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2004-134 To Authorize the Execution of a Sublicense Agreement with the County of Simcoe, under License with the Municipal Property Assessment Corp for provision of OPMA Ownership Mapping Data Products THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-134 Being a By-law to Authorize the Execution of a Sublicense Agreement with the County of Simcoe, under License with the Municipal Property Assessment Corporation for the provision of OPMA Ownership Mapping Data Products WHEREAS Section 20(1) of the Municipal Act, S.O. 2001, c.25, as amended authorizes a municipality to enter into an agreement with one or more municipalities or local bodies, or a combination of both to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries; AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte deems it expedient to enter into a Sublicense Agreement with the County of Simcoe, under license with the Municipal Property Assessment Corporation, for the provision of OPMA Ownership Mapping Data Products; NOW THEREFORE, the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 1. That the Mayor and Clerk are hereby authorized to execute the Sublicense Agreement with the County of Simcoe for the provision of OPMA Ownership Mapping Data Products; 2. That Schedule 1, attached hereto, being the General Municipal License Agreement between the County of Simcoe and the Municipal Property Assessment Corporation, as to form and content, forms part of this By-law. 3. That Schedule 2, attached hereto, being the "Form of Sublicense Acknowledgement", as to form and content, forms part of this By-law. 4. That this By-Law shall come into force and take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 1st DAY OF DECEMBER, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED 1st DAY OF DECEMBER, 2004 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE ~u, ~ _.. ..A. :/ MaJ., J. eil Craig 1- . ~ O\? C)otJL\--C10 t Schedule 1 to By-~aw 2004-134 GENERAL MUNICIPAL LICENCE AGREEMENT THIS GENERAL MUNICIPAL LICENCE AGREEMENT ("Agreement") is made as of the Effective Date :tween Municipal Property Assessment Corporation, a corporation formed pursuant to the Ontario Property Assessment Corporation Act, with its head office at 1305 Pickering Parkway, Picketing Ontario, LIV 3P2, (the "Licensor") and the licensee described below (the "Municipal Licensee"): .. Municipal Licensee: , . Municipal Licensee , Address: . Telephone Number: Facsimile Number: Name of Municipal Licensee Business Contact: Business Contact Business Contact Telephone Number: Facsimile Number: Effective Date: ..OR VALUABLE CONSIDERATION, the parties agree to the terms and conditions set out in the General Municipal Licence Terms and Conditions and all appendices and schedules thereto below. FOR MUNICIPAL PROPERTY ASSESSMENT FOR THE MUNICIPAL LICENSEE CORPORA TION. I;' 2&tJi- .ft~ /~ DATE D e Glen Knox, Clerk I have authority to bind the Municipal Licensee the Municipal Licensee SignaturelTitlelDate - I have authority to bind Licensor Page ] of 22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 31,2004 .. GENERAL MUNICIPAL LICENCE TERMS AND CONDITIONS 1.0 DEFINITIONS AND APPENDICES. 1.1 Definitions. In this Agreement and any hereto as Appendix J and identified as the Internet Schedules attached hereto, the foJJowing terms shaH have Guidelines; the following meanings: "Internet Service" has the meaning set out in the Internet "A ffiliate" as to any Person means any other Person that GuideJines; directJy, or indirectJy through one or more intermediaries, "Licence" has the meaning provided in Section 2. I of this controls, or is controned by, or is under common controJ Agreement; with, such Person. The term "control" as used in this .'Municipality" means an incorporated city, town, viJIage, ~ definition (incJuding, with correJative meanings, the terms township, county, regional or district municipaJity in the "controlled by" and "under common control with" as Territory as defined in applicabJe legisJation of the used with respect to any Person) means the possession, Province of Ontario from time to time but does not include .~ directJy or indirectJy, of the power to direct or cause the Municipal Licensee; " direction of the management and poJicies of such Person "Municipal Board" means an agency, board, department whether through ownership of voting securities, by contract or other entity in the Territory covered under the or otherwise; Municipal Act, 2001 excJuding the Municipal Licensee, "Agreement" means this document and incJudes all MunicipaJities and hydro-electric companies; appendices appended hereto and any written .'Municipal Mandate" means municipal: (i) pJanning amendments signed by both parties hereto; notifications, (ii) tax certificates, (iii) zoning compJiance "Approved Sub-Licensee" means a Municipality or reports, (iv) land use compJiance reports; and (v) economic Municipal Board listed in the List of Approved Sub- development and generaJ pJanning information, which list Licensees attached hereto as Appendix 3; may be suppJemented from time to time by Licensor; "Bundled Products" means In respect of: (a) the "M unicipal Parcel Data" means data about individual Municipal Licensee; the Products, or part thereof, parcels of Jand which, without limitation, includes parcel bundled or packaged by MunicipaJ Licensee together boundaries for ownership, assessment and crown parcels, with the products of Municipal Licensee and/or a third easements and rights of way, Indian reserves, railways, party; and (b) an Approved Sub-Licensee; the Products, leasehold parceJs, naturaJ resource parcels, township or part thereof, bundled or packaged by the Approved fabric, survey and controJ data, and an of related text, Sub-Licensee together with the products of the Approved parceJ centroid and parceJ identifiers and compiJations Sub-Licensee and/or a third party; notes; "Derivative Products" means any digital and other "OPMA" means the Ontario Parcel Master Agreement products created by or on behalf of the MunicipaJ dated April 22, 2002, between the Licensor, Teranet Licensee, or an Approved Sub-Licensee, through its use Enterprises Inc. ("Teranet") and Her Majesty the Queen in or alteration of any of the Products, including those Right of Ontario Represented by the Minister of Natural created through the modification of or addition to the Resources ("MNR"), as amended from time to time; Products or through manipulation of the Products; "Notice of Internet Service" means the form of notice set ..Displaying Entity" has the meaning set out in the out in Appendix J; internet Guidelines; "Person" means any individual, soJe proprietorship, "Documentation" means the written materials, if any, partnership, unincorporated association, unincorporated provided with the Products by Licensor incJuding an syndicate, unincorporated organisation, trust, joint venture, manuals and training materiaJs; body corporate, a government or any department or agency "Effective Date" has the meaning set out on the face thereof, and a natural person in such person's capacity as page to this Agreement; trustee, executor, administrator or other Jegal "Extended Coverage" with respect to a Product has the representative; meaning set out in the Product Sheet; "Products" means data products licensed by Licensor to . "Geographic Coverage" with respect to a Product has Municipal Licensee but, unless otherwise expressJy stated the meaning set out in the Product Sheet; to the contrary herein, does not include any related "Internal Business Purposes" means internal business Documentation provided by Licensor; processes, operations and administration excluding any: "Resulting Products" means digital and other Jicensed . (i) direct monetary or commercial gam from the data products that are provided or created by the use of the Products, Derivative Products, Resulting Products and Products or any combination or part thereof by Municipal BundJed Products; and (b) sale, externaJ distribution or Licensee or its Approved Sub-Licensee, but excludes licence of the Products, Derivative Products, Resulting Derivative Products and Bundled Products; Products and Bundled Products whether or not for a fee; ..Service Provider" means a suppJier, contractor, .'Internet Guidelines" means those guidelines attached developer, surveyor, engineer or other Person performing Page 2 of 22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Propeny Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version J .0, March 3 J, 2004 . . work for the MunicipaJ Licensee or an Approved Sub- Municipal Licensee, and Municipal Licensee accepts a Licensee under its Sublicence Agreement, in accordance non-exclusive non-transferable perpetuaJ (subject to with section 4.0; termination under section] J .2) licence to: . . "Sublicence Agreement" means, colJectiveJy, with (a) do the following for MunIcipal Licensee's Internal respect to the subJicensing of the Products, Derivative Business Purposes: Products, ResuJting Products and Bundled Products (i) use and reproduce the Products and hereunder: Documentation; .. (a) an agreement entered in by Municipal Licensee (ii) adapt, transJate, convert and modify the with one of its Approved Sub -Licensees or Products, or part thereof, to produce · Service Providers; Derivative Products; (b) a Jicence agreement based on the Internet (iii) use, reproduce, adapt, translate, convert and Guidelines and used by Municipal Licensee in modify Derivative Products; and its provision of an Internet Service; (iv) produce, reproduce and use Resulting' . (c) an agreement entered into by an Approved Sub- Products and BundJedProducts; Licensee with one of its Service Providers; and (b) sublicense the Products and Municipal Licensee's (d) a Jicence agreement based on the Jnternet Resulting Products, Derivative Products and Bundled GuideJines and used by an Approved Sub- Products to an Approved Sub-Licensee in accordance Licensee in its provision of an Internet Service. with section 3.0 below; "Sublicensees" means, colJectively, Approved Sub- (c) subJicense the Products and Municipal Licensee's Licensees, Service Providers and Users, who have Resulting Products, Derivative Products and Bundled entered into a Sublicence Agreement; Products to its Service Providers for MunicipaJ "Sublicensing Report" means the Form of Sublicensing Licensee's Internal Business Purposes in accordance Report attached hereto as Appendix 4; with section 4.0 beJow; "Supplier" means a supplier (including the Government (d) update, align, correct and calibrate the Municipal of Ontario) to Licensor of one or more components of Licensee's 'digitaJ products in the List of Municipal the Products; Licensee's Digital Products, without affecting the "Teranet Delivery Agreement" has the meaning set out ownership of such digital products; in Section 9. J of this Agreement. (e) provide an Internet Service to its Users in accordance "Term" has the meaning set out in Section] J. J of this with the Internet Guidelines; and Agreement; (f) print and distribute to any Person paper maps based on "Territory" means that geographic area that reJates to the Products and the Municipal Licensee's Resulting the Municipal Licensee's jurisdiction which is described Products, Derivative ProduCts and Bundled Products, in Appendix 3: List of Approved Sub-Licensees; or part thereof. "User" in respect of an Internet Service has the meaning Municipal Licensee may not transfer, license, subJicence, set out in the Internet Guidelines. sell, assign or otherwise transfer its rights in and to the 1.2 Appendices. The following are standard Products, Derivative Products, Resulting Products, appendices attached to and forming part of this Bundled Products and Documentation except as expressly Agreement: set out above. (a) Appendix J: Internet Guidelines; 2.2 Approval of Listed Products and Internet (b) Appendix 2: List of Municipal Licensee Digital Services. Products; (a) All products on the List of Municipal Licensee's (c) Appendix 3: List of Approved Sub-Licensees; Digital Products, and any additions thereto, are subject to (d) Appendix 4: Form of Sublicensing Report; the prior and ongoing approvaJ of the Licensor. (e) Appendix 5: Delivery (b) Municipal Licensee must give prior written notice to (f) Appendix SA: Product Sheets, Fee Sheet and Licensor of any proposed Jnternet Service by using the Related Terms and Conditions. Notice of Internet Service, and such Internet Service is (g) Appendix 5B Teranet Delivery Agreement subject to the prior and ongoing approval of the Licensor. Additional appendices not listed herein may aJso be 2.3 Addinl! Approved Sub-Licensees. If Municipal attached hereto from time to time and, when attached, Licensee wishes to add a lower tier MunicipaJity and/or shaH form part of this Agreement. Municipal Board in the Territory to the List of Approved Sub-Licensees, it must first obtain the prior written 2.0 LICENCE GRANT: MUNICIPAL approval of Licensor as follows: LICENSEE & LICENCE RESTRICTIONS. (a) Municipal Licensee shal1 deJiver a written request to add a specified MunicipaJity or Municipal Board to 2.] Licence Grant. Subject to the terms and the List of Approved Sub-Licensees to Licensor. conditions of this Agreement, Licensor hereby grants to Page 3 of 22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or Iransmitted without the express written consent of Municipal Property Assessment Corporation. General MunicipaJ Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 31. 