access the Licensee's network and the Product simultaneously. B. Licensee agrees that effective with access through the Single Sign -On authentication process Licensee's existing access protocol to the Products, if any, will cease. Licensee shall be liable and indemnify ISO for all fees and all loss or damage caused by or resulting from the continued use of the Products via such existing access protocol. Licensee's Authorized Users shall only access the Products through use of the Single Sign -On solution. C. Licensee warrants and represents that it shall implement and maintain a written policy (a copy of such policy shall be provided to ISO upon request) which provides that: 1.) 2.) 3.) 4.) 5.) Each Authorized User's work station shall effectively "time out" on the work station if there is a period of inactivity (which period of inactivity counter shall not exceed thirty (30) minutes) and each work station should require the user to re -authenticate user's work station identification (ID) and password issued by Licensee to re -obtain access. Each Authorized User's password shall be comprised of a minimum of eight characters and must include a combination of a letter and a number. Each Authorized User's password shall be reset every ninety (90) days. Each Authorized User's ID issued by Licensee shall be unique and assigned to a single, authorized user. Each Authorized User shall not be permitted to share passwords to access the Licensee's network and the Products. D. Licensee's assigned Authorized User's IDs and passwords to access the Licensee's network and the Products must be kept confidential and shall not be distributed or divulged to anyone except the individual Authorized User to whom the ID and password has been assigned (provided that the ID and password may be accessible by Licensee's Information Technology Department solely to remediate any operating issues. Ed: 06/2021 Page 18 of 37 Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS E. Licensee is responsible for all charges as described in the Product Supplement as they relate to the use and activity charged to Licensee's Authorized Users. Licensee's Authorized User's access to the Products must be discontinued simultaneously: (i) for any Authorized Users, with the end of that Authorized User's employment with Licensee and/or change in job responsibilities for which access to the Products is no longer appropriate; and (ii) for any other user authorized by the Product Supplement, or otherwise authorized by ISO in writing, with the end of that user's relationship with Licensee. F. Licensee shall be liable and indemnify ISO for all fees and all loss or damage caused by or resulting from the continued use of the Products by terminated or unauthorized users via the identification and password assigned to access the licensee's network and the Products. Licensee agrees to immediately notify ISO if Licensee has knowledge of an unauthorized access to or use of the Products (a "Security Breach") or if the Licensee suspects that a Security Breach may have occurred. ISO may in its discretion with notice to Licensee revise or modify the Single -Sign -On method of access to the Products. G. In the event Licensee fails to satisfy any of the conditions specified in this Product Supplement, ISO may immediately temporarily suspend Licensee's Single Sign -On access to the Products and thereafter notify Licensee of same. ISO will give Licensee written notice of, and reasonable opportunity, determined in ISO's sole discretion, to cure, Licensee's alleged failure to satisfy said conditions prior to terminating access. 8. FEES DUE UNDER THIS PRODUCT SUPPLEMENT: Fee: Licensee shall pay to ISO within thirty (30) days of receipt of invoice the Fee set forth in Exhibit C, attached hereto and incorporated herein by this reference. No credits and/or refunds will be given. During the Term of this Product Supplement, Licensee may notify ISO of its desire to add additional ISO Products or services or enhanced or additional features to the Products licensed hereunder. Any such addition would be subject to a separate agreement between Licensee and ISO or an amendment to this Product Supplement and additional fees. 9. TERM OF THIS PRODUCT SUPPLEMENT: Product Supplement Term: November 1, 2021— October 31, 2024 A. This Product Supplement shall commence on November 1, 2021 and continue for thirty-six (36) months until October 31, 2025 unless earlier terminated by ISO as provided by the Master Agreement or Licensee as provided herein. B. Except for a material breach by ISO to this Product Supplement, Licensee may not terminate this Product Supplement or any portion thereof. 10. TERMINATION OF PRIOR PRODUCT SUPPLEMENTS: Licensee and ISO acknowledge and agree the Product Supplements set forth in Exhibit D attached hereto and incorporated herein by this reference shall terminate as of the Effective Date of this Product Supplement. Except as provided herein or modified hereby, all terms, covenants and conditions of the Master Agreement remain unchanged. To the extent any provision in this Product Supplement conflicts with any similar provision in the Master Agreement, the terms set forth on this Product Supplement shall control. This Product Supplement may be executed in separate counterparts, each such counterpart being deemed to be an original instrument, and all such counterparts shall together constitute the same agreement This Product Supplement is not valid against ISO unless and until executed by the appropriate ISO officer or authorized representative at the appropriate ISO home office. IN WITNESS WHEREOF, the parties hereto have caused this Product Supplement to be executed by their duly authorized representatives. Ed: 06/2021 Page 19 of 37 W IMWOO Verisk'- CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS Licensee: CITY OF CLEARWATER ISO: ISO SERVICES OFFICE, INC. On behalf of itself and its Affiliates Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: Ed: 06/2021 Page 20 of 37 Verisk'M CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS CITY OF CLEARWATER, FLORIDA Countersigned: Jon P. Jennings /.,, (6 (C ,t,,,,)6f City Manager ; [1\-- Approved k Approved as to form: Attest: 4414 Michael P. Fuino Senior Assistant City Attorney Rosemarie Call City Clerk Ed: 06/2021 Page 21 of 37 Verisk'c CONFIDENTIAL Product Supplement -CLAIM ESSENTIALS EXHIBIT A AFFILIATES 1. For purposes of the Product Supplement, the Licensee Affiliates set forth herein are included for licensing the Product specified hereunder. If there are no Affiliates listed, no entity other than the named Licensee shall access or use the Products. If at any time during the Term of this Product Supplement, and of the aforementioned entities ceases to be an Affiliate, Licensee must immediately notify ISO in writing and such entities license to access and use the Product shall immediately terminate. 