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Predictive Index/Personnel 05 œ THE PREDICTIVE INDEX® CLIENT AGREEMENT Date: 10/07/05 This Agreement grant, the right to the use of the Predictive Index® to ~i.!Y..Q.LI",ILQ\!!~~ (the "Client" ) for one year commencing on 1 0/12/05. the ("Commencement Date"). To make the most of your investment in the Predictive Index, we have scheduled client company participants to attend the Predictive Index® Management Workshop starting, LJLlJ?LQ~. (the fee for the Predictive Index Management Workshop is due and payable to PI Worldwide on 10/12/05. The client company is entitled to use the Predictive Index in branches, divisions, or subsidi8t')' companics with a combined maximum of _'-QQ employees. Branches, divisions or subsidiary companies included within the terms of this Agreement are. '" NA Should the Client extend the use of the Predictivc Index beyond the above listed branches, divisions, or subsidiaries, then a new Agreement covering the additional entities shall be completed. The Annual Service Fee for the provision of all Predictive Index Materials (as defined below), review, guidance and consultation (exclusive of the Predictive Index Management Workshop) in support of the client's implementation of the Predictive Index, including statistical studies, is S~ due and payable to PI Worldwide on October 12.2005. This Agre¢tT1ent may be renewed annually at the option ofthe client, the Annual Service Fee to be according to PI Worldwide's current Pee Schedule as of the renewal date, October 12.- All materials furnished in connection with the use of the Predictive Inde7(, including all written materials, software and devices (the "Predictive Index Materials") are and remain the property of PI Worldwide. In the event of termination of this Agreemeot, all Predictive Index Materials, which have been furnished to the client, are to be returned to PI Worldwide within ten days of notification of termination and no further use of any kind. win be made of the Predictive Index. In the event of the client's or any ofit5 Analysts' continued use of the Predictive Index after notificatiOJ1 of termination or the failure to return the Predictive Indcx Materials, this Agreement shall be deemed to be in full force and effect, and the above mentioned Annua] Service Fee shall be due to PI Worldwide. All Predictive Indcx Materials are copyrighted, with all rights reserved, and are furnished for the exclusive use of our Client..... Any use by, or availability to others, or reproduction in whole or in part in any form whatsoever is prohibited, except when written permission is obtained fTom PI Worldwide. The Predictive Index Management Workshop is conducted only by PI Worldwide and its Licensees and Associates aUdlQrized in writing to do so. The client also agrees th3.t the Predictive Index is to be used only by employees of the cliclJt company who have complcttd the Predictive Index Management Workshop conducted by PI Worldwide and then only in the regular course business of the client and in full compliance with all applicable laws, statutes, rules and re s John Hen . g Consul PI Mid 11205 right Circle. Ste 220 Omaha, NE 68144 Telephone: 800-961-8856 303-797-3132 Fax: 303~ 797-3199 www.Dimidwe~t~.om Print Naltlt! City Manager TU Ie City of La Quinta Company Name 78495 Calle Tampico, J..a Quinta, CA 92253 If clcIreas 760- 777-7000 760-777-7101 "'Include "ames and addresses for all divi8io11S or .<iu!J.<¡idiary companies Telephone Fax tgenovcs@la-quinta.org . www.la-quinta.org Company W(!b SUfi Email Aáál.f1.fll PI Worldwide is a di~¡~ion of Pracndex InCOl'fl/)Tllted. All Client Agreement an: !iUb.icct to .""roval by PI Worldwide. Wcl1c.,lcy Hills. MII.~~c;hu,cus. The Predìctivc Ind~\Ij). and all Predictive lodex Matcrì81~ related to and u.'ICd in it. are copyrighted publication of Pracndex Incorporated. 40 Washin¡,¡ton Strcct, Welleslev fiill~. M^ 02481·1 888,USA . rux.;ess PI. Date: OCT 6 PI Worldwide ("PI Worldwide") agrees to grant, and C ,"f\. G u.ùí frt" ("Software Licensee") agrees to accept, a non-exclusive, nont ansferable license to use accessPITM under the following terms and conditions. License: Software Licensee, as a Predictive Index® Client in good standing, is granted this Software License to use accessPI for Software Licensee's own internal business. This license extends to entities related to Software Licensee that are previously and explicitly known to PI Worldwide and are explicitly included in Software Licensee's Predictive Index® Client Agreement. The license granted hereunder shall be in addition to the license to Predictive Index set forth in the Client Agreement. All materials related to accessPI are propriety, copyrighted, and wholly owned by PI Worldwide and contain trade secrets and confidential information of PI Worldwide made available for the exclusive use of Predictive Index clients such as Software Licensee. Software Licensee shall not sell, transfer (except to an affiliate or successor), publish, make public, import, export, modify, or copy any part of accessPI without express written permission of PI Worldwide. PI Worldwide claims no property interest in Software Licensee's data, which data shall be the sole exclusive property of Software Licensee. Term: The initial term of this Agreement will be from the date of this Agreement through the next renewal date in accordance with Client Agreement. This Agreement will renew for a twelve (12) month period in conjunction with the Client Agreement, and thereafter will renew at the option of Client. In no event will the Software License extend beyond the term ofthe Client Agreement. Fees: Software Licensee will make payments directly to PI Worldwide for the Software License pursuant to the accessPI Fee Schedule. Software Licensee is responsible for all fees up to and including the effective date of termination. Availability: PI Worldwide will provide application web hosting services and related system operations, following reasonable and generally accepted operating principles and procedures, such that accessPI is generally available for use by Software Licensee. Data Access: Software Licensee IXfGrants / nDenies its PI Consultant(s) permission to access Software Licensee's data within accessPITM for the sole purpose of providing Software Licensee with PI-related assistance and consulting. PI Worldwide recognizes the confidentiality of Software Licensee's data and will maintain and execute reasonable and generally accepted operating principles and procedures to prevent unauthorized access or disclosure of Software Licensee's data. dwide: 0i=¡?~ Signature ""'ThoMas p. 6¡enoVV5.~ Printed Name Ci--hA M l¥ Title . -¡ 4J14.tj Address and Email Address: 7flf'i5 CaJJe, /4WJ.LJ,'W - ' L4 ~Ulnta.. / CA '12253 ~j natu;Z;Z;}/ê¡l/ C: /VI If U¿ I J Printed Name PI/) t (JiNl., / IV FOIL 111 nIt th1/ )f/¿ viet'> Title ' Address and Email Address: PI Worldwide 16 Laurel Ave. Wellesley Hills, MA 02481 Phone: +1-781-235-8872 Facsimile: + 1-781-235-0959 Email: techsupport@Plworldwide.com Email: ~enOVe5~' 4 - t IM.ht~ f DY~ PI Worldwide and Predictive Index Worldwide are divisions ofPraendex Incorporated. © Copyright 2004 Praendex Incorporated. All Rights Reserved. Page: 10f2 R04.I