2004 . . (b) Licensor shaH review the request to determine (f) ]fLicensor determines that a SubJicence Agreement: whether addition of the Municipa]ity or Municipal (i) between MunicipaJ Licensee and one of its Board is in the interest of' the pubJic good and Approved Sub-Licensees or Service Providers whether it may reasonably be expected to erode the does not confonn with the requirements of this commercia] value of the Products and products and Agreement, at Licensor's request M unicipaJ services based on or derived from the Products. Licensee shaH forthwith terminate such (c) If Licensor determines that addition of the SubJicence Agreement; Municipality or MunicipaJ Board is in the interest of (ii) between an Approved Sub-Licensee and one of its the pubJic good and will not erode the commercial Service Provider does not confonn with the value of the Products and products and services requirements of this Agreement, at Licensor's .. based on or derived from the Products, it may request MunicipaJ Licensee shaH forthwith direct approve the Municipal Licensee's request. its Approved Sub-Licensee to terminate such (d) ]f Licensor determines that: (i) Municipal Licensee SubJicence Agreement. .. has not provided sufficient information for Licensor (iii) used by Municipal Licensee in connection with an . to properly assess the request; or (ii) the addition of Internet Service does not confonn with the the MunicipaJity or MunicipaJ Board is not in the requirements of this Agreement, at Licensor's interest of the pubJic good or wj]] erode the request MunicipaJ Licensee shaU forthwith cease commercial vaJue of the Products and/or products delivering the Products, Derivative Products, and services based on or derived from the Products, Resulting Products and Bundled Products to its Licensor may, in its sole discretion refuse to approve Users and terminate the SubJicence Agreement the request, with or without reasons. with respect to such Products, Derivative 2.4 Other Municipal Licensee Oblications. Products, ResuJting '. Products and Bundled (a) Copies of aH SubJicence Agreements between Products; MunicipaJ Licensee and its Approved Sub-Licensees (iv) used by Approved Sub-Licensee in connection and Service Providers and all terms and conditions it with an Jntemet Service does not conform with the uses with an Internet Service shaH be kept by requirements of this Agreement, at Licensor's MunicipaJ Licensee and produced to Licensor, on request MunicipaJ Licensee shan forthwith direct request, for inspection and copying. its Approved Sub-Licensee to cease delivering the (b) If Municipal Licensee enters into a Sublicence with Products, Derivative Products, Resulting Products an Approved Sub-Licensee it shaH, within 15 and Bundled Products to Approved Sub- caJendar days of compJete execution of the Licensee's Users and terminate the SubJicence Sublicence Agreement, compJete and deliver to Agreement with respect to such Products, Licensor a Sublicensing Report. Derivative Products, Resulting Products and (c) Municipal Licensee shall immediately notify BundJed Products. Licensor in writing with respect to any issues or (g) On termination of a Sublicence Agreement with one disputes arising from or related to Products, of its Approved Sub-Licensees or Service Providers, Documentation, Derivative Products, Resulting Municipal Licensee shan direct its Approved Sub- Products and Bundled Products including Licensee or Service Provider, as the case may be, to notification to Licensor of any defaults under its and cease using and destroy the Products, Derivative its Sublicensees' SubJicence Agreements. Products, Resulting Products and Bundled Products (d) In the event that a request for aJ] or part of any and, at the request of Licensor, shan request such materiaJ or information, Products or Documentation Approved Sub-Licensee or Service Provider to certify provided to Municipal Licensee hereunder is made that aJ] Products, Derivative Products, Resulting to Municipal Licensee pursuant to appJicable Products, Bundled Products have been purged from its protection of privacy and access to information computer systems, and that aJ] hardcopy materiaJs legisJation MunicipaJ Licensee shan provide notice produced from the Products, the Derivative Products, . of such a request to Licensor within five (5) calendar Resulting Products and Bundled Products have been days of the request being made, and shall co-operate destroyed. with Licensor in handJing such a request. (h) Where a Sublicence Agreement with a User has been ." (e) Municipal Licensee shaH not deliver the Products, terminated, the use and destruction of Products, - Derivative Products, Resulting Products and Derivative Products, Resulting Products and the Bundled Products, or part thereof, to its Approved Bundled Products (and certification of same) by User Sub-Licensees, Service Providers and Users until shaH be in accordance with the Internet Guidelines. Municipal Licensee is in receipt of a Sublicence 2.5 Survival of Municipal Licensee's Sublicences. Agreement In accordance with the terms and (a) This Agreement, if the MunicipaJ Licensee is not in conditions of this Agreement. breach hereof, shall survive termination or expiration Page 4 of 22 CONFIDENTIAL INFORMATION OF MUNJCIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Propel1Y Assessment Corporation. General Municipal Licence Agreement- OPMA Assessment Mapping Data Products, Version 1.0, March 3\,2004 i . . of the OPMA. and to the Products, Derivative Products, Resulting (b) A SubJicence Agreement between a Municipal Products, BundJed Products and Documentation except as Licensee and one of its Approved Sub-Licences, expressJy set out above. Service Providers or Users, if it has been properJy 3.2 Sublicence Restrictions. Each SubJicence granted by Municipal Licensee, and has not expired Agreement with an Approved Sub-Licensee shall: or tenninated (and neither party is in breach (a) be non-exclusive and non-transferable and, at the thereot), shaH survive tennination or expiration of Municipal Licensee's option, may be for a fixed tenn the OPMA. or perpetuaJ tenn (subject to, tennination under section' (c) A SubJicence Agreement between a Municipal ] J.l); . Licensee and one of its Approved Sub-Licences, or (b) strictly prohibit any further transfer, licensing, Users, if it has been properly granted by M unicipaJ sublicensing, saJe, assignment or distribution of the Licensee, and has not expired or tenninated (and Products, Documentation, Derivative . Products, neither party is in breach thereot), shall survive Bundled Products and ResuJting Products except as ' tennination of this Agreement. expressly set out herein; (d) UnJess expressly stated otherwise in this Agreement, ( c ) not make any representations, warranties, or all Sublicences, and a]J licenses granted therein, guarantees concerning tHe Products, Derivative shalJ tenninate on tennination of this Agreement. Products, Resulting Products and Bundled Products that are inconsistent with or in addition to those'made 3.0 LICENCES WlTH APPROVED SUB- by Licensor in this Agreement; LICENSEES AND LICENCE RESTRICTIONS. (d) not provide for maintenance for the Products, Derivative Products, Resulting Products and Bundled 3,1 Licence Grant. MunicipaJ Licensee may, Products or any part thereof that are greater than the subject to the tenns and conditions of this Agreement, Licensor's obligations set out in this Agreement or grant to an Approved Sub-Licensee a non-exclusive non- that extend beyond the Tenn of this Agreement, transferabJe Jicence to the Products and the Municipal unless expressly set out in a Product Sheet attached Licensee's Derivative Products, Resulting Products and hereto; BundJed Products to: (e) include tenns substantiaJJy simiJar to those set out in (a) do the following for the Approved Sub-Licensee's this Agreement; and lnternaJ Business Purposes: (t) not charge the Approved Sub-Licensee any fee, (i) use and reproduce the Products, Documentation including, without limitation, a Jicence fee, royalty or and the Municipal Licensee's Derivative delivery and support fee m consideration of a Products, Resulting Products and Bundled SubJicence Agreement except on a cost recovery Products; basis. (ii) adapt, translate, convert and modify the Products 3.3 Ot her Oblif~ations of an Approved Sub- and the Municipal Licensee's Derivative Licensee. Products, Resulting Products and Bundled (a) MunicipaJ Licensee shall ensure that copies of a]) Products to produce its own Deri vati ve Sublicence Agreements between Approved Sub- Products; Licensee and its Service Providers and all tenns and (iii) use, reproduce, adapt, translate, convert and conditions it uses with an ]nternet Service shall 'be modify its Derivative Products; and kept by Approved Sub-Licensee and produced to (iv) produce, reproduce and use Resulting Products Licensor, on request, for inspection and copying. and BundJed Products; and (b) Each Sublicence Agreement with an Approved Sub- (b) sublicense the Products, Derivative Products, Licensee shall provide that Approved Sub-Licensees Resulting Products and Bundled Products to a shall notify Municipal Licensee in writing with Service Provider for Approved Sub- Licensee's respect to any issues or disputes arising from or . JnternaJ Business Purposes In accordance with related to Products, Documentation, Derivative section 4.0 below, Products, Resulting Products and Bundled Products (c) provide an Internet Service to its Users In including notification to MunicipaJ Licensee of any accordance with the lnternet Guidelines, provided default under Approved Sub-Licensee's Sublicence that Approved Sub-Licensee must give prior written Agreements. notice to Licensor and Municipal Licensee of any (c) MunicipaJ Licensee shaH ensure that an Approved proposed Jnternet Service by using the Notice of Sub-Licensee shall not deliver the Products, Internet Service, and such ]nternet Service is subject Derivative Products, Resulting Products and Bundled to the prior and ongoing approval of the Licensor. Products, or part thereof, to its Service Providers and Approved Sub-Licensee may not transfer, Jicense, Users until Approved Sub-Licensee is in receipt of a sub1icence, seJJ, assign or otherwise transfer its rights in Sublicence Agreement in accordance with the tenns Page 5 of 22 CONFIDENTIAL INFORMATION Of MUN]ClPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 31,2004 I , and conditions ofthis Agreement. in breach thereof), shall survive termination of the (d) If MunicipaJ Licensee determines that a SubJicence Sublicense Agreement between the MunicipaJ Licensee Agreement between an Approved Sub-Licensee and and such Approved Sub-Licensee. one of its Service Providers does not conform with the requirements of this Agreement, Approved Sub- 4.0 UCENSES WITH SERVICE PROVIDERS Licensee, at MunicipaJ Licensee's request, shan AND UCENCE RESTRICTIONS forthwith terminate its Sublicence Agreement with such Service Provider. 4.1 Licence Grant. The Municipal Licensee and its (e) Jf Municipal Licensee determines that SubJicence Approved Sub-Licensees may, subject to the terms and Agreement used by Approved Sub-Licensee for a conditions of this Agreement, each sublicence the ~ Internet Service does not conform with the Products, Derivative Products, Resulting Products and requirements of this Agreement, Approved Sub- BundJed Products to their respective Service Providers for Licensee, at MunicipaJ Licensee's request, shaH their respective Internal Business Purposes provided that cease delivering and sublicensing the Products, the Service Provider: Derivative Products, Resulting Products and (a) performs work the benefit of the Municipal - to BundJed Products through the Jnternet Service and Licensee or the Approved Sub-Licensee with whom it terminate the related SubJicence Agreements for the enters into the SubJicence Agreement; Products, Derivative Products, Resulting Products (b) uses the Products, Resulting Products, Derivative and Bundled Products entered into with its Users. Products and Bundled Products solely for performance (f) On termination of a SubJicence Agreement with one of such work; of its Service Providers, Approved Sub-Licensee (c) destroys the Products, Resulting Products, Derivative shan direct its Service Provider to cease using and Products and BundJed Products on the earlier of destroy the Products, Derivative Products, Resulting completion of the work or the expiration or Products and BundJed Products and request such termination of the SubJicence Agreement; Service Provider certify that an Products, Derivative (d) is a Person to whom, in the normal course of doing Products, Resulting Products, BundJed Products business, the MunicipaJ Licensee or the Approved have been purged from its computer systems, and Sub-Licensee, as the case may be, would provide that all hardcopy materiaJs produced from the access to the Products, Derivative Products, Resulting Products, the Derivative Products, Resulting Products and Bundled Products in fuJfi]ment of its Products and Bundled Products have been respective Municipal Mandate. destroyed. (g) Each Sublicence Agreement with an Approved Sub- 4.2 Sublicence Ae.reement Restrictions. Each such Licensee shan: (i) contain an acknowledgement by Sublicence Agreement with a Service Provider shan: Approved Sub-Licensee that the Products were not (a) be non-excJusive and non-transferabJe and shaB be created by or for Approved Sub-Licensee and that it limited in duration; does not have the authority to regulate the use of the (b) Jimit Service Provider's use. of the Products, Products and that it does not have a statutory Documentation and Derivative Products, Bundled obligation to coJlect or maintain the Products; and