2. For the avoidance of doubt, this Product Supplement does not license nor authorize access to the Products by the affiliates and subsidiaries listed below (the "Non -Covered Entities"), and the Fees do not include a license for the Non -Covered Entities to access or use the Products under the Product Supplement. In the event, at any time during the Term of the Product Supplement, Licensee wishes to add a Non -Covered Entity to be licensed to access and use the Products licensed in this Product Supplement, Licensee shall provide ISO with a written request as required by the Product Supplement, and in the event ISO agrees, in its sole discretion, to grant such request, the parties will amend the Product Supplement to reflect the added entities and any associated additional fees. Ed: 06/2021 Page 22 of 37 mg/NW /Ma Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS EXHIBIT B DATA ELEMENTS REQUIRED TO BE CONTRIBUTED TO ISO CLAIMSEARCH DATABASES Note: All other fields (if available/applicable) — must be reported throughout the life of the claim using the Replacement process, and/or reported at the time the claim is closed. The list below does not represent all fields available to be reported; there may be additional fields required for specialized lines of business or to satisfy mandatory compliance reporting. Additional resources are available on the ISO ClaimSearch website in My Learning Center. Field Name Line of Business Auto Property Casualty Claim Reporting Requirement Claim Level Information: Office Code X X X Within 48 hours of claim being filed with Licensee Company Received Date X X X Within 48 hours of claim being filed with Licensee Claim Number X X X Within 48 hours of claim being filed with Licensee Date of Loss X X X Within 48 hours of claim being filed with Licensee Time of Loss X X X Within 48 hours of claim being filed with Licensee Policy Number X X X Within 48 hours of claim being filed with Licensee Policy Type X X X Within 48 hours of claim being filed with Licensee Location of Loss: Address, City, State, Zip Code X X X Within 48 hours of claim being filed with Licensee Loss Description X X X Within 48 hours of claim being filed with Licensee Policy Inception Date X X X Within 48 hours of claim being filed with Licensee Policy Expiration Date X X X Within 48 hours of claim being filed with Licensee Policy Renewal Indicator (Y/N) X X X Police Report X X X Police/Fire Case Number X X X Single Vehicle Accident X Phantom Vehicle Accident X Was the Accident Witnessed? X Hit and Run Accident X CAT Indicator X X SIU Information: Company Name, Investigator's Name, Business Phone, Cell Phone X X X Claim Associated with Insurer Fraud Ring Investigation Indicator X X X Involved Party Information: Role X X X Within 48 hours of claim being filed with Licensee Business Name or Last Name/First Name/MiddleX Name X X Within 48 hours of claim being filed with Licensee Involved Party: Address, City, State, Zip Code X X X Within 48 hours of claim being filed with Licensee Date of Birth (DOB) X X X Social Security Number (SSN) X X X Tax ID Number (TIN) X X X Home/ Cell / Business Phone Numbers X X X Personal E -Mail Address X X X Drivers' License Number / State X X X AKA names / previous or alternate addresses/ mailing address X X X Gender X X X Ed: 06/2021 Page 23 of 37 IVeriskc CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS Field Name Line of Business Claim Reporting Requirement Auto Property Casualty Date of Death X X X VIN in which this person was an occupant X X Date Party Reported the Loss X X X Party Subject to SIU Investigation X X X Claim or part of claim for this party not paid after investigation X X X Party was subject to an enforcement action (criminal indictment, professional disciplinary action) X X X Claim for this party meets criteria for fraud bureau reporting X X X Identity Theft/Synthetic Identity Indicator X X X Coverage Information: Coverage Type X X X Within 48 hours of claim being filed with Licensee Loss Type X X X Within 48 hours of claim being filed with Licensee Claim Status (update to Closed or Closed without payment) X X X Minimal additional fields to be reported at the time claim is closed using the Replacement process Date Claim Closed X X X Minimal additional fields to be reported at the time claim is closed using the Replacement process Adjuster Name X X X Minimal additional fields to be reported at the time claim is closed using the Replacement process Adjuster Phone X X X Minimal additional fields to be reported at the time claim is closed using the Replacement process Adjuster E -Mail Address X X X Minimal additional fields to be reported at the time claim is closed using the Replacement process Service Provider Role X X X Service Provider: Business or Individual Name, Address, City, State, Zip Code X X X Service Provider: Business/Cell Phone X X X Service Provider: SSN / TIN X X X Paid/Settlement Amount X X X Minimal additional fields to be reported at the time claim is closed using the Replacement process Casualty Information: Alleged Injuries/Property Damage X Within 48 hours of claim being filed with Licensee Body Part X Employee Date of Hire (for WC claims) X Termination/Lay-Off Date (for WC claims) X Boat / Mobile Off -Road Equipment Information: PIN/HIN/VIN X Within 48 hours of claim being filed with Licensee Make X Within 48 hours of claim being filed with Licensee Model X Within 48 hours of claim being filed with Licensee Year X Within 48 hours of claim being filed with Licensee Theft Type (must be "Total Theft" for recovery process) X Owner Retained Salvage indicator X Date of Salvage X Salvage Buyer's Name (if owner did not retain possession) X Date of Recovery X Recovering Agency X Ed: 06/2021 Page 24 of 37 1161.1 Amor Ammar Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS Field Name Line of Business Auto Property Casualty Claim Reporting Requirement Condition of Recovered Vehicle X Vehicle Information: Vehicle Identification Number (VIN) X Within 48 hours of claim being filed with Licensee Make X Within 48 hours of claim being filed with Licensee Model X Year X Within 48 hours of claim being filed with Licensee License Plate Number / State X Vehicle Disposition (must be "Total Loss" for NMVTIS reporting) X Theft Type (must be "Total Theft" for recovery process) X Odometer X Owner Retained Salvage indicator X Date of Salvage X Salvage Buyer's Name (if owner did not retain possession) X Date of Recovery X State of Recovery X Recovering Police Agency X Condition of Recovered Vehicle X Property Information: Type of Property X Type of Property Lost/Stolen X Property Lost/Stolen: Scheduled Property Description X Property Theft Type X Theft Location X Ed: 06/2021 Page 25 of 37 rE2 VeriskM CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS EXHIBIT C FEE Claim Essentials Year 1 (November 1, 2021 — October 31, 2022) Year 2 (November 1, 2022 — October 31, 2023) Year 3 (November 1, 2023 — October 31, 2024) Overage: $56.00/claim; Invoiced monthly as applicable Up to 240 claim submissions Up to 240 claim submissions Up to 240 claim submissions DecisionNet Credit DecisionNet Credit is applicable only during the then current Term. No credit and/or refunds will be given if the Licensee's DecisionNet usage is below the credit. If Licensee's DecisionNet usage exceeds the credit during the Term all excess usage will be billed in the first month it occurs and then monthly thereafter. Licensee shall be invoiced monthly for each transaction recorded during the preceding month, in addition to any applicable service charges. The invoice will be based on the prices in effect for each search and report type at the time of billing and as may be modified from time to time upon ninety (90) day notice to Licensee. These amounts will be billed in addition to the Annual Subscription. $1,400.00 $1,400.00 $1,400.00 Annual Subscription Invoiced quarterly $11,500.00 $12,000.00 $12,500.00 Ed: 06/2021 Page 26 of 37 ailINW AIM 111171.1.43 Verisk� CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS EXHIBIT D PRODUCT SUPPLEMENTS TO BE TERMINATED ClaimSearch Product Supplement 04-20 edition — City of Clearwater — 01/14/2021 Ed: 06/2021 Page 27 of 37 Verisk° CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS EXHIBIT E COMPLIANCE AND DATA USE AUTHORIZATIONS Privacy and Security Policies AGREEMENT AND ACKNOWLEDGMENT OF RECEIPT Participating Organization We have received the ISO ClaimSearch° Privacy and Security Policies Statement (2019 edition). We have read the document, understand the contents, and agree to follow the requirements. We understand that failure to comply with the ISO Privacy and Security Policies could result in restriction or termination of ISO ClaimSearch participation. Participating Organization: City of Clearwater Address/City/State/ZIP: 100 S. Myrtle Avenue Clearwater, FL 33756 Executive Contact (print): Rick Osorio Executive Contact Signature: Title: Risk Manager Telephone: (727) 562-4655 E-mail: rick.osorio@MyClearwater.com Date: 10/27/2021 Ed: 06/2021 Page 28 of 37 AOMM Verisk� CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS Appendix to the ISO ClaimSearch® Product Supplement dated DATA ACCESS AUTHORIZATION FORM Participating Organization or Licensee Name: City of Clearwater, on behalf of itself and its affiliates Groups / Insurers: Address/City/State/ZIP: 100 S. Myrtle Avenue Clearwater, FL 33756 Participating Organization and/or Insurer named above hereby authorizes the use of all information reported to ISO ClaimSearch® and authorizes the use of all additional information provided by Participating Organization and/or Insurer as marked below (collectively referred to herein as "Licensee Information"), which includes any digital media, and authorizes and consents to Insurance Services Office, Inc. and its subsidiaries and affiliates' (collectively referred to herein as "ISO") and its authorized third parties copying of and use of and sharing of Licensee's Information for the following purposes: (1) provide the Products and services under the Participating Organization and/or Insurer's Product Supplement with ISO; (2) incorporate the Licensee Information into ISO's databases and products; (3) to disseminate Licensee Information to other ISO licensees that submit similar information to ISO; (4) use the Licensee Information for new and enhanced features and improvements to the ISO databases and products; (5) use the Licensee Information for new and enhanced products, features, improvements and enhanced solution offerings; (6) use for internal research and development purposes; and (7) use with its affiliates and authorized third parties that have been vetted by ISO and are bound by confidentiality obligations, to support ISO for the purposes stated herein. ISO and its authorized third parties shall consider such Licensee Information to be confidential and shall treat such information with the same degree of care that it uses to protect its own confidential information of a similar nature. ISO will not be required to return or destroy Licensee Information that has already been submitted to the ISO. ISO will continue to protect the Licensee Information as confidential information so long as such information remains in ISO's custody. Such information shall be protected in the same manner that all of ISO ClaimSearch confidential information is protected. Participating Organization or Insurer are to upload digital images in accordance to their own policies for determining the type of images are submitted for display and use. ISO reserves the right to remove, blur or obscure certain images that ISO deems not appropriate for our system. Participating Organization or Insurer's use of digital images from ISO databases are subject to the terms and conditions for the access to the ISO databases, and to the ISO Privacy & Security Policies, as updated. Participating Organization or Insurer named above hereby authorizes ISO to use, transfer, copy, process the Licensee information marked below for ISO's incorporation in the ISO databases and as permitted herein. Participating Organization or Insurer further authorizes ISO to work with their internal IT department and/or 3rd party vendor indicated below to accept said Licensee Information to use and incorporate such information in the ISO databases: ✓ Check all that are authorized: ® Automobile physical damage photos 3rd Party Vendor: Requested Data: All digital photos associated with a Participating Organization's automobile physical damage claims (including commercial), including their metadata. Ed: 06/2021 Page 29 of 37 VeriskM CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS ® Property damage photos 3rd Party Vendor: Requested Data: All digital photos associated with a Participating Organization's property and contents damage claims, including their metadata. The undersigned hereby authorizes Insurance Services Office Inc., and its affiliates and subsidiaries to use, transfer, process and incorporate the Licensee Information as stated above, and contact with the above 3rd Party vendor on the Participating Organization or Insurer's behalf to facilitate the ongoing exchange of the above data in a mutually agreeable secure format. Licensee Information will be transmitted and protected pursuant to ISO's Privacy and Security Policies. This form may be executed and transmitted by facsimile, electronic communication in portable document format (.pdf), or similar transmission by the Participating Organization or Insurer. In witness whereof, the Participating Organization or Insurer has executed this form on the date indicated below. Name of Participating Organization or Insurer: City of Clearwater Executive Contact (print): Rick Osorio Telephone: (727) 562-4655 Signature: E-mail: rick.osorio@MyClearwater.com Title: Risk Manager Date: 10/27/2021 Ed: 06/2021 Page 30 of 37 §Verisk CONFIDENTIA Product Supplement -CLAIM ESSENTIALS DATA USE AUTHORIZATION FORM SUBSCRIBER HEREBY CONSENTS TO THE COLLECTION, USE AND TRANSMISSION OF ITS COVERAGE VERIFIER*", A-PLUSTM AND CLAIMSEARCH® DATA IN THE I50 DATABASES FOR THE PURPOSES DESCRIBED IN THIS AGREEMENT. Description: ISO will extend subscriber information in the ISO ClaimSearch® database to include the provision of additional information to its subscribers ("Subscriber/s") by accessing Subscriber's data in Coverage VerifierTM and A-PIusTM to offer new solutions to benefit of ClaimSearch Subscribers. ISO will offer its Subscribers new products, features and functions from time to time. How It Works: ISO will provision a non-FCRA ("FCRA" means Fair Credit Reporting Act of 1970, 15 U.S.C. § 1681) copy of Subscriber's current data feed to Coverage Verifier*" and A-PIusTM to the ISO databases so that the data may be synchronized with ISO ClaimSearch® to provide new products and services for underwriting, claims, subrogation, insurance and financial transaction related uses and decision support solutions to benefit ISO's Subscribers, its policyholders and consumers. ISO will work with Subscriber to obtain a one-year historical data feed of data that was sent to Coverage VerifierTM and A-PIusT"' to seed the database. If Subscriber does not currently contribute to Coverage VerifierTM and/or A-PIusTM, ISO will make all reasonable arrangements to onboard Subscriber to these ISO databases. What Subscriber is Consenting To: By consenting, Subscriber is eligible to receive the Carrier Identified Notification TM. Subscriber authorizes the use of all information reported to Coverage VerifierTM and A-PIusTn' after the date of this consent and the information in the one year historical feed of data referenced above and all information reported to ISO ClaimSearch® for non-FCRA or FCRA uses (collectively referred to herein as "Subscriber Information"), and consents to Insurance