Products and any Resulting Products, or part thereof Oi) provide that, in the event that a request for an or to the purpose of carrying out the work of the part of the Products, Derivative Products, Resulting Municipal Licensee or Approved Sub-Licensee as the Products and Bundled Products provided by case may be; Municipal Licensee to an Approved Sub-licensee (c) not make any representations, warranties, or hereunder 1S made to Approved Sub-Licensee guarantees concerning the Products, Derivative pursuant to applicabJe protection of privacy and Products, Resulting Products and Bundled Products access to information legislation, Approved Sub- that are inconsistent with or in addition to those made Licensee shaH provide notice of such a request to by Licensor in this Agreement; .. Municipal Licensee and Licensor within five (5) (d) not provide for maintenance of Products, Derivative caJendar days of the request being made, and Products, Resulting Products and Bundled Products Approved Sub-Licensee shaH co-operate with after the termination or expiration of the OPMA; Municipal Licensee and Licensor in handling such a (e) expressly prohibit a Service Provider from request. sublicensing otherwise distributing or making . or 3.4 Survival of Approved Sub-Licensee's commercial use of the Products, Documentation, Sublicence A2reements. A Sublicence Agreement Derivative Products, Resulting Products and Bundled between an Approved Sub-Licensee and one of its Users, Products, or part thereof; and if it has properJy granted by Approved Sub-Licensee, and (f) not contain any fee or charge in consideration of such has not expired or been terminated (and neither party is sublicensing of the Products, Derivative Products, Page 6 of 22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 31,2004 ~ . < ResuJting Products and BundJed Products, except sublicensee and their users; on a cost recovery basis. (d) notwithstanding anything eJse in the Sub1icence 4.3 Survival of Sublicence with Service Agreement, the maximum, aggregate liability of the Provid'ers. Sublicensor and its suppliers to Sublicensor's (a) A Sublicence Agreement ,between a Municipal sub]icensees and their users or any other Person for Licensee and a Service Provider shall not survive any cause whatsoever reJated to the Products, termination of this Agreement. Derivative Products, ResuJting Products and Bundled (b) A Sublicence Agreement between an Approved Sub- Products shan not exceed the fees actually paid by' Licensee and a Service Provider shall not survive Municipal Licensee in the last 12 months under this 4 termination of the SubHcence Agreement between Agreement, if any; or, if no licence fees have been such Approved Sub-Licensee and Municipal paid, $ J, which limitation of liability shan' appJy Licensee. whether or not the liability results from a breach of a fundamental term or condition or a fundamental' - 5.0 GENERAL SUBLJCENCE AGREEMENT breach; and RESTRICTIONS (e) Sublicensor accesses records ti1ed with certain suppJiers and that the acknowledgements in this 5.] No Further lJse and Distribution. Except as section 5.2 are also to the benefit of, and can be reJied expressJy approved herein, no further use may be made on by, such suppJiers and shall survive expiration or of the Products, Documentation, Derivative Products and termination of the SubJicence Agreement. . BundJed Products and the Products, Documentation, 5.3 Notices. Any and all notices applied by or on Derivative Products and Bundled Products may not be behaJf of Licensor to the Products, incJuding notices marketed, published, distributed (electronically or relating to copyright or other inteHectual property or otherwise), Jicensed, rented, dealt with, shared in a time proprietary rights and Jimitation of Jiability shall be sharing arrangement or otherwise transferred, in the reproduced on all copies of the Products, Documentation, whole or in part, to any third party either voluntarily or Derivative Products, Resulting Products and Bundled by operation ofJaw. Products. Where hard copy products incJuding paper maps 5.2 No Warranties. Each SubJicence Agreement, are produced, the appJicabJe notifications set out in (other than those used for an Internet Service, which Product Sheets shall be placed thereon. The Municipal shal1 be m accordance the Internet Guidelines in Licensee and the Sublicensees shan not Jimit or derogate Appendix I) shaH contain an acknowledgement that: from the scope of the notices set out in Products, (a) the licensing party under the Sublicence Agreement Documentation and in appJicable Product Sheets. (the "Sublicensor") and its suppJiers make no 5.4 Standards. When subJicensing the Products, warranties with respect to the Products, Derivative Derivative Products, Resulting Products and Bundled Products, Resulting Products and BundJcd Products Products the Municipal Licensee and its Approved Sub- and that the Products, Derivative Products, Resulting Licensees shaH each: Products and Bundled Products are provided on an (a) not engage in any deceptive, misJeading, iJlegaJ, or "as is" and "as availabJe" basis, without any unethical practices that may be detrimental to warranties, representations or conditions, express or Licensor and its Suppliers or to the Products, implied including warranties, representations or Derivative Products, ResuJting Products and Bundied conditions of merchantable quality, fitness for a Products; particuJar purpose or non-infringement of third party (b) provide adequate support, technicaJ literature, and rights, or those arising by law or by usage of trade or such other assistance as may be necessary or course of dealing; appropriate to the use of the Products, Derivative (b) the entire risk as to the results and performance of Products, Resulting Products and Bundled Products; the Products, Derivative Products, Resulting and . Products and Bundled Products IS assumed by (c) comply with al1 appJicabJe laws and regulations Sublicensor's sublicensees and their users, relating to the marketing, licensing and promotion of (c) Sub licensor and its suppliers shall not have any the Products, Derivative Products, Resulting Products Jiability to its sublicensees, any Person or entity for and Bundled Products induding any appJicable any Joss of revenue, profit or savings, lost or privacy and access to information Jaws. damaged data, or other commerciaJ or economic . Joss, or any indirect, incidental, special or consequential damages whatsoever, even if Sublicensor and its suppliers have been advised of the possibility of such damages, or for claims of any nature by a third party against Sublicensor's Page 7 of 22 CONFIDENTIAL INFORMATION OF MUN1CIPAL PROPERTY ASSESSMENT CORPORATION This documem may not be copied or transmiHed withoulthe express wrinen consent of Municipal Property Assessment Corporation, General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 31,2004 I > 6.0 UPDA TES AND MAINTENANCE. the expense of Licensor, during normal business hours upon no less than five (5) days prior written notice. 6.1 Updates and Support.. Municipal Licensee Municipal Licensee shan maintain an such records for a acknowJedges that Licensor and its Suppliers are not period of at least five (5) years after the termination of this required to provide any updates, fixes, new versions, new Agreement. Municipal Licensee shan ensure an releases, maintenance and support for the Products to SubJicensees, other than Users, maintain all such records Municipal Licensee, SubJicensees or any other Person for a period of at Jeast five (5) years after the earlier of unJess expressly set out in a Product Sheet. expiration or termination of the reJated Sublicence 6.2 E:xc\usion. Notwithstanding section 6.1, Agreement. Licensor shan have the right to make copies of Municipal Licensee acknowledges that no maintenance such records at its own expense, provided that Licensor's .. shan be provided by Licensor for Products containing or right to audit the aforementioned business records may be based on the MP AC/MNR assessment parceJ fabric and exercised no more than once every caJendar year. Licensor crown parcel fabric after the earlier of expiration or win bear the cost of the audit unJess the audit determines terminatiqn of the OPMA. that accurate business records have not been maintained by - MunicipaJ Licensee or Approved Sub-Licensee in which 7.0 OWNERSHIP RIGHTS. case the MunicipaJ Licensee shan bear the cost of the Licensor's audit. 7.1 IP Acknowledt!ement. . MunicipaJ Licensee 8.2 Reports. MunicipaJ Licensee shan provide acknowJedges that: reports and other information with respect to the use and (a) the Products contain technicaJ information and sublicensing of Products, Documentation, Derivative commercial information and copyright, trade secret Products, Resulting Products and Bundled Products as may rights and other intenectual property and proprietary be requested by Licensor, including, without Jimitation, rights reside in the Products and Documentation; copies of Sub1icence Agreements entered into under this (b) Licensor and its Suppliers hold copyright and other Agreement. intelJectuaJ and proprietary rights in the Products and Documentation, and an right, title and interest in 9.0 DESCRIPTION OF PRODUCTS AND and to the Products and Documentation, including DOCUMENTATION AND DELIVERY. the Products as they may form part of Derivative Products, Resulting Products and BundJed Products, 9.1 Delivery; Product Description. Appendix 5 to and al1 modifications thereto wi1J at alJ times be this Agreement sets out the ejection by Municipal Licensee vested in and remain the property of Licensor and its to take delivery of some or an of the Products through SuppJiers (including the Government of Ontario who Teranet or Licensor. The Products and Documentation to may own or licence the Products); be delivered by Licensor to Municipal Licensee, if any, (c) no change made to Products or Documentation and the deJivery terms for each Product and reJated however extensive, shalJ affect or negate the titJe of Product support are described in the product sheet(s) Licensor and its Suppliers in the Products and attached to Appendix 5A. The Products and Documentation or any component of the Products Documentation to be delivered by Teranet to MunicipaJ incorporated into a Derivative Product, Resulting Licensee, if any, and the deJivery terms for each Product Product and a BundJed Product; and related Product support will be described in the (d) no ownership right in and to the Products and T eranet Delivery Agreement to be entered into between Documentation are transferred to MunicipaJ Teranet and the MunicipaJ Licensee (the "Teranet DeJivery Licensee; and Agreement"). A form of such T eranet Delivery (e) Licensor hereby reserves an copyright, trade secret, Agreement IS attached hereto as Appendix 5B for intelJectuaJ property and proprietary rights not reference purposes only, which form of agreement may be expressJy granted hereunder. changed by Teranet in its sole discretion from time to time without notice. A 8.0 REPORTS, BUSINESS RECORDS AND JNSPECTION. 10.0 PRICING AND INVOICES. . 8.1 Business Records. MunicipaJ Licensee shalJ 10.] Licence Fees. De\iverv and Support Fees and maintain and shall require its Approved Sub-Licensees to other Fees and Chart!es. The fees payable to Licensor for maintain accurate business records of all transactions the Products and services provided hereunder, incJuding . relating to the sublicensing of the Products, Derivative without limitation Products Licence fees and delivery and Products, Resulting Products and Bundled Products to support fees, are set out in Appendix SA attached hereto other Persons. Such records shall be open for inspection from time to time. Fees payabJe to Teranet for deJivery or audit by Licensor or its agents and representatives, at and support, if any, wi1l be set out in the Teranet Delivery Page 8 of 22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement- OPMA Assessment Mapping Data Products, Version] .0, March 3 J, 2004 Agreement. Agreement and secure return of aU copies of the 10.2 Pavment of Fees. UnJess stated otherwise in Products, Derivative Products, Resulting Products and this Agreement: (i) Licensor shan invoice Municipal Bundled Products within thirty (30) caJendar days of. Licensee. for the Products Licence fees, delivery and becoming aware of the occurrence of such default by support fees and other fees appliC3ble to this Agreement SubJicensee; annuaJly in. advance; (ii) an fees payabJe under this (d) any appJicabJe Jaw, reguJation, decision, order or Agreement shan be due and payabJe thirty (30) days government poJicy restricts or precludes the from the invoice date; and (iii) an fees payabJe under this coUection, use or discJosure of the Products or any Agreement are excJusive of freight and aH taxes, duties, part thereof by Licensor, orfhe use of or ~ccess to the . Jevies, assessments or charges now or hereafter Jevied or Products or part thereof by Licensor; imposed in any way whatsoever by the appropriate (e) any law, governmentaJ regul.ation or order is issued by authorities in the relevant jurisdictions. AH such fees and the office of the Privacy Commissioner of Ontario or taxes shaH be paid by Municipal Licensee to Licensor. the federal Privacy Commissioner restricts or 10.3 Currency. AH doHar amounts referred to in this precJudes the conection, use and/or discJosure of the Agreement or required to be paid under this Agreement Products, or any part thereof, or the use of or access to . are in the Jawful money of Canada. the Products; or ,. lOA Fees for Sublicences. Municipal Licensee shaH (1) anyone of Licensor's SuppJiers tenninates Licensor's be responsible for and bear an fees, charges and right to sublicense the Products, or any part thereof, expenses (incJuding taxes) related to its obtaining and hereunder. distributing the Products, Derivative Products, Resulting ]].3 Other Remedies. Municipal Licensee agrees that Products and Bundled Products to SubJicensees. any deaJings with the Products, Derivative Products, 10.5 Jnterest. If Municipal Licensee faiJs to make Resulting Products and BundJed Products in a manner any payment when due, then in addition to any other inconsistent with or in derogation of Licensor's ownership remedy available at law, MunicipaJ Licensee shaH pay or proprietary rights therein, by Municipal Licensee or a interest on any amounts outstanding together with Sublicensee, wouJd cause Licensor irreparabJe hann for accrued but unpaid interest thereon at an annual rate which monetary damages wouJd not be a sufficient or equaJ to the commercial Jending rate of interest that appropriate remedy. Licensor's banker quotes in Toronto as the reference rate of interest (commonly known as "prime") for the 12.0 REPRESENT A TIONS, WARRANTIES AND purpose of determining the rate of interest that it charges CONFIDENTIALITY. to its commercial customers for loans in Canadian funds; pJus one percent (1 %), calculated from the date such 12.1 General. Licensor and MunicipaJ Licensee payment is due to the date of payment and compounded represent and warrant to each other as fonows: monthly. (a) it has the power to and is authorized to enter into this Agreement; 11.0 TERM AND TERMINATION (b) the carrying out of this Agreement wi]] not breach or interfere with any other agreement which it has 11.1 Commenct'ment. This Agreement shaH entered into; and commence on the Effective Date and continue until (c) it wiIJ not enter into another agreement the carrying terminated in accordance with the provisions of this out of which would interfere with the carrying out of Agreement (the "Tenn"). this Agreement. 11.2 Termination of this A2reement. This 12.2 Confidentialitv. Privacy. Access to Information. Agreement, and any Licence granted hereunder shan The confidentiality of any material or infonnation terminate immediately in the event that: provided to Municipal Licensee under this Agreement, (a) MunicipaJ Licensee is in default of a material including, without limitation confidentiaJ information . obligation under this Agreement, and the default is concerning Licensor, the Products and Documentation may not cured within thirty (30) calendar days of be subject to the provisions of appJicable protection of receiving the notice from Licensor; privacy and access to infonnation legislation. Municipal (b) Municipal Licensee breaches any of its obJigations Licensee acknowledges that the Products were not created or covenants hereunder with respect to confidential by or for Municipal Licensee and it does not have the information, or infringes any copyright or other authority to reguJate the use of the Products and that it inteJlectuaJ property or proprietary rights in the does not have a statutory obJigation to conect or maintain Products; the Products. For the purposes of such applicable law, (c) a Sublicensee IS In defauJt of its Sub1icence Licensor and Municipal Licensee agree that discJosure of Agreement with MunicipaJ Licensee and MunicipaJ the Products, Derivative Products, ResuJting Products and Licensee fails to terminate the Sub1icence Bundled Products or any confidentiaJ information of Page 9 of 22 CONFIDENTIAL INFORMATION OF MUNICJPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 3 1,2004 , Licensor incJuding without Jimitation information revenue, profit or savings, lost or damaged data, or concerning Licensor, the Products or the Documentation other commercial or economic loss, or any indirect, in each case other than in accordance with the terms of incidental, special or consequential damages this Agreement, couJd significantJy , prejudice the whatsoever, even if such Indemnitee has been advised competitive position of Licensor in the marketplace or of the possibility of such damages, or for claims of any interfere significantJy with other contractual negotiations nature by a third Person against Municipal Licensee. of Licensor. Notwithstanding anything else in this Agreement, 12.3 Precautions. Municipal Licensee shall take all Licensor's maximum aggregate liability to Municipal reasonabJe precautions to prevent any confidentiaJ Licensee or any other Person for any cause whatsoever information or material provided to it by Licensor from related to this Agreement shall not exceed the license .. being used, accessed or acquired' by any unauthorised fees actually paid by Municipal Licensee, if any, in the Person or Persons. Municipal Licensee shall disclose twelve months preceding the date of any claim, or, if no Licensor's confidentiaJ information onJy' to such of its licence fee has been paid, $1. Municipal Licensee empJoye~s and agents as have a need to know for the acknowledges that Licensor accesses records filed with - purposes of this Agreement and are subject to obligations certain Suppliers and this section is included for the of confidence with respect thereto. benefit of, and can be relied on by, such Suppliers. This section shall apply whether or not liability results from 13.0 INDEMNITY, W ARRANTJES, AND a breach of a term or condition or a fundamental UMITATION OF LJABILJTY. breach of this Agreement. This section shall survive the termination ofthis Agreement. 13.1 Bv Municipal Licensee. MunicipaJ Licensee will indemnify, defend and save harmless Licensor and J4.0 GENERAL. its Affiliates and their Suppliers, and their respective officers, directors, agents, empJoyees and representatives J4.1 Notice. Any notice given in accordance with this (co]]ectiveJy, the "I ndemnitee") against: Agreement shall be in writing and the effective date of any (a) any cJaims that arise due to the use of the Products, such notice, if maiJed, shaH be the fifth (5Ih) business day Derivative Products, Resulting Products and fonowing the date of mailing date, if hand deJivered, sha]] BundJed Products by the Municipal Licensee, be the date of delivery, and if deJivered by facsimile Sublicensees or any other Person; transmission, shan be the first (J 51) business day following (b) any cJaims that arise from any breach of obJigations transmission (with confirmation copy mailed). The address of MunicipaJ Licensee and Sublicensees hereunder; for notice for the Licensor is as fo)Jows: MunicipaJ and Property Assessment Corporation, 1305 Pickering (c) any third party claims arising in connection with this Parkway, Pickering, Ontario LJV 3P2, Attention: Vice- Agreement; President, Customer Relations; telephone: (905) 837-6 190; and MunicipaJ Licensee wiJ] pay the resulting costs, facsimile: (905) 837-6280 with a copy to the Genera! damages, reasonable legal fees, penalties and expenses of Counsel, facsimile: (905) 837-6346 and the address for any kind whatsoever finaBy awarded. Municipal notice to the Municipal Licensee is to the business contact Licensee stands as surety for its Sublicensees. at the address or facsimile number set out on the face page 13.2 No Wan-anties And Limitation of Liabilitv. of this Agreement. M unicipaJ Licensee acknowledges that Indemnitee 14.2 Governin~ Law. This Agreement is made in the makes no warranties with respect to the Products and Province of Ontario and sha]] be construed and interpreted Documentation and that the Products and Documentation in accordance with the Jaws of the Province of Ontario. are provided on an "as is" and "as available" basis, The parties hereby attorn to the courts of Ontario for without any warranties, representations or conditions, resolution of any dispute hereunder. express or implied incJuding warranties, representations 14.3 Entire A2reement And Amendment. This or conditions of merchantable quaJity, fitness for a Agreement constitutes the entire agreement between the . particuJar purpose or non-infringement of third party parties pertaining to the subject matter hereof and rights, or those arising by Jawor by usage of trade or supersedes an prior agreements, understandings, course of deaJing. The entire risk as to the results and negotiations and discussions, whether oral or written, of performance of the Products and Documentation and the parties with respect to the subject matter hereof. This any Derivative Products, Bundled Products and Agreement shan not be amended or modified except in Resulting Products is assumed by Municipal writing and signed by authorized representatives of both Licensee, the Sublicensees and their respective users. parties. M unicipaJ Licensee further acknowledges that 14.4 Assi1?,nment. This Agreement, and any of Indemnitee shall not have any liabilit;y to Municipal MunicipaJ Licensee's rights and obligations hereunder, Licensee or any other Person or entity for any loss of shalJ not be assigned or transferred in whole or in part Page 10 of22 CONFIDENTIAL JNFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may nOI be copied or transmitted withoulthe express written consent of Municipal Propeny Assessment Corporation. General Municipal Licence Agreemenf - OPMA Assessmenr Mapping Dara Products, Version 1.0, March 31,2004 without the prior written consent of Licensor. Any perfonnance is excused by reason of force majeure must change of control of Municipal Licensee shaH be deemed give prompt written notice to the other party specifying the to be an assignment of this Agreement. This Agreement condition or event constituting, same in which case both' wiJI eriure to the benefit of and be binding upon the parties' obJigations pursuant to this Agreement shan be parties and their respective Approved successors and suspended during such period.' Upon cessation of such assigns. force majeure, such party shaH give like notice and 14.5 Severability And Waiver. Wherever possible, commence perfonnance hereunder as promptly as each provision of this Agreement shan be interpreted in reasonably practicable. If the condition or event ' such a manner as to be effective and valid pursuant to constituting forc(! majeure persists for more ~han 30 days appJicable laws, and if any provision of this Agreement after such notice, either party may tenninate this wouJd be prohibited by or invaJid pursuant to such Agreement by written notice to the other party. For the appJicabJe laws, such provision shaH be ineffective only purposes hereof, "force majeure" shall mean any cause to the extent of such prohibition or invalidity without that is beyond the reasonable controJ of the party c1aiming , invalidating the remainder of such provision or the the force majeure and which is affecting performance by remaining provisions of this Agreement. No waiver of such party but does not include a failure to make payments any breach of this Agreement shall operate as a waiver of under this Agreement. any similar subsequent breach or any breach of any other 14.12 Lan2ual?e. The parties have requested that this provision of this Agreement. Agreement and an communications and documents ]4.6 Relationship Of The Parties. This Agreement reJating hereto be expressed in the EngJish language. Les does not make any party the agent of the another party. parties ont exige que Ja presente convention ainsi que tous No party may create an obligation on behalf of another documents s'y rattachant soient rediges dans 1a Jangue and no joint venture or partnership between the parties is angJaise. created or intended hereby. 14.13 Ril?hts Cumulative. The parties agree that their 14.7 Headines. Headings used in this Agreement respective rights and remedies in this Agreement shaJl be have been inserted for convenient reference onJy and independent and cumulative and no remedy contained shaH not be used in the interpretation of and do not form herein is intended to be exdusive but shall be in addition a substantive part of this Agreement. to every other remedy contained herein and that the taking 14.8 Survival. All sections intended to surVIve, of a judgement or judgements with respect to any of the induding alJ warranties, indemnities and confidentiality covenants contained herein shaH not operate as a merger of covenants, shaH survive the termination of this any of the other covenants contained in this Agreement. Agreement. 