Services Office, Inc. and its subsidiaries and affiliates' (collectively referred to herein as "ISO") use of and sharing of Subscriber's Information with ISO and its authorized third parties for the following purposes: 1) incorporate the Subscriber's Information into ISO's databases; (2) to disseminate the Subscriber Information to other ISO subscribers that contribute similar information; (3) use the Subscriber Information for new and enhanced features and improvements to the ISO databases; and (4) use the Subscriber Information to provide new products and services for underwriting, claims, subrogation, insurance and financial transaction related uses and decision support solutions to benefit ISO's Subscribers, its policyholders and consumers. ISO and its authorized third parties shall consider such Subscriber Information to be confidential and shall treat such information with the same degree of care that it uses to protect its own confidential information of a similar nature. ISO's databases may be supported by cloud services. Subscriber represents and warrants that (1) Subscriber has complied with all applicable laws regarding the data and information it contributes to Coverage Verifier, A -Plus and ClaimSearch, and has the right to collect and provide this data and information to ISO for the purposes stated herein; and (2) the collection and provision of this data and information to ISO for the purposes stated herein does not violate any law, regulation, contract or rights or interests of any third party. Except as expressly provided herein, the terms and conditions in effect between Subscriber and ISO for the Coverage Verifier*', A- PIusTM and ISO ClaimSearch® databases will govern the parties' obligations with regard to such databases. CARRIER IDENTIFIED NOTIFICATION."" ARE ADVISORY ONLY. ISO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE INFORMATION IN THE CARRIER IDENTIFIED NOTIFICATION WILL BE ACCURATE, ERROR FREE OR COMPLETE. ISO SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE CARRIER IDENTIFIED NOTIFICATION. ISO'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE CARRIER IDENTIFIED NOTIFICATION SHALL NOT EXCEED THE AMOUNT EQUAL TO THE SUBSCRIBER'S LAST ANNUAL SERVICE FEES FOR THE LICENSE OF ISO CLAIMSEARCH®. ISO may use Subscriber's name and logo solely to indicate that Subscriber is a participant in ISO's migration of Licensee's contributory data to ISO's new (non-FCRA) databases for ISO to provide new products and services for underwriting, claims, subrogation, insurance and financial transaction related uses and decision support solutions to benefit the ISO's Subscribers, its policyholders and consumers. Fees: There is no additional fee to contribute your data. The CARRIER IDENTIFIED NOTIFICATION TM service fee will be waived for all early adopters who execute and return this agreement. Ed: 06/2021 Page 31 of 37 i • isNEW /am Very CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS Select ONE option below: ® SUBSCRIBER CONSENTS TO AND SHALL GIVE A ONE TIME HISTORICAL FEED OF COVERAGE VERIFIERTM and A-PLUSTM DATA AND CONSENTS TO ISO'S USE OF SUBSCRIBER INFORMATION FOR THE PURPOSES SET FORTH HEREIN AND THE COPYING AND THE ROUTING OF THE SUBSCRIBER INFORMATION TO A NEW URL FOR SUCH PURPOSES. ❑ SUBSCRIBER DECLINES TO GIVE A ONE TIME HISTORICAL FEED OF COVERAGE VERIFIERTM and A-PLUSTM DATA, BUT CONSENTS TO ISO'S USE OF THE SUBSCRIBER INFORMATION FOR THE PURPOSES SET FORTH HEREIN AND THE COPYING AND THE ROUTING OF THE SUBSCRIBER INFORMATION TO A NEW URL FOR SUCH PURPOSES. This form may be executed and transmitted by fax, electronic signature or email (.pdf) or similar electronic transmission by the Subscriber. In witness whereof, the Subscriber has executed this form on the date indicated below. E -Signature: Name, Title & Date: Rick Osorio, Risk Manager 10/27/2021 Subscriber Company Name and Address: City of Clearwater, 100 S. Myrtle Avenue Clearwater, FL 33756 Ed: 06/2021 Page 32 of 37 Verisk� CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS DATA REPORTING AUTHORIZATION For the Child Support Lien Network (CSLN) Reporting Service. ® The organization named below will participate in the Child Support Lien Network (CSLN). ISO is authorized to perform searches on casualty claims reported to ISO ClaimSearch against the CSLN database for the following states: o Alabama o Arizona o Arkansas o California o Connecticut o Colorado o Delaware o Florida o Georgia o Hawaii o Illinois o Indiana o Iowa o Kansas o Kentucky o Louisiana o Maine o Michigan o Missouri o Nebraska o Nevada o New Jersey o New Mexico o North Dakota o Ohio o Pennsylvania o Rhode Island o Tennessee o Texas ❑ Texas Property* o Vermont o Virginia ❑ Washington o W. Virginia El The organization named below agrees to opt into all participating states that become available through the CSLN program. The organization will be automatically included in reporting to any state that will participate in the CSLN program. ❑ The organization named below does not wish to participate in the CSLN ReportingService. *By selecting "Texas Property" the organization named below wishes to have ISO ClaimSearch perform searches on property damage claims against the CSLN database as well as casualty claims for the state of Texas. This Authorization is not intended to limit or prohibit ISO ClaimSearch from reporting information unrelated to the CSLN in states where it is required by law. CSLN Contact Information: Contact Name: Rick Osorio Title: Risk Manager Company/Group: City of Clearwater Address: 100 S. Myrtle Avenue City/State/Zip: Clearwater, FL 33756 Email: rick.osorio@MyClearwater.com Telephone: (727) 562-4655 Signed: Date: 10/27/2021 Ed: 06/2021 Page 33 of 37 VeriskM CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS DATA REPORTING AUTHORIZATION For the Medicaid Assistance Intercept System MAIS Reporting Service MAIS Contact Information: Contact Name: Rick Osorio Title: Risk Manager Company/Group: City of Clearwater Address: 100 S. Myrtle Avenue City/State/Zip: Clearwater, FL 33756 Email: rick.osorio@MVClearwater.com Telephone: (727) 562-4655 • The organization named above agrees to opt into all participating states that become available through the MAIS program and the Medicaid Reporting Service. The organization wilt be automatically included in reporting to any state that will participate in the Medicaid Reporting Service. • The organization named above will participate in the ISO ClaimSearch Medicaid Reporting Service. ISO is authorized to perform searches on casualty claims reported to ISO ClaimSearch against the Medicaid Assistance Intercept System (MAIS) database ONLY in the state identified below: • Rhode Island • Texas ❑ The organization named above does not wish to participate in the Medicaid Reporting Service. This Authorization is not intended to limit or prohibit ClaimSearch from reporting information unrelated to the Medicaid Reporting Service in states where it is required by law. Print Name: Rick Osorio Date: 10/27/2021 Signature: Ed: 06/2021 Page 34 of 37 Verisk CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS DATA REPORTING AUTHORIZATION For the Federal Office of Child Support Enforcement Program (OCSE) Reporting Service. IN The organization named below will participate in the Office of Child Support Enforcement Program (OCSE). ISO is authorized to perform searches on casualty claims reported to ISO ClaimSearch against the OCSE database for the following states: ❑ Alabama 0 Guam ❑ Alaska 0 Hawaii ❑ Arizona 0 Idaho ❑ Arkansas 0 Illinois ❑ California 0 Indiana ❑ Colorado 0 Iowa ❑ Connecticut 0 Kentucky ❑ Delaware 0 Kansas ❑ District of Columbia 0 Louisiana ❑ Florida 0 Maine ❑ Georgia 0 Massachusetts ❑ Maryland ❑ Michigan ❑ Minnesota ❑ Mississippi ❑ Missouri ❑ Montana ❑ Nebraska ❑ Nevada ❑ New Hampshire ❑ New Jersey ❑ New Mexico ❑ New York ❑ North Carolina ❑ North Dakota ❑ Ohio ❑ Oklahoma ❑ Oregon ❑ Pennsylvania ❑ Puerto Rico ❑ Rhode Island ❑ South Carolina ❑ South Dakota ❑ Tennessee ❑ Texas ❑ Virginia ❑ Virgin Islands ❑ Washington ❑ West Virginia ❑ Wisconsin ❑ Texas Property* ❑ Utah ❑ Vermont ❑ Wyoming • The organization named below agrees to opt into all participating states that become available through the OCSE program. The organization will be automatically included in reporting to any state that will participate in the OCSE program. O The organization named below does not wish to participate in the OCSE Reporting Service. *By selecting "Texas Property" the organization named below wishes to have ISO ClaimSearch perform searches on property damage claims against the OCSE database as well as casualty claims for the state of Texas. This Authorization is not intended to limit or prohibit I50 ClaimSearch from reporting information unrelated to the OCSE in states where it is required by law. OCSE Contact Information: Contact Name: Rick Osorio Title: Risk Manager Company/Group: City of Clearwater Address: 100 S. Myrtle Avenue City/State/Zip: Clearwater, FL 33756 Email: rick.osorio@ MyClearwater.com Telephone: (727) 562-4655 Signed: Date: 10/27/2021 Ed: 06/2021 Page 35 of 37 NILMORIW Verisk' CONFIDENTIAL Product Supplement -CLAIM ESSENTIALS DATA ACCESS AUTHORIZATION Complete Parts 1-3, sign, and return. Participating Organization: City of Clearwater Address/City/State/ZIP: 100 S. Myrtle Avenue Clearwater, FL 33756 In the interest of complete data for law enforcement, state fraud bureau, and state fire marshal investigations, we encourage com- panies to allow law enforcement and state fire marshals access to their data. Each company, however, must make its own decision. 1. Law Enforcement Agency Access Access is for the purpose of investigating or prosecuting insurance -related crime and developing background information on persons of interest with regard to homeland security activity. This is to inform 150 of this Participating Organization's policy with regard to access to claims data it contributes to the claims database system(s). The organization named above chooses to: © allow access to its claims data by law enforcement agency personnel that meet the requirements established in the ISO Privacy and Security Policies. Access is limited to purposes established in the policies. ❑ prohibit access to its claims data by law enforcement agency personnel. 2. Online Access by State Fraud Bureaus © Allow access for all states. O Deny access to fraud bureaus in the states checked below: 3. Online Access by State Fire Marshals E l Allow access for all states. O Deny access to state fire marshals in the states checked below: Alabama Hawaii Michigan North Carolina Utah Alaska Idaho Minnesota North Dakota Vermont Arizona Illinois Mississippi Ohio Virginia Arkansas Indiana Missouri Oklahoma Washington California Iowa Montana Oregon West Virginia Colorado Kansas Nebraska Pennsylvania Wisconsin Connecticut Kentucky Nevada Rhode Island Wyoming Delaware Louisiana New Hampshire South Carolina District of Columbia Maine New Jersey South Dakota Florida Maryland New Mexico Tennessee Georgia Massachusetts New York Texas 3. Online Access by State Fire Marshals E l Allow access for all states. O Deny access to state fire marshals in the states checked below: Ed: 06/2021 Page 36 of 37 Alabama Hawaii Michigan North Carolina Utah Alaska Idaho Minnesota North Dakota Vermont Arizona Illinois Mississippi Ohio Virginia Arkansas Indiana Missouri Oklahoma Washington California Iowa Montana Oregon West Virginia Colorado Kansas Nebraska Pennsylvania Wisconsin Connecticut Kentucky Nevada Rhode Island Wyoming Delaware Louisiana New Hampshire South Carolina District of Columbia Maine New Jersey South Dakota Florida Maryland New Mexico Tennessee Georgia Massachusetts New York Texas Ed: 06/2021 Page 36 of 37 ossNIIII Alma Verisk�� CONFIDENTIAL Product Supplement —CLAIM ESSENTIALS This Authorization is subject to the terms and conditions of the participation agreement between ISO and the above-named Participating Organization and is not intended to limit or prohibit ISO from reporting information in states where there are statutory reporting requirements or as otherwise required by law. Executive Contact (print): Rick Osorio Telephone: (727) 562-4655 Executive Contact Signature: E-mail: rick.osorio@MyClearwater.com Title: Risk Manager Date: 10/27/2021 Ed: 06/2021 Page 37 of 37 iiX, An ISO Business Insurance Claims Subscription Agreement 1. Please provide all requested information below (PLEASE TYPE OR PRINT). 2. Agreement must be signed by an authorized agent or officer of the company. 3. Make copies for your files, sign, and return a copy to ISO Claims Services, Inc. A COPY OF ONE OF THE FOLLOWING MUST ACCOMPANY THIS AGREEMENT: A CURRENT AND VALID INSURANCE OR BUSINESS LICENSE, OR A COPY OF ONE OF THE FOLLOWING dated within the last 24 months: CURRENT STATE SALES AND USE TAX CERTIFICATE, OFFICIAL FEDERAL TAX DOCUMENTS - 940, 941, OR FEDERAL TAX RETURN (W-9 is not acceptable). PASSPORT (carriers only) A COMPANY NAME: City of Clearwater MAIN PHONE 727-562-4655 MAILING ADDRESS: 100 S. Myrtle Avenue Clearwater, FL 33756 MAIN FAX # 727-562-4659 MAILING ADDRESS CITY PHYSICAL ADDRESS (REQUIRED) CITY FEIN 59-6000289 STATE ZIP PRIMARY CONTACT: Rick Osorio STATE ZIP WEBSITE (URL) ADDRESS: Mydearwater.com PRIMARY EMAIL ADDRESS rick.osorio@MyClearwater.com Document attached (check one) _ 940 form _ Federal Tax Return_ Business License _ State Sales and Use Tax Certificate _ Other Business Document CALIFORNIA REQUESTER ID: _ include CALIFORNIA COMMERCIAL REQUESTER ACCOUNT APRROVAL from state with agreement (Required for Califomia MVRs) TYPE OF BUSINESS (check one) ❑ Insurance Agency ❑ Insurance Company AM Best # 'Other self -insurer C REASON FOR ORDERING SERVICES (check all that apply) fa Claims processing or investigation purposes (we are the end user) 0 My business orders reports for another reason (please explain): iiX USE ONLY DATE SOURCE SALES PERSON ACCOUNT ID PASSWORD ACCT TYPE DETAIL PG ACCESS FEE RATE CLASS SPONSOR ACCOUNT TO BILL NAME DIRECT BILL CODES VERIFIED Date: Initials: SET UP FEE TERMS OFAGREEMENT 0 On-site visit Initials: Created 6-1-15 Version C2015.1 Page 2 of 5 Insurance Claims Subscription Agreement — Terms and Conditions This Subscription Agreement ("the Agreement") for certain reports, records, products, and services (collectively, "Information Services") is entered into as of the date of execution below (the "Effective Date"), by and between ISO Claims Services, Inc., a Delaware corporation, through its Insurance Information Exchange unit ("iiX",) with offices at 1716 Briarcrest, Bryan, TX 77802, and City of Clearwater ,(Customer Name) a Florida (State) corporation/other entity with offices at 100 S. Myrtle Avenue Clearwater, FL 33756 (City, State). 1. SERVICES AND RATES. iiX agrees to provide Information Services that may include Motor Vehicle Reports ("MVRs"), Undisclosed Driver Information ("UDI"), and Undisclosed Driver and VIN report ("UDV"), and Scored Credit (a product of TransUnion) for Customer, under the terms and rates specified in this Agreement. For MVRS, iiX state record fees and processing schedules, see the MVR Turnaround Schedule attached to and made a part of this Agreement as Exhibit 1. ALL rates are subject to change at any time and become effective during the billing period following notification. The Information Services and other requests may be initiated and delivered by various client software packages as designated from time to time. 2. SOLE USE, OUTSOURCING, AND MVR RELEASE AUTHORIZATION. Customer warrants and agrees that any requests made for Information Services are for the sole and intemal use of Customer and are to be used only as a factor in insurance claims processing and investigation and fraud detection, prevention and investigation purposes only, unless otherwise restricted further by Specific State Forms (as defined below). Customer may deliver the Information Services to Customer's employees and authorized users solely as needed to perform functions consistent with this Agreement's purpose. All such individuals shall be subject to this Agreement's terms and conditions and all applicable laws and regulations. Except as provided in Section 2.1, no one acting by or through Customer may sell, transfer, distribute, publish, disclose, display or otherwise make the Information Services available, in whole or in part, or any of the information in them, to any other person or entity, without the express written consent of iiX. 2.1 Use of Outsourcing Customer warrants and agrees that to the extent it has entered into or may enter into an arrangement with a third party to provide services on Customer's behalf ("Outsourcer") to process Information Services, the arrangement shall be consistent with this Agreement and solely for the purpose and benefit of Customer. The Information Services may be provided to Outsourcer solely to enable it to assist Customer under this Agreement, provided that Customer, (1) if required by applicable federal or state regulatory frameworks, discloses to any affected consumer(s) that his/her information might be subject to outsourcing, including possible offshore access, and obtains the consumer's permission for such access, and (2) requires such Outsourcer, in writing, to confirm that it will (i) use the Information Services solely on behalf of or for the benefit of Customer, (ii) abide by all Agreement terms and conditions regarding nondisclosure and use of the Information Services, and (iii) be subject to any applicable laws and regulations, including but not limited to those governing privacy and the use of Personal information (defined below). A copy of the agreement between Customer and Outsourcer will be supplied to iiX upon iiX's request. 2.2 Offshore Access Prohibitions Customer acknowledges that certain state and/or iiX data providers may prohibit access to their information by offshore users. Customer agrees not to permit offshore access by any of its employees, authorized users, or Outsourcer in violation of any prohibition against offshore access to records, and agrees to be responsible for the use of the Information Services by its employees, authorized users, or Outsourcer in violation of this section. 2.3 MVR Authorization/Consent Customer further acknowledges that certain states may require it to obtain a written authorization/consent form executed by the individual whose MVR is sought before ordering the MVR. Where required, Customer warrants that it has obtained and shall retain for the applicable statutory or regulatory period a written authorization/consent form executed by the individual about whom the MVR request is being made. The authorization/consent form must contain at a minimum a statement that the individual authorizes Customer to obtain MVRs for claims processing or investigation and fraud investigation purposes. An Exemplar Claims Investigation Authorization form, ("Authorization Exemplar") is attached to this Agreement as Exhibit 3. Customer acknowledges and agrees that the Authorization Exemplar, including the states it lists, is included for demonstrative purposes only, that the list of states is subject to change at any time, and that the exemplar does not purport to provide a definitive a list of state requiring authorization/consent forms. Customer shall be responsible for complying with requirements of states mandating such authorization/consent forms. Failure of Customer to comply in all respects with the requirements of Section 2 is a material breach of this Agreement. In such event, iiX may immediately terminate this Agreement and the delivery of any Information Services, including MVRs, to Customer without notice or delay. 3. RESTRICTIONS. 3.1. Confidentiality The Customer acknowledges that in connection with this Agreement, it may receive Personal Information and nonpublic Personal Information from state agencies and service bureaus. Personal Information is information that identifies an individual and includes, but is not limited to: (a) first and last name or first initial and last name; (b) a home or other physical address, which includes at least street name and name of city or town; (c) an email address; (d) a telephone number; (e) a Social Security number; (f) credit and/or debit card information, including credit and/or debit card number with expiration date; (g) date of birth; (h) a driver's license number; or (i) any other information from or about an individual consumer that is combined with (a) through (h) above. Consistent with Section 2 of this Agreement, Customer agrees to treat as confidential all Personal Information received from or through iiX and to disclose consumer information to only those authorized who have a need to know such information to accomplish their duties. Customer and its authorized users shall not use personal information for any purpose except the purpose permitted by this Agreement. Created 6-1-15 Version C2015.1 Page 3 of 5 3.2. Compliance with Laws Customer certifies that it shall order, receive, disseminate and otherwise use the Information Services in compliance with all applicable federal, state and local statutes, rules, codes and regulations, including but not limited to, the Driver's Privacy Protection Act, 18 U.S.C. § 2721 et seq. ("DPPA"), and the Gramm -Leach -Bliley Act ("GLB") and their state equivalents, including any changes, supplements or amendments to such statutes, rules, codes and regulations, as well as any case law interpreting such statutes, rules, codes and regulations (collectively, "The Laws"). Customer further represents and warrants that it shall ensure the security and confidentiality of Personal Information in compliance with The Laws. Customer shall be responsible for understanding and for staying current with all of The Laws. Customer warrants that it shall not use the Information Services for any purpose(s) governed by the Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), including but not limited to purposes of insurance underwriting (including ratemaking, risk classification, actuarial calculations, and identification of prospective licensees or reclassification of licensees), policy cancellation or renewal, establishing or stabilizing claims payment levels, granting of credit or for employment purposes, or tenant screening purposes. iiX acknowledges that it has appropriate administrative, technical and physical safeguards, including data security safeguards, in place to protect Personal Information consistent with federal and state requirements applicable to it. 3.2.1. Notification in Event of Breach or Misuse of Information. Customer will immediately notify iiX of any inadvertent or unauthorized release of any Information Services obtained under this Agreement or other security breach of Personal Information contained in Information Services when the Customer knows of such unauthorized or inadvertent release. Customer agrees to notify all affected consumers in writing that their Personal Information has been potentially compromised in the event of the Customer's or its authorized user's, including any Outsourcer's, inadvertent or unauthorized release, misuse, or other security breach of Personal Information contained in the Information Services supplied to Customer. Customer shall retain documentation of such notification and provide it to iiX and govemmental representatives immediately upon request. 