14.14 Further Assurances. The parties shall execute, ]4.10 Publicity. Municipal Licensee shall not acknowJedge and deliver aJl 'such further assurances, pubJicize this Agreement or issue any press releases with instruments and documents and take such actions that may respect thereto without the written approvaJ of Licensor. be necessary or appropriate in order to carry out the intent 14.11 Force Majeure. Neither party shall be under and purposes of this Agreement. any liabiJity to the other as a resuJt of any delay or 14.15 Time Of The Essence. Time shall be of the default in carrying out its obligations hereunder which is essence in this Agreement. due in whole or in part to an event of force majeure. A party who contends that its obligation is suspended or its END . Page]] of22 CONFIDENTIAL INfORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied Or transmitted without the express written consent of Municipal Property Assessment Corporation. Genera) Municipal Licence Agreement- OPMA Assessment Mapping Data Products, Version 1.0, March 31, 2004 GENERAL MUNICIPAL LICENCE AGREEMENT APPEND1X 1 INTERNET GUIDELINES 1.0 DEFINITIONS. name incJuding the words "I have authority to bind the In this Appendix J the folJowing capitalized words shan foregoing") and cJicking on the "I accept" button below. have the meanings ascribed to them below: The tenus "You" and "User" as used herein refers to the ~ "Displaying Entity" means the Municipal Licensee, or name inserted prior to clicking on the "I accept" button. an Approved Sub-Licensee, who wishes to provide an (b) Grant of Licence. (Insert name of Displaying Internet Service to its Users; Entity] ("Licensor") hereby grants to You a non- "Interne~ Service" means the display or communication excJusive, non-transferrable (perpetual) licence to view - by a Displaying Entity of the Products" Derivative and print asingJe copy of the material on the/insert name Products, Resulting Products and BundJed Products, or of the Internet Service] web site (the "Site Products") part thereof, on a Site to its Users; soJely for User's personaJ, non-commercial use. "Site" means any site on the Jntemet where the Internet INote: This licence does not have to be a perpetual Service can be accessed by Users; and licence. It is up to the Displaying Entity granting the "User" means one or more of those Persons who will be licence to decide.) accessing and using an Internet Service (c) Licence Restrictions. UnJess otherwise specified User may not copy, modify, distribute, transmit, display, 2.0 NOTICE OF PROPOSED INTERNET reproduce, publish, 1icense, create derivative works from, SERVICE. link to or frame in another website, use on any other website, transfer or se]] the Site Products in whole or in 2.] Process. If a DispJaying Entity wishes to part either voJuntariJy or by operation of law. The provide an Internet Service, it shaH notify Licensor and foregoing prohibition expressJy incJudes, but is not Jimited provide the foJJowing infonuation using the Notice of to, the practice of screen scraping, database scraping or Internet Service attached hereto. any such practice or activity; the purpose of which is to obtain data or ponions thereof, portions of databases from 2.2 Nominal Fee. DispJaying Entity cannot charge the Site, in any manner or any quantities not expressJy any fee(s) in connection with the Internet Service other authorized hereunder. than a nominal service fee aimed solely at cost recovery (d) Maintenance of Data. User hereby of its effort,s to provide the Internet Service. acknowledges that Licensor and its suppliers are not required to provide any updates, fixes, new versions, new 3.0 KEY TERMS OF USE. releases, maintenance andlor support of any kind for the 3.1 Terms. If a DispJaying Entity provides an Site Products to Users. Internet Service on a Site, the Displaying Entity must INote: If a Displaying Entity wants to, it can amend also display on the Site provisions substantiaJly similar this section to specify that it will provide some form of to those set out below. Without Jimiting the generality of maintenance, but only with respect to those portions of the foregoing, each Displaying Entity shaH post the the Site Products that it owns.] provisions below in a reasonably conspicuous manner on (e) Ownership. User acknowledges that: the Site in accordance with industry practice, which shall (i) the Site Products contain technical include posting a text link labelled "Tenus of Use" information and commercial information and linked to the provisions on the homepage of the Site. copyright, trade secret rights and other Each DispJaying Entity shaH also require each User of intellectual property and proprietary rights - the Site to agree to be bound by all of the provisions set reside in the Site Products; out below, prior to permitting such User to access and ( ii) Licensor, and its suppJiers, hold copyright make use of the Internet Service and view the Products, and other intellectual and proprietary rights Derivative Products, Resulting Products and BundJed in the Site Products and an right, title and - Products. interest in and to the Site Products and all (a) Acceptance. To use the linsert name of modifications thereto wiJI at a]) times be Internet Service), You must agree to the following vested in and remain the property of Licensor terms and conditions (the "Tenus and Conditions") by and its suppliers; fining in your name (or, in the case of a company, (iii) no ownership rights in and to the Site partnership, joint venture or other entity, its full legaJ Products are transferred to User; Page 12 of22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation, General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version J .0, March 3 J, 2004 . (iv) Licensor hereby reserves an copyright, OF THE FEES PAID BY USER, IF ANY, IN THE trade secret, and other intel1ectual property TWELVE MONTHS PRECEDING THE DATE OF ANY and proprietary rights not expressJy granted CLAIM, AND IF NO LICENCE FEES HAVE BEEN" hereunder; and PAID, $1. THJS SECTION SHALL APPLY WHETHER (v) \ disclosure of the Site Products by User OR NOT THE LIABILITY" RESULTS FROM A wouJd significantJy prejudice the BREACH OF A TERM OR CONDITJON, OR A competitive position in the marketpJace of FUNDAMENTAL BREACH 6F THIS AGREEMENT. Licensor or its suppliers or interfere THIS SECTJON SHALL SURVIVE THE" significantly with other contractuaJ TERMINATION OR EXPIRY OF THIS AGREEMENT. . negotiations of Licensor or its SuppJiers. (g) Assignment. User may not assign this (I) No Warranties/Limitation Of Liability. Agreement or any of its rights and obJigations hereunder Licensor and its suppJiers makes no warranties with without the prior written consent of Licensor. respect to the Site Products, and User acknowledges the (h) T ermi nation. This Agreement, and any . Site Products are provided on an "as is" and "as Jicence granted hereunder shaH teiminate immediately in avaiJabJe" basis, without any warranties, representations the event that: , or conditions, express or impJied induding warranties, (i) User is in default of a materiaJ obJigation representations or conditions of merchantable quaJity, under this Agreement; fitness for a particular purpose or non-infringement of (ii) User breaches any of its obJigations or third party rights, or those arising by Jawor by usage of covenants hereunder with res.pect 'to trade or course of deaJing. The entire risk as to the confidentiaJ information, or infringes any results and performance of the Site Products is assumed copyright, trade secret or other intellectual by User. LJCENSOR AND ITS SUPPLIERS, property or proprietary rights in the Site AGENTS, EMPLOYEES, AND REPRESENTATIVES Products; or SHALL NOT HAVE ANY LIABILITY TO USER OR (iii) " any appJicable law, reguJation, decision, ANY OTHER PERSON OR ENTITY FOR ANY LOSS order or government poJicy restricts or OF REVENUE OR PROFIT OR SA VJNGS, LOST OR predudes the col1ection, use or discJosure of DAMAGED DATA, OR OTHER COMMERCIAL OR the Site Products Or any part thereof by ECONOMIC LOSS OR ANY INDIRECT, Licensor, or the use of or access to the Site INCJDENT AL, PUNITIVE, SPECIAL OR Products or part thereofby User. CONSEQUENTJAL DAMAGES WHATSOEVER, On termination of this Agreement, User shaH cease using EVEN IF LICENSOR HAS BEEN ADVJSED OF THE the Jicensed Site Products and, at the request of Licensor, POSSJBILJTY OF SUCH DAMAGES, OR FOR shal1 destroy any copy of the Site Products in its CLAJMS BY A THIRD PARTY AGAINST USER. possession and certify that the Jicensed Site Products have NOTWITHST ANDING ANYTHING ELSE IN THJS been purged from an of User's computer systems, and al1 AGREEMENT, THE MAXJMUM AGGREGATE hardcopy materials produced from the licensed Site LIABILITY OF LICENSOR AND ITS SUPPLIERS TO Products have been destroyed. THE USER OR ANY OTHER PARTY FOR ANY CAUSE WHATSOEVER RELATED TO THE SITE End PRODUCTS SHALL NOT EXCEED THE AMOUNT - Page I3 of22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of MunicipaJ Property Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version J .0, March 3 J. 2004 GENERAL MUNICIPAL LICENCE AGREEMENT APPENDIX 1: INTERNET GUIDELINES FORM OF NOTICE OF INTERNET SERVICE Date: June'I, 2004 Notice of Internet Service To: ,Municipal Property Assessment Corporation 1305 Pickering Parkway Pickering, Ontario Ll V 3P2 , Attention: Vice-President, Customer ReJations - 1. Name, address of the 1M unicipal Corporation of the County of Simcoe - Licensee/Approved Sub-Licensee) J] 10 Highway 26 Midhurst ON LOL JXO 2. Name of Internet Service: Discover Simcoe 3. Site Address: http://www.maps.discoversimcoe.com 4. The Products, Derivative Products, Digital Ownership Parcel Fabric,DigitaJ Assessment Parcel Fabric, Ortho- Resulting Products and Bundled rectified Aerial Photography, Simcoe County SingJe Line Road Network, Products to be viewed by Users through Various Official Plan Land Use Designations, County Forests, various the Internet Service, the functionality of MNR OBM layers, and assorted mapped assets of the County of Simcoe the Internet Service application, the and its partner agencies wi]] be dispJayed to the public using an ESRI manner of display or communication ArcJMS image map service and the intended Users: 5. Copy to: Teranet Enterprises Inc This Notice of Internet Service is given by The Corporation of the County of Simcoe this day of ,200_. For the Corporation of the County of Simcoe . ~,/~ DATE GJen Knox, CJerk . I have authority to Bind The Corporation of the County of Simcoe /~~a) - George Mac nald, arden DATE ] have authority to Bind The Corporation ofthe County of Simcoe Page J4 of22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation, Genera! Municipal Licence Agreement- OPMA Assessment Mapping Data Products, Version 1.0, March 31,2004 GENERAL MUNJCJPAL LJCENCE AGREEMENT APPENDJX 2 LJST OF MUNJCJPAL LJCENSEE DJGITAL PRODUCTS Date: June 1,2004 . Simcoe County Official Plan . Simcoe County Single Line Road Network . Simcoe County Municipal Boundaries . Simcoe County Bridges and Culverts . Simcoe County Billboard Signs . Simcoe County Proposed Roads Construction . Simcoe County Roads Construction History . Simcoe County Road Signs . Simcoe County Forest Stand Typing - - Page 15 of22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipa! Property Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 3 J, 2004 . GENERAL MUNICIPAL LICENCE AGREEMENT APPENDIX 3: LIST OF APPROVED SUB-LICENSEES I Date: June 1, 2004 .. . 1.0 Description of Territorv ., .' The County of Simcoe . 2.0 List of Approved Sub-Licensees. The Corporation of the Township of Adjala-Tosorontio - The Corporation of the City of Barrie The Corporation of the Town of Bradford West Gwillimbury , The Corporation of the Township ofClearview The Corporation of the Town ofCol1ingwood The Corporation of the Township of Essa The Corporation of the Town ofInnisfil The Corporation of the Town of Midland The Corporation of the Town of New Tecumseth The Corporation of the City of Orillia The Corporation of the Township ofOro-Medonte The Corporation of the Town ofPenetanguishene The Corporation of the Township ofRamara The Corporation of the Township ofSevem The Corporation of the Township of Spring water The Corporation of the Township ofTay The Corporation of the Township of Tiny The Corporation of the Town ofWasaga Beach The Simcoe County District Health Unit Community Care Access Centre Simcoe County Simcoe County District School Board Simcoe Muskoka Catholic District School Board - Page] 6 of 22 CONFJDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Dala Products. Version 1.0, March 31,2004 GENERAL MUNICIPAL LICENCE AGREEMENT APPENDIX 4: FORM OF SUBLICENSING REPORT Date: June J, 2004 Sublicensing Report . To: MlInicipalProperty Assessment Corporation ] 305 Pickering Parkway Pickering, Ontario L 1 V 3P2 2. Name of Approved Sub-Licensee: The Corporation of the Township of Adjala- Tosorontio The Corporation of the City of Barrie Tbe Corporation of the Town of Bradford West GwHlimbury The Corporation of the Township of Clearview The Corporation of the Town of CoJlingwood The Corporation of the Township of Essa The CorporatiDn of the Town of Innisfil The Corporation of the Town of Midland The Corporation of the Town of New Tecumseth The Corporation of the City of Orj))ia The Corporation of the Township of Oro-Medonte The Corporation of the Town of Penetanguishene The Corporation of the Township of Ramara The Corporation Df the Township of Severn The Corporation of the Township of Springwater The Corporation of the Township of Tay The Corporation of the Township of Tiny The Corporation of the Town ofWasaga Beach The Simcoe County District Health Unit Community Care Access Centre Simcoe County Simcoe County DistrictSchool Board Simcoe Muskoka Catholic District School Board 3. Approved Sub-Licensee address, Township of Adja]a-Tosorontio telephone and facsimile number 7855 30th Side Road, RR#] and e-mail address: AJJiston ON L9R IV1 (705) 434-5055, fax Fax: (705)434-505] City of Barrie 70 Co]]ier Street, PO Box 400 Barrie ON L4M 4T5 705-739-4220 Ext. 4595, fax 705-739-4263 Town of Bradford-West GwiJlimbury Box ] 60 Bradford-West Gwillimbury ON L3Z 2A8 775-5366, fax 775-0]53 Page 17 of 22 CONFIDENTIAL INFORMA TI0N OF MUNICIPAL PROPERTY ASSESSMENT CORPORA TION This document may not be copied or transmitted without the express written consent of Municipal Propeny Assessment Corporation. General MuniCipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 31, 2004 Township ofCJearview Box 200 Stayner ON LOM ] SO 428-6230, fax 428-0288 , Town ofCoJJingwood Box] 57 Co]]jngwood ON L9Y 3Z5 ~ 445-] 030, fax 445-2448 ., I Township ofEssa - Box ] 0 Angus ON LOM ]80 424-9770, fax 424-2367 Town ofInnisfiJ - Box 5000 , Stroud ON LOL 2MO 436-3710, fax 436-7]20 Town ofMid]and 575 Dominion Ave Mid]and ON L4R ] R2 526-4275, fax 526-997] Town of New Tecumseth Box 9] 0 AJJiston ON L9R ]AJ 435-62 J 9, fax 435-2873 City of OrilJia 50 Andrew Street South OriJJiaON L3V 7T5 (705) 325-227], fax (705) 329-2670 Township of Oro-Medonte Box 100 Oro ON LOL 2XO 487-2171, fax 487-0133 Town of Penetanguishene Box 580 Penetanguishene, ON LOK J PO 549-7453, fax 549-3743 Township of Ramara Box ]30 Brechin ON LOK ] BO - 484-5374, fax 484-0441 Township of Severn Box 159 - Orillia ON L3V 6J3 325-23]5, fax 327-58]8 Page]80f22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted wilhoulthe express written consent of Municipal Propeny Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 31,2004 I Township of Springwater J 11 0 Highway 26 Midhurst ON LOL lXO 728-4784, fax 182-6957 Township ofTay Box J 00, Park St. Victoria Harbour ON LOK lAO 534-7248, fax 534-4493 Township of Tiny R.R.