3.3. Specific State Forms Customer shall be responsible for understanding and for staying current with all specific state forms, certificates of use or other documents or agreements including any changes, supplements or amendments to them imposed by the states (collectively, "Specific State Forms") under which it will order Information Services. Customer certifies that it has filed all applicable Specific State Forms required by individual states. If Customer receives Information Services from a State requiring a state form, Customer agrees that it shall sign a copy of the appropriate State form and retum it to iiX. 3.4. Publications Customer agrees that all solicitations, advertising copy and other communications used in connection with Information Services shall be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient's name and address. Customer further warrants that telephone numbers submitted to iiX for reverse telephone append matching services will not be randomly generated or obtained by an automatic number identification system, except where a prior business relationship exists between Customer and the owner of such telephone number. 3.5. Archiving Customer and any of its authorized user(s), including any Outsourcer, shall not use Information Services or data derived from them, including any MVR data, supplied by or through iiX to directly or indirectly compile, store, or maintain the Information Services or derivative data (independent of or commingled with other databases) to develop its own source or database of Information Services. 3.6. Other Restrictions iiX may from time to time impose additional restrictions, procedures or processes upon the use and/or delivery of the Information Services that it believes to be prudent to ensure compliance with The Laws, the Specific State Forms and/or the security, privacy or confidentiality of the Information Services. 3.7. Interpretation In the event that Customer and iiX disagree with the intent, effect, necessity to comply with or the interpretation and/or compliance requirement of any of The Laws or Specific State Forms, Customer shall conform to iiX's interpretation. 3.8. Use of the Internet Customer and any of its authorized user(s), including any Outsourcer, will not disseminate any unsecured or unencrypted Information Services over the Internet. Internet dissemination includes public e-mail, World Wide Web access, FTP and all other mechanisms where data is transmitted across the Internet. This shall not prohibit Customer from transmitting such information over a secure network to Customer's authorized users with a legitimate need to receive the information, provided that such actions comply with The Laws as well as any other state and federal statutes and regulations governing the confidentiality, security and transmission of the Information Services. Failure of Customer to fully comply with the requirements of all of Section 3 shall be a material breach of this Agreement and shall permit iiX to immediately terminate this Agreement and the delivery of any Information Services to Customer without notice or delay. 4. WARRANTY AND INDEMNIFICATION. Customer represents and warrants that (a) Customer has obtained and shall retain written authorization and consent to obtain the MVR from the individual about whom the MVR request is being made in states where required and (b) that any data, content or other materials provided by Customer to iiX are in compliance with all applicable laws and will not, when used by iiX, defame any person or infringe the trademarks, service marks, copyrights or other intellectual property rights of any third party. Customer agrees to indemnify and hold harmless iiX, its affiliated companies and their officers, directors, employees and shareholders from any and all damages, costs, judgments and expenses (including reasonable attomey's fees) as well as any and all fines, interest, penalties or any other liabilities: (i) incurred by iiX, (ii) imposed by local, state or federal authorities or (iii) claimed by any third party that result from or arise out of Customer's failure to fully comply with the provisions of Sections 2, 3 and 4 or the use by Customer or its authorized users, including any Outsourcer, of the Information Services provided under this Agreement. Created 6-1-15 Version C2015.1 Page 4 of 5 5. TERMINATION. iiX may amend this Agreement or terminate access without notice if the availability of an Information Service to iiX changes for any reason during the term of this Agreement. 6. DISCLAIMERS. CUSTOMER UNDERSTANDS AND AGREES THAT THE FOLLOWING LIMITATIONS ARE AN ESSENTIAL PART OF THE CONSIDERATION TO iiX FOR ENTERING INTO THIS AGREEMENT. THE LIMITATIONS ARE SPECIFICALLY DESIGNED AND AGREED TO BY THE PARTIES TO ALLOCATE AND LIMIT RISKS BETWEEN THE PARTIES IN LIGHT OF THE PRICES CHARGED AND THE OTHER BUSINESS TERMS OF THIS AGREEMENT. CERTAIN OF THE INFORMATION SERVICES PROVIDED UNDER THIS AGREEMENT ARE FROM INFORMATION SUPPLIED BY VARIOUS STATE AGENCIES, SERVICE PROVIDERS, AND OTHER SERVICE BUREAUS (COLLECTIVELY, "DATA PROVIDERS"). THE INFORMATION SERVICES ARE PROVIDED "AS IS" AND NEITHER iiX NOR ITS DATA PROVIDERS IN ANY WAY WARRANT OR ASSUME ANY LIABILITY FOR THE ACCURACY, TIMELINESS, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND/OR COMPLETENESS OF ANY INFORMATION SERVICE PROVIDED UNDER THIS AGREEMENT. AT THE DIRECTION OF THE CUSTOMER, WHERE PERMITTED, MOTOR VEHICLE REPORTS MAY BE SUPPLIED FROM DATABASE OR HISTORY FILES. THESE DATABASE REPORTS MAY NOT CONTAIN THE SAME DATA AS A CURRENT STATE REPORT. THE REPORT WILL BE NOTED AS A DATABASE REPORT AND WILL SHOW THE ORIGINAL REPORT DATE. NEITHER iiX NOR ITS DATA PROVIDERS ASSUME RESPONSIBILITY FOR CHARGES INCURRED, LOST REVENUE, OR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ERRORS IN CUSTOMER INPUT, DUPLICATE REQUESTS, ERRORS IN TRANSMISSION, PROGRAM OR EQUIPMENT FAILURES, COMMUNICATION PROBLEMS, PROCESS DELAYS, OR SCHEDULE CHANGES. IN NO EVENT SHALL iiX'S OR THE APPLICABLE DATA PROVIDER'S LIABILITY EXCEED THE CHARGES ACTUALLY PAID TO iiX BY CUSTOMER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY SUCH CLAIM. 7. CREDENTIALING. Credentialing is the process for verifying that entities are legitimate and their purpose for the use of the Personal Information is authorized. 7.1. Pre -Service Review iiX will verify Customer's identity and permissible purpose to request Information Services through a certification or pre - service review. This review may include but not be limited to a verification of the type of business, confirmation that the stated permissible purpose for obtaining the product or service is compatible with the type of business conducted, conducting a physical inspection of the premises to assure that it is a legitimate business facility, verification of specified credentials, and verification of business phone and address records and web pages through the use of recognized third parties. Customer agrees to cooperate fully with any certification process or pre -service review prior to iiX permitting access to Information Services. 