#J PerkinsfieJd ON LOL 2JO 526-4204, fax 526-2372 Town ofWasaga Beach Box no Wasaga Beach ON LOL 2PO 429-3844, fax 429-6732 Simcoe County District Health Unit 15 SperJing Drive Barrie ON L4M 6K9 72J-7330 ext 227, fax 721-J495 Community Care Access Centre Simcoe County J 5 Sperling Drive Barrie ON L4M 6K9 726-0039, fax 792-6294 Simcoe County District School Board J J 70 Highway 26 Midhurst ON LOL JXO 728-7570, fax 728-2265 Simcoe Muskoka CathoJic District SchooJ Board 46 AIJiance Boulevard Barrie ON L4M 5K3 722-3555, fax 737- J 297 4. Description of Products, Digital Ownership Parcel Fabric, DigitaJ Assessment Parcel Fabric and may be Derivative Products, Resulting deJivered with the following bundled data Simcoe County SingJe Line Road Products and Bundled Products Network, Simcoe County Civic Address Points, Simcoe County Forests, Simcoe licensed to Approved Sub- County GreenJands, MNR OBM layers, SoiJ Classification layer, Ortho- Licensee: rectified Aerial Photography. 5. Term of the Licence (select one) Perpetual Page J9 of22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted withoui the express written consent of Municipal Property Assessmeni Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, Marcil 31,2004 . This SubJicensing Report is approved by Municipal Licensee this For the Municipal Licensee J;, f $0 Glen Knox, Clerk - .. DATE ] have authority to Bind Municipal Licensee - ~"'~-.0?~~ George M onaJd,. arden DATE - ] have authority to Bind Municipal Licensee - Page 20 of 22 CONFIDENTIAL INFORMATION OF MUNICJPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 31, 2004 , GENERAL MUNICIPAL LICENCE AGREEMENT APPENDIX 5 DELIVERY All Products will be delivered by Teranet . Page 2] of22 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Propeny Assessment Corporation. Gcneral Municipal Licence Agreement - OPMA Assessment Mapping Data Products, Version 1.0, March 31,2004 . GENERAL MUNICIPAL LICENCE AGREEMENT APPENDIX SA MP AC PRODUCT SHEETS, FEE SHEET AND RELA TED TERMS AND CONDITIONS .. ., , - , - - Page 22 of 22 CONFIDENTIAL INfORMATION Of MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without 1he express written consen1 of Municipal Property Assessment Corporation. General Municipal Licence Agreement - OPMA Assessment Mapping Data ProdUC1S, Version 1.0, March 3 J, 2004 - Product Description Teranet Enterprises Inc. ONT ARlO PARCEL ASSESSMENT CAD DATA (Mapped Areas I AutoCAD DWG/DXF) PRODUCT OVERVIEW This product consists of digital assessment parcel data rDAPF") in AutoCAD format. It~consists of two data bundles: . DAPF - Assessment Parcel Boundary Data . DOPF - Supporting data. DAT A FEATURES This product includes, where available, features from two data bundles. The features are listed in the following tables: Note that some of the DOPF Supporting Data features listed in the following table are only available in areas where the POLARIS@ mapping specification is used. These are noted in the descriptions below. The internal fabric of the plan is not Page 1 January 2, 2004 @ 2003. 2004 Teranet Enterprises Inc. Teranet. POLARIS. Teraview. and the Gateway design are registered trade-marks and e-reg is a trade-mark of T era net Inc. OPI. GeoWarehouse and GeoServer are registered trade-marl<.s and Ontario Parcel is a trade-marl<. of Teranet Enterprises Inc. All rights reserved. Other trade-marks and trade names are the property of their respective owners. All rights reserved. Not to be copied without permission. Product Description T era net Enterprises Inc. ONTARIO PARCEL ASSESSMENT CAD DATA (Mapped Areas I AutoCAD DWG/DXF) land locked parcels and major water and sewer easements. Types of easements which are not captured include utility easements which provide access to individual properties, mutual driveways, minor water and sewer easements, tem orar ri hts of wa and easements. Text to describe the easement (e.g., 'UNION GAS EASEMENT'). - The limits of First Nations lands. Text to identify First Nations lands. The limits of township lots, etc. Text to describe the township fabric (e.g., 'LOT 3', 'CONCESSION 12') (POLARIS specification only.) Surveyed lines used when constructing the primary ground control for POLARIS s ecification ma in . (POLARIS specification only.) Surveyed points used when constructing the ground control for POLARIS 5 ecification ma in . The boundaries of leasehold interests to which the LRO has assigned a PIN. These may include leased water lots, cottage lots, air parcels and units within a shopping man. In some cases, the leasehold parcel boundaries will match the ownership parcel to which it is related. In other cases, the leasehold arcel boundaries ma re resent the actual limits of the arcel. The 9 digit PIN assigned by MCSS to leasehold parcels. The boundaries of limited interests (such as mining rights, timber rights, oil and gas leases, etc.) to which the LRO has assigned a PIN. In the case of three dimensional limited interest parcels, only the projection of the outermost limits of the arcel on the earth's surface are ma ed. The 9 digit PINs assigned by MCSS to limited interest parcels. Text to identif the lots, etc. on a munici al Ian. (POLARIS specification only.) The limits of parts, blocks, etc, on plans other than subdivision plans, - condominium lans, reference lans and munici al lans. Text to identify an 'other plan' (e.g., 'REGISTRAR'S COMPILED PLAN 125', 'EXP PLAN 1209' . The limits of cities, towns, incorporated villages and municipal townships. - Text to identify political boundaries (e.g. 'LIMIT OF THE CITY OF BARRIE'). This data ma be incom lete. Page 2 January 2, 2004 @ 2003, 2004 Teranet Enterprises Inc. Teranet, POLARIS. Teraview, and the Gateway design are registered trade-marks and e-reg is a trade-mark of Teranet tnc. OPI, GeoWarehouse and GeoServer are registered trade-marks and Ontario Parcel is a trade-mark of T eranet Enterprises Inc. All rights reserved. Other trade-marks and trade names are the property of their respective owners. All rights reserved. Not to be copied without permission. Product Description Teranet Enterprises Inc. ONTARIO PARCEL ASSESSMENT CAD DATA (Mapped Areas I AutoCAD DWG/DXF) Part Ian. Some villages e. ., 'GRAND RIVER' . DAT A COVERAGE The intent with assessment mapping is to map only assessable parcels. One major category of land which is not assessed is roads. Thus, in southern Ontario and the settled parts of northerh Ontario, assessment mapping appears as blocks of land separated by the road pattern. In the unsettled areas of the north, most assessable parcels will coincide with certain types of Crown parcel and assessment maps will appear as islands of parcels within large areas where there are no assessment parcels. Assessment parcels are generally created for railways and these are generally broken by roads, rivers and Map Block boundaries. All railway parcels which fall within ont3 municipality and which have the same owner may receive the same ARN. PARCEL IDENTIFIERS For assessment parcels, the identifier is called the Assessment Roll Number (ARN). This is a 15 or 20 digit number. 20 digit numbers are used only for condominium ground parcels. The ARN is a geographically structured number and is defined by MPAC as follows: . Digits 1 - 2 = the county number; . Digits 3 - 4 = the municipality number; . Digits 5 - 7 = the 'map' number; . Digits 8 - 10 = the 'subdivision' number; . Digits 11 - 15 = the parcel number. ARNs may be re-used. When a parcel is split, the old ARN may be used for one of the new parcels. Contact MPAC for more information about ARNs. Page 3 January 2, 2004 @ 2003,2004 Teranet Enterprises Inc. Teranet, POLARIS. Teraview, and the Gateway design are registered trade-marks and e-reg is a trade-mark of T eranet Inc. OPI, GeoWarehouse and GeoServer are registered trade-marks and Ontario Parcel is a trade-mark of T eranet Enterprises Inc. All rights reserved. Other trade-marks and trade names are the property of their respective owners. All rights reserved. Not to be copied without permission. I Product Description Teranet Enterprises Inc. ONT ARlO PARCEL ASSESSMENT CAD DATA (Mapped Areas I AutoCAD DWG/DXF) DATA MODEL FOR PARCEL DATA The data model used for storing the parcel data is what is referred to as the 'boundary - centroid' model. This means that, for a given parcel, all of the parcel's boundaries are stored as individual lines and arcs. In addition, a text element representing the parcel's identifier (ARN) is stored inside the parcel's boundaries. One of the results of this model is that each boundary is stored only once, even though it is usually required to define two parcels. CONDOMINIUMS - There is no attempt to map the individual units within a condominium development. A single parcel is created to represent the entire condominium development. A special ARN is assigned to the parcel representing the entire condominium development. This ARN is a 20 digit number instead of the usual 15. The units within the condominium will all have 15 digit numbers in OASYS (MPAC's assessment system). However, these 15 digit numbers will not appear on the map. The first 10 digits will be the same for all units within the development. The 20 digit number consists of: . The 10 digits common to the start of all ARNs within the development; . The last 5 digits of the lowest ARN in the development; . The last 5 digits of the highest ARN in the development. In some cases, the set of ARNs within a single condominium development can not be defined by a single range as described above. In such cases, one or more "secondary condo range ARNs" is used. POINT PARCELS During the process of initially mapping the assessment parcels, some parcels, were represented in the source data as points. These are depicted in the digital mapping as square parcels with 20 meter sides. These mostly occur in northern Ontario where some of the source mapping was very small scale. ASSESSMENT PARCELS MAY STRADDLE MAP BLOCKS Map Block boundaries are largely defined in terms of ownership parcel boundaries. Thus, it is possible that an assessment parcel could straddle 2 Map Blocks. The assessment parcel is stored with the block in which the majority of its areas falls. If there are adjoining assessment parcels in the adjacent Map Block, the common boundaries will be duplicated in the 2 Map Blocks. - PRODUCT CONSTRAINTS Notwithstanding this Product is provided "as is" and "as available", knowledge of the following will assist in understanding the data found within this Product. - The data is an index to assessment parcels. The data is not survey quality and should not be used to define boundaries on the ground, or be relied on to calculate accurate areas of properties or depths or frontages of Page 4 January 2, 2004 @ 2003,2004 Teranet Enterprises Inc. Teranet. POLARIS, Teraview, and the Gateway design are registered trade-marks and e-reg is a trade-mark of T eranet Inc. OPI, GeoWarehouse and GeoServer are registered trade-marl<s and Ontario Parcel is a trade-mark of Teranet Enterprises Inc. All rights reserved. Other trade-marks and trade names are the property of their respective owners. All rights reserved. Not to be copied without permission. - Product Description T eranet. Enterprises Inc. ONT ARlO PARCEL ASSESSMENT CAD DAT A (Mapped Areas J AutoCAD DWGJDXF) lots. The data is not a substitute for a legal survey and should not be used for applications that require highly accurate positional data. Since the accuracy (in POLARIS specification areas) depends on the amount and quality of survey and control data. the accuracy can vary significantly over short distances. These variations may not be apparent to the casual user, but may show up when the map is overlaid on high quality orthoimagery.'. . Teranet depends entirely on MPAC to define assessment parcels, assign ARNs and provide input for assessment parcel changes. In addition, assessment boundaries may not coincide with ownership boundaries since these are defined independently by MPAC and MCSS and differences may result from differing business requirements and differences of interpretation. The names of such entities as roads, railways, villages, rivers, etc. may be inconsistent. with those shown on other mapping since Teranet is dependent on the source data from MCSS and to a lesser extent, MNR and MPAC for this information. One of the coordinate options offered for delivery is.unprojected latitude and longitude. Teranet stores the data in the Lambert Conic Conformal (LCG) projection. Clients who request data in unprojected latitude and longitude coordinates need to be aware that there are limitations in the capabilities of currently available commercial software for transforming between a projected coordinate system (such as LCC) and an unprojected system such as latitude and longitude. These limitations can lead to some fairly severe distortion of the data and this is especially noticeable with arcs. Teranet stores all arc data as mathematical arcs. For the purposes of delivering polygons. the arcs are stroked into line strings. The transformation process from projected to unprojected coordinates may yield very different results for the stroked and unstroked version of the arc. Where polygons are provided, the polygon data is derived from the corresponding boundary data. The polygonisation process involves generalisation of the data (e.g., from mathematical arcs.to line strings). It also involves the use of third party software over which T eranet has no control. As a result, polygons will generally not be a completely faithful reproduction of the underlying boundary data. PRODUCT OAT A SYMBOLOGY (AutoCAD DWGIDXF) The data will be delivered with the following AutoCAD DWG/DXF symbology: ...iL~y.ca,",. 57 150 0 Continuous Standard . 61 2 0 Continuous Standard 49 150 0 Continuous N/a 27 140 0 Hidden N/A 28 140 0 Continuous Italic 43 11 0 Dot N/A Page 5 January 2, 2004 @ 2003. 2004 Teranet Enterprises Inc. Teranet, POLARIS, Teraview, and the Gateway design are registered trade-marks and e-reg is a trade-mark of Teranet Inc. OPI, GeoWarehouse and GeoServer are registered trade-marks and Ontario Parcel is a trade-mark of T eranet Enterprises Inc. All rights reserved. Other trade-marks and trade names are the property of their respective owners. All rights reserved. Not to be copied without permission. , Product Description T era net Enterprises Inc. ONT ARlO PARCEL ASSESSMENT CAD DATA (Mapped Areas I AutoCAD DWG/DXF) .. 1:~:\':'~~~~fr,S,:II:;"..c:~iR9~:J:' ID'iaitl%~tioat~i;~:8;;;ir;"2EM'>::'.J,;j!?i,:,.:';' 19 var var var var I Ease.me-qt"&riat11S"i61w3; Jjmihf::?4,j,;:: 13 202 0 Hidden N/A IEaseme'nf&i,Qt1(s:ciif!wa:texh5f.~.;~i;~;#;:; 14 202 0 Continuous Standard '~~~::~:;:::1;'~:::::~i~~ji.::J~~~;~;::;{~;;~:~.:';: ~:g 01.~5 con~~~ous I~~~ ~ GeO'afapnictownst:iip;1tib.rj#1imit~~':,,;gj 3 27 0 Dashed N/A Ge6i'rra'pfiic toWn'sfiii);tatir1(:te~t~j':~;[i;1S 4 27 0 Continuous Standard 'Giound'i:bntrorJine::Wot)t;~ilitl~"0;~;"'~?:~jf!:;;' 40 11 0 Dot N/A I?Grolind":C'OntrolDo\Jf"I$:i(,~jjl;;jjj!~'~~~mjj':ii;:j,:({W' 41 11 5 Continuous N/A 'teasehola'oafC:el1)ofjnoaiiEi$~;:jj:';':'jg:i:j; 29 30 0 Dash dot N/A ':J.1'ease1iola'DarceIP'f!ls~~j:);(:2~'~~;~';)~S;~;?~t~; 37 30 0 Continuous Italic 'tlmit~ai':jnterestln~i~el":b'6rinilarie~~i~~~j 15 123 0 Divide N/A Iijrnitedi;jj1terest:'iDarci!rBJ"jS~~;3~jii(';;,*~;;r' 25 123 0 Continuous Italic "M""''''''''.':::'i~''r...' "1 ","Jt'e"~%:;;J,;;;;,;ff1ii"k,(ii)(')JX';')>:Mi-';:;X)i'.'~ 6 3 0 C t' St d d mai. t)~.'.~fi.11:J;;I.~. .an ,"I""N~;;"C:;i'IP;'1ii"\,;"",:,,.;,;;,;~;,<i);, 9 134 0 o~i~~~~us a~f,i~r 1.'OtfieTblaii . 10 134 0 Continuous Standard n;e8UtlcaJ.:l)ourioa+JjmltS;;m2;)l~~;T;i,';s;:;1 33 212 0.05 Centre N/A ;'P0'Iitid:it:bound8iV,led:jjf:f;;;~;;,};\,;/;;;", 34 212 0.05 Continuous Italic Ral\waV'Ja_dsnamiijj')i;;;f;i;';;;;~;;jj;;;;;:::';;:,;t'; 45 30 0 Continuous Italic Reference 7 220 0 Hidden N/A 'RR'o~~a~!~nna".~m'''~es''''';' ;,;:;'Jf,..""",,,,,,.,t":;4i;:..y,;,"';.:g'l'(,;,,'));,i;'.,;,;,,; 182 212100 00 CCoOnntt~lnn Uuoouuss Staltnad, I'ca rd '." , u . . ,~,:,<~':':rf;'""'~~O','.:~;<-8~';;~~;:r#t::\V>.,.:.:G.1:'+'>-::-~.:::~~ii:';:'-'-'~:~::i~"W:y;: ,SfrataPJl\Is ...';;,\;;;~!:.,\':):;~~m0;;;;;?;;:,;i 58 3 0 Continuous Italic 1<~LJP~ivi~i6n ~nd3myi)i;t;~p.~lp,!~f)}~j;;),j~kji,j 5 3 0 Hidden N/A ;'1i'@1t.'W.:t:;:".' .'. ...........;t');j;ri;1f1;!!1~q');~yWlf;S;;:~"';<t1:';..:.';'i.., Subtllvisionp1aJfte)(4;:;,,t',.:{' 6 3 0 Continuous Italic ~;:~eb:~~~~; '.' ~~ ~;~ g con~~~ous I~;~ Water body ~:5.5"4 32 150 0 Continuous Standard . Page 6 January 2, 2004 @ 2003, 2004 Teranet Enterprises Inc. Teranet, POLARIS, Teraview, and the Gateway design are registered trade-mati<.s and e-reg is a trade-mati<. of Teranet Inc. OPI, GeoWarehouse and GeoServer are registered trade-mati<.s and Ontario Parcel is a trade-mark of Teranet Enterprises Inc. All rights reserved. Other trade-marks and trade names are the property of their respective owners. All rights reserved. Not to be copied without permission. - Product Description Teranet'Enterprises Inc. ONT ARlO PARCEL ASSESSMENT CAD DAT A (Unmapped Areas I AutoCAD DWG/DXF) PRODUCT OVERVIEW This product consists of digital assessment parcel data ("DAPF") in AutoCAD format. It ~onsists of two data bundles: . DAPF - Assessment Parcel Boundary Data . DAPF - Supporting data. DAT A FEATURES This product includes, where available, features from two data bundles. The features are listed in the following tables: 'f~~~~~~w~~r\t~ii1t41 t Text to identify villages (e.g., 'VILLAGE OF FRANKFORD'). Some villages ma not be named. limi~~~k~iq~~ti The limits of lakes and rivers. ,~<!!~,j:,J?qc:i,Yn~m.@~~~{;':\' Text to identif lakes and rivers e. ., 'GRAND RIVER' . Page 1 January 2, 2004 @ 2003. 2004 Teranet Enterprises Inc. Teranet. POLARIS. leraview and the Gateway design are registered trade-marks and e-reg is a trade-mark of Teranet Inc. OPI, GeoWarehouse and GeoServer are registered trade-marks and Ontario Parcel is a trade-mark of Teranet Enterprises Inc. All rights reserved. Other trade-marks and trade-names are the property of their respective owners. All rights reserved. Not to be copied without permission. Product Description Teranet Enterprises Inc. ONTARIO PARCEL ASSESSMENT CAD DATA (Unmapped Areas I AutoCAD DWG/DXF) DATA COVERAGE The intent with assessment mapping is to map only assessable parcels. One major category of land which is not assessed is roads. Thus, in southern Ontario and the settled parts of northern Ontario, assessment mapping appears as blocks of land separated by the road pattern. In the unsettled areas of the north, most assessable parcels will coincide with certain types of Crown parcel and assessment maps will appear as islands of parcels within large areas where there are no assessment parcels. Assessment parcels are generally created for railways and these are generally broken by roads, rivers and - Map Block boundaries. All railway parcels which fall within one municipality and which have the same owner may receive the same ARN. PARCEL IDENTIFIERS For assessment parcels, the identifier is called the Assessment Roll Number (ARN). This is a 15 or 20 digit number. 20 digit numbers are used only for condominium ground parcels. The ARN is a geographically structured number and is defined by MPAC as follows: . Digits 1 - 2 = the county number; . Digits 3 - 4 = the municipality number; . Digits 5 - 7 = the 'map' number; . Digits 8 - 10 = the 'subdivision' number; . Digits 11 - 15 = the parcel number. ARNs may be re-used. When a parcel is split, the old ARN may be used for one of the new parcels. Contact MPAC for more information about ARNs. DATA MODEL FOR PARCEL DATA The data model used for storing the parcel data is what is referred to as the 'boundary - centroid' model. This means that, for a given parcel, all of the parcel's boundaries are stored as individual lines and arcs. In addition, a text element representing the parcel's identifier (ARN) is stored inside the parcel's boundaries. One of the results of this model is that each boundary is stored only once, even though it is usually required to define two parcels. CONDOMINIUMS There is no attempt to map the individual units within a condominium development. A single parcel is - created to represent the entire condominium development. A special ARN is assigned to the parcel representing the entire condominium development. This ARN is a 20 t digit number instead of the usual 15. The units within the condominium will all have 15 digit numbers in - OASYS (MPAC's assessment system). However, these 15 digit numbers will not appear on the map. The first 10 digits will be the same for all units within the development. The 20 digit number consists of: . The 10 digits common to the start of all ARNs within the development; Page 2 January 2, 2004 @ 2003. 2004 T eranet Enterprises Inc. T era net. POLARIS. T eraview and the Gateway design are registered trade-marks and e-reg is a trade-mark of T eranetlnc. OPI. GeoWarehouse and GeoServer are registered trade-marks and Ontario Parcel is a trade-mark of T eranet Enterprises Inc. All rights reserved. Other trade-marks and trade-names are the property of their respective owners. All rights reserved. Not to be copied without permission. . Product Description T erane\' Enterprises Inc. ONTARIO PARCEL ASSESSMENT CAD DATA (Unmapped Areas I AutoCAD DWG/DXF) . The last 5 digits of the lowest ARN in the development; . The last 5 digits of the highest ARN in the development. - In some cases, the set of ARNs within a single condominium development can not be defined by a single range as described above. In such cases, one or more "secondary condo range ARNs"., is used. POINT PARCELS During the process of initially mapping the assessment parcels, some parcels, were represented in the source data as points. These are depicted in the digital mapping as square parcels with 20 meter sides. These mostly occur in northern Ontario where some of the source mapping was very small scale. ASSESSMENT PARCELS MAY STRADDLE MAP BLOCKS Map Block boundaries are largely defined in terms of ownership parcel boundaries. Th~s, it is possible that an assessment parcel could straddle 2 Map Blocks. The assessment parcel is stored with the block in which the majority of its areas falls. If there are adjoining assessment parcels in the adjacent Map Block, the common boundaries will be duplicated in the 2 Map Blocks. VERY LARGE PARCELS Especially in northern Ontario, some very large parcels can occur. These are frequently associated with First Nations Lands and parks. Such very large parcels are stored separately from other parcels and any common boundaries between very large parcels and 'normal' parcels are stored twice. MAPPING IN THE FAR NORTH In parts of the far north of Ontario the density of assessment and Crown parcels can be very low. When the density drops below a certain level, only assessment and I or Crown parcel data is captured. No supporting data is captured. PRODUCT CONSTRAINTS Notwithstanding this Product is provided "as is " and "as available", knowledge of the following will assist in understanding the data found within this Product. The data is an index to assessment parcels. The data is not survey quality and should not be used to define boundaries on the ground. or be relied on to calculate accurate areas of properties or depths or frontages of lots. The data is not a substitute for a legal survey and should not be used for applications that require highly accurate positional data. Teranet depends entirely on MPAC to define assessment parcels, assign ARNs and provide input for assessment parcel changes. The names of such entities as roads, railways, villages, rivers, etc. may be inconsistent with those shown on other mapping since Teranet is dependent on the source data from MNR and MPAC for this information. Page 3 January 2, 2004 @ 2003,2004 Teranet Enterprises Inc. Teranet, POLARIS, Teraview and the Gateway design are registered trade-marks and e-reg is a trade-mark of Teranet Inc. OPI, GeoWarehouse and GeoServer are registered trade-marks and Ontario Parcel is a trade-mark of T era net Enterprises Inc. All rights reserved. Other trade-marks and trade-names are the property of their respective owners. All rights reserved. Not to be copied without permission. Product Description T era net Enterprises Inc. ONTARIO PARCEL ASSESSMENT CAD DATA (Unmapped Areas I AutoCAD DWG/DXF) One of the coordinate options offered for delivery is un projected latitude and longitude. Teranet stores the data in the Lambert Conic Conformal (LCC) projection. Clients who request data in unprojected latitude and longitude coordinates need to be aware that there are limitations in the capabilities of currently available commercial software for transforming between a projected coordinate system (such as LCC) and an unprojected system such as latitude and longitude. These limitations can lead to some fairly severe distortion of the data and this is especially noticeable with arcs. Teranet stores all arc data as mathematical arcs. For - the purposes of delivering polygons, the arcs are stroked into line strings, The transformation process from projected to unprojected coordinates may yield very different results for the stroked and unstroked version of the arc. - Where polygons are provided, the polygon data is derived from the corresponding boundary data. The polygonisation process involves generalisation of the data (e.g., from mathematical arcs to line strings). It also involves the use of third party software over which T eranet has no control. As a result, polygons will generally not be a completely faithful reproduction of the underlying boundary data. PRODUCT DATA SYMBOLOGY (AutoCAD DWG/DXF} The data will be delivered with the following AutoCAD DWG/DXF symbology: 'Col'i)'Iij-;' 150 Continuous Standard 2 Continuous Standard 150 Continuous N/a var var var Var 27 0 Dashed N/a 27 0 Continuous Standard 30 0 Continuous Italic 110 0 Continuous Italic 252 0 Continuous N/a 18 123 0 Continuous Italic 31 150 0 Dot N/a 32 150 0 Continuous Standard - - Page 4 January 2, 2004 @ 2003,2004 Teranet Enterprises Inc. Teranet, POLARIS, Teraview and the Gateway design are registered trade-marks and e-reg is a trade-mark of Teranet Inc. OPI, GeoWarehouse and GeoServer are registered trade-marks and Ontario Parcel is a trade-mark of T eranet Enterprises Inc. All rights reserved. Other trade-marks and trade-names are the property of their respective owners. All rights reserved. Not to be copied without permission. . Product Description T eranet. Enterprises Ltd. ONT ARlO PARCEL ASSESSMENT POLYGONS PRODUCT OVERVIEW This product consists of digital assessment parcel polygon (DAPF) data in a GIS format. It consists of a single feature - assessment polygons attributed with the Assessment Roll Number (ARN). DATA FEATURES ~ This product consists of a single feature and that is assessment parcel polygons attributed with the ARN. - DATA COVERAGE The intent with assessment mapping is to map only assessable parcels. One major category of land which is not assessed is roads. Thus, in southern Ontario and the settled parts of northern Ontario, assessment mapping appears as blocks of land separated by the road pattern. In the unsettled areas of the north, most assessable parcels will coincide with certain types of Crown parcel and assessment m~ps will appear as islands of parcels within large areas where there are no assessment parcels. Assessment parcels are generally created for railways and these are generally broken by roads, rivers and Map Block boundaries. All railway parcels which fall within one municipality and which have the same owner may receive the same ARN. PARCEL IDENTIFIERS For assessment parcels, the identifier is called the Assessment Roll Number (ARN). This is a 15 or 20 digit number. 