7.2. Credential Monitoring Customer further agrees to cooperate fully with continued monitoring of Customer credentials. Monitoring includes the recertification of credentials and update of this Agreement. iiX reserves the right to make such requests as it deems necessary. Failure to comply could result in restriction or termination of access to the Information Services. 8. AUDIT. Upon receipt of iiX audit requests, Customer agrees to respond within the time period specified in the audit notice or request for information. Customer shall provide all documentation as requested. This information shall be made available to iiX for review and copying upon iiX's request or to any govemmental authority upon request. Access privileges to Information Services will be suspended upon failure to comply with such requests. Customer agrees that it will not obstruct a governmental authority audit at the Customer's site in connection with the ordering or use of Information Services. 9. RETENTION OF INFORMATION. 9.1. Retention of Information Services Materials The Customer and its authorized users, including any Outsourcer, shall promptly and adequately destroy data and materials from the Information Services (including MVRs) in its/their possession when they are no longer required for the purpose as stated in this Agreement. 9.2. Retention of Reauestor Information Customer must maintain records identifying each person or entity that receives the Personal Information and the permitted purpose for which the Personal Information will be used. These records must be retained for a period of (5) five years and shall include, but not be limited to, the request date, requested individual, requestor, permissible purpose for each Information Service and signed disclosure/authorization forms from affected consumers where required. 9.3. Destruction of Information All materials and data containing Personal Information that have been obtained from or through iiX must be properly disposed of by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal. This would include, but not be limited to, implementing and monitoring compliance with policies and procedures that require the burning, pulverizing, erasing, or shredding of papers or records containing Personal Information so that the information cannot practicably be read or reconstructed. Electronic files or media containing Personal Information must be destroyed or erased so that the information cannot be read or reconstructed. Created 6-1-15 Version C2015.1 Page 5 of 5 10. INDEPENDENTLY CONTRACTING PARTIES. The relationship of the parties shall be that of independently contracting parties. Nothing in this Agreement shall be construed to create any partnership, joint venture, agency or other similar relationship. Neither party shall have the right or authority to create, assume or imply any obligation or responsibility on behalf or in the name of the other party or bind the other party in any manner. 11. NOTICES. Notices sent to either party shall be effective when delivered in person, one day after being sent by overnight courier, or five (5) days after being sent by certified mail postage prepaid to the address set forth above for such party, or to such other address as the party, to which such notice is being sent, may from time to time have specified in an earlier notice to the party sending such notice. In addition, notices to Customer sent by e-mail to Customer's e-mail address identified in this Agreement shall be effective when sent. Customer shall notify iiX of any changes in Customer's e- mail address. 12. CHOICE OF LAW. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of New York. The state or federal courts of the State of New York shall have exclusive jurisdiction over any claims arising out of or in any way related to this Agreement. 13. FORCE MAJEURE. Except for payment obligation, neither party shall be liable for any failure or delay in performance directly or indirectly caused by acts or omissions beyond the reasonable control of the party required to perform. In the event that a party is asserting force majeure as its reason for failing to timely perform, such party shall immediately notify the other party of the situation and shall use every reasonable effort to remove the condition of force majeure and begin performance. 14. MISCELLANEOUS. This document and any amendments, ISO ClaimSearch Product Supplement, as well as any Exhibits referenced in this Agreement and all documents referred to in them constitute the entire agreement between the parties with respect to the subject matter of this Agreement and supersede all other communications, whether written or oral. Subject to Section 3.6, this Agreement may be modified or amended only in a writing signed by both parties. Waiver of any provision in one instance shall not preclude its enforcement in the future. Headings are for reference purposes only and have no substantive effect. 15. SEVERABILITY. The provisions of this Agreement shall be severable, and if any provision of this Agreement shall be held or declared to be illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other provision, and the remainder of this Agreement, disregarding such invalid portion, shall continue in full force and effect as though such invalid provision had not been contained in it. 16. SURVIVAL. The provisions of Sections 2, 3, 4, 5, 6, 8, 11, 12, 14 and 15 of this Agreement shall survive the expiration, cancellation, termination or non -renewal of this Agreement. 17. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall take effect as an original and all of which together shall evidence one agreement. 18. ASSIGNMENT. Customer shall not assign or subcontract this Agreement without the prior written permission of iiX and any such assignment or delegation, either full or partial, to any third party is void and of no effect. A merger, consolidation, reorganization or other change of control shall be considered an assignment for the purposes of this Agreement. All terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted transferees, successors and assigns. Except as provided in this Agreement or modified, all terms, covenants and conditions of the Master Agreement and the ISO ClaimSearch Product Supplement remain unchanged. To the extent any provision in this Insurance Claims Subscription Agreement conflicts with any similar provision in the Master Agreement or ISO ClaimSearch Product Supplement, the terms set forth in this Insurance Claims Subscription Agreement shall control. THE UNDERSIGNED CERTIFIES THAT HE/SHE HAS READ, UNDERSTANDS, AND AGREES TO THE TERMS AND CONDITIONS DESCRIBED IN THIS SUBSCRIPTION AGREEMENT AND ANY APPLICABLE STATE AGREEMENTS. THE UNDERSIGNED FURTHER AFFIRMS THAT THE STATEMENTS MADE IN IT ARE TRUE AND CORRECT, THAT HE/SHE HAS DIRECT KNOWLEDGE OF THE FACTS CERTIFIED IN THIS AGREEMENT, AND THAT HE/SHE HAS AUTHORITY TO MAKE THE ABOVE REPRESENTATIONS AND TO ENTER INTO THIS AGREEMENT AS A PERSONAL LEGALLY AUTHORIZED TO BIND THE COMPANY (OWNER, OFFICER, DIRECTOR, PARTNER, PRINCIPAL, OR OTHER REPRESENTATIVE WHO IS LEGALLY AUTHORIZED TO BIND THE BUSINESS). SIGNATURE: DATE: 10/27/2021 Owner or Officer or Legally Authorized Representative NAME (Printed): Rick Osorio TITLE: Risk Manager E-MAIL ADDRESS OF SIGNEE: rick.osorio©MyClearwater. com Created 6-1-15 Version C2015.1