20 digit numbers are used only for condominium ground parcels. The ARN is ~ geographically structured number and is defined by MPAC as follows: . Digits 1 - 2 = the county number; . Digits 3 - 4 = the municipality number; . Digits 5 - 7 = the 'map' number; . Digits 8 - 10 = the 'subdivision' number; . Digits 11 - 15 = the parcel number. ARNs may be re-used. When a parcel is split, the old ARN may be used for one of the new parcels. Contact MPAC for more information about ARNs. DATA MODEL FOR PARCEL DATA . The data model used for delivering this product consists of a geometric shape or polygon for each parcel. This geometric shape is attributed with the ARN associated with the parcel. One of the results of this data model is that each parcel boundary is delivered twice, once for each of the parcels on either side of the - boundary. The polygon data delivered with this product is derived from corresponding boundary data in the source data maintained by Teranet. The polygonisation process involves generalisation of the data (e.g., from mathematical arcs to line strings). It also involves the use of third party software over which Teranet has Page 1 January 2, 2004 @2003, 2004 Teranet Enterprises Inc. Teranet, POLARIS, Teraview and the Gateway design are registered trade-marks and e-reg is a trade-mark of Teranet Inc. OPI, GeoWarehouse and GeoServer are registered trade-marks and Ontario parcel is a trade-mark of Teranet Enterprises Inc. All rights reserved. Other trade-marks and trade-names are the property of their respective owners. All rights reserved. Not to be copied without permission. , Product Description Teranet Enterprises Ltd. ONT ARlO PARCEL ASSESSMENT POLYGONS limited control. As a result, polygons will generally not be a completely faithful reproduction of the underlying boundary data. CONDOMINIUMS There is no attempt to map the individual units within a condominium development. A single parcel is ~ created to represent the entire condominium development. ~ A special ARN is assigned to the parcel representing the entire condominium development. This ARN is a 20 digit number instead of the usual 15. The units within the condominium will all have 15 digit numbers in - OASYS (MPAC's assessment system). However, these 15 digit numbers will not appear on the map. The first 10 digits will be the same for all units within the development. The 20 digit number consists of: . The 10 digits common to the start of all ARNs within the development; . The last 5 digits of the lowest ARN in the development; . The last 5 digits of the highest ARN in the development. In some cases, the set of ARNs within a single condominium development can not be defined by a single range as described above. In such cases, one or more "secondary condo range ARNs" is used. However, it is the primary condo range ARN which is used the attribute the condo polygon for this product. The secondary condo range ARN(s} are not included in this product. (They are available in the Ontario Parcel Assessment CAD Data product.) POINT PARCELS During the process of initially mapping the assessment parcels, some parcels, were represented in the source data as points. These are depicted in the digital mapping as square parcels with 20 meter sides. These mostly occur in northern Ontario where some of the source mapping was very small scale. PRODUCT CONSTRAINTS Notwithstanding this Product is provided "as is" and "as available", knowledge of the following will assist in understanding the data found within this Product. The data is an index to assessment parcels. The data is not survey quality and should not be used to define boundaries on the ground, or be relied on to calculate accurate areas of properties or depths or frontages of lots. The data is not a substitute for a legal survey and should not be used for applications that require highly accurate positional data. Since the accuracy (in POLARIS specification areas) depends on the amount and quality of survey and - control data, the accuracy can vary significantly over short distances. These variations may not be apparent to the casual user, but may show up when the map is overlaid on high quality orthoimagery. Teranet depends entirely on MPAC to define assessment parcels, assign ARNs and provide input for - assessment parcel changes. In addition, in the Mapped Areas, assessment boundaries may not coincide with ownership boundaries since these are defined independently by MPAC and MCSS and differences may result from differing business requirements and differences of interpretation. Page 2 January 2, 2004 @ 2003,2004 Teranet Enterprises Inc. Teranet, POLARIS, Teraview and the Gateway design are registered trade-marks and e-reg is a trade-mark of ieranet Inc. OPI, GeoWarehouse and GeoServer are registered trade-marks and Ontario parcel is a trade-mark of Teranet Enterprises Inc. All rights reserved. Other trade-marks and trade-names are the property of their respective owners. All rights reserved. Not to be copied without permission. Product Description Teranet'Enterprises Ltd. ONTARIO PARCEL ASSESSMENT POLYGONS The names of such entities as roads, railways. villages, rivers, etc. may be inconsistent 'with those shown on other mapping since Teranet is dependent on the source data from MCSS, MNR and MPAC for this information. .' One of the coordinate options offered for delivery is unprojected latitude and longitude. Teranet stores the data in the Lambert Conic Conformal (LCC) projection. Clients who request data in unprojected latitude and longitude coordinates need to be aware that there are limitations in the capabilities of currently available . commercial software for transforming between a projected coordinate system (such as LCC) and an unprojected system such as latitude and longitude. These limitations can lead to some fairly severe distortion of the data and this is especially noticeable with arcs. Teranet stores all arc data as mathematical arcs. For the purposes of delivering polygons, the arcs are stroked into line strings. The transformation process from . projected to un projected coordinates may yield very different results for the stroked and un stroked version of the arc. PRODUCT DATA FORMAT SPECIFICATIONS: GEOMEDIA If delivered in Intergraph GeoMedia format, the product will be delivered as a GeoMedia 'mdb' file. The attributes associated with each parcel polygon will be as set out in the following table. The first two attributes are standard GeoMedia fields. The third attribute is an application attribute added by Teranel. This attribute is the unique 15 or 20 digit ARN for the assessment parcel. The feature class will be polygon_centroid. PRODUCT DATA FORMAT SPECIFICATIONS: SHAPE If delivered in ESRI Shape format, the product will be delivered as a set of three Shape files. The attributes associated with each parcel polygon will be as set out in the following table. The first two attributes are standard Shape fields. The third attribute is an application attribute added by Teranet. This attribute is the unique 15 or 20 digit ARN for the assessment parcel. . . PRODUCT DATA FORMAT SPECIFICATIONS: MAPINFO . If delivered in Maplnfo format. the product will be delivered as a set of four Maplnfo files. Page 3 January 2, 2004 @2003, 2004 Teranet Enterprises Inc. Teranet. POLARIS. Teraview and the Gateway design are registered trade-marks and e-reg is a trade-mark of Teranet Inc. OPI. GeoWarehouse and GeoServer are registered trade-marks and Ontario parcel is a trade-mark of Teranel Enterprises Inc. An rights reserved. Other trade-marks and trade-names are the property of their respective owners. All rights reserved. Not to be copied without permission. Product Description Teranet Enterprises Ltd. ONT ARlO PARCEL ASSESSMENT POLYGONS The attributes associated with each. parcel polygon will be as set out in the following table. The first two attributes are standard Maplnfo fields. The third attribute is an application attribute added by Teranet. This attribute is the unique 15 or 20 digit ARN for the assessment parcel. - . . . - - . Page 4 January 2. 2004 @ 2003, 2004 Teranet Enterprises Inc. Teranet. POLARIS. Teraview and the Gateway design are registered trade-marks and e-reg is a trade-mark of Teranetlnc. OPI, GeoWarehouse and GeoServer are registered trade-marks and Ontario parcel is a trade-mark of T eranet Enterprises Inc. All rights reserved. Other trade-marks and trade-names are the property of their respective owners. All rights reserved. Not to be copied without permission. . GEOGRAPHIC COVERAGE For each product Jisted in the Product Sheet, this tabJe indicates which blocks are incJuded in the Geographic Coverage for that Product. // .:.:c ....... m.i" .- /c / :..: /. Simcoe An Blocks No Yes Yes Mapped Dufferin 34086 Yes Yes Yes Mapped Dufferin 34087 Yes Yes Yes Mapped Dufferin 34095 Yes Yes Yes M3IJDed Dufferin 34096 Yes Yes Yes Mapped Duffenn 34106 Yes Yes Yes MapDed . Dufferin 34107 Yes Yes Yes Mapped Duffenn 34108 Yes Yes Yes Mapoec Duffenn 34113 Yes Yes Yes Mapoec Duffenn 34114 Yes Yes Yes Mapoec Duffenn 34115 Yes Yes Yes Mapped Dufferin 34116 Yes Yes Yes MapDed Dufferin 34117 Yes Yes Yes Mapped Dufferin 34118 Yes Yes Yes MaDDed Dufferin 34119 Yes Yes Yes MaDPed Dufferin 34142 Yes Yes Yes Mapped Peel 14340 Yes Yes Yes Mapped Peel 14341 Yes Yes Yes Mapped Peel 14344 Yes Yes Yes Mapped Peel 14345 Yes Yes Yes Mapped Peel 14346 Yes Yes Yes MaDPed Durham 72046 Yes Yes Yes MapDed Durham 72049 Yes Yes Yes Mapped Durham 72050 Yes Yes Yes MaDDed York Rel!.ion 03394 Yes Yes Yes MaDPed York Rel!ion 03395 Yes Yes Yes M aplJ(:d York Rel!ion 03398 Yes Yes Yes MaDPed York Rel!ion 03399 Yes Yes Yes MaDDed York Rel!ion 03411 Yes Yes Yes Mapped York Rel!ion 03412 Yes Yes Yes Mapped York Rel!ion 03413 Yes Yes Yes Mapped York Rel!ion 03415 Yes Yes Yes MaDoeC York Rel!ion 03416 Yes Yes Yes Mappec York Re2ion 03471 Yes Yes Yes MapiJe< York Rel!ion 70006 Yes Yes Yes MapDC< Grey 37003 Yes Yes Yes Unmapped Grev 37010 Yes Yes Yes UnmaDoed Victoria 63002 Yes Yes Yes UnmaDoed Victoria 63004 Yes Yes Yes Unmapped . . 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Ontaro Parcel Sublicense Agreement - Assessment Parcel Page 2 Licensee and Licensor within five (5) calendar days of the request being made, and Sublicensee shall co-operate with Licensee and Licensor in handling such a request. . No Warranties. . (a) The Licensee and its suppliers make no warranties with respect to the Products, Derivative Products, Resulting Products and Bundled Products and that the Products, Derivative Products, Resulting Products and Bundled Products are provided on an "as is" and "as available" basis, without any warranties, representations or conditions, express or implied including warranties, representations or conditions of merchantable quality, fitness for a particular purpose or non-infringement of third party rights, or those arising by law or by usage of trade or course of dealing; (b) the entire risk as to the results and performance of the Products, Derivative Products, Resulting Products and Bundled Products is assumed by the Sublicensee and its users. (c) The Licensee and its suppliers shall not have any liability to the Sub-licensee, any Person or entity for any loss of revenue, profit or savings, lost or damaged data, or other commercial or economic loss, or any indirect, incidental, special or consequential damages whatsoever, even if the Sublicensee and its suppliers have been advised of the possibility of such damages, or for claims of any nature by a third party against the Sublicensee and its users; (d) notwithstanding anything else in this Agreement, the maximum aggregate liability of the Licensee and its suppliers to the Sublicensee and its users or any other Person for any cause whatsoever related to the Products, Derivative Products, Resulting Products and Bundled Products shall not exceed the fees actually paid by Licensee in the last 12 months under this Agreement, if any; or, if no licence fees have been paid, $ J, which limitation ofliability shall apply whether or not the liability results from a breach of a fundamental tenn or condition or a fundamental breach; and (e) the Licensee accesses records filed with certain suppliers and that the acknowledgements in this section are also to the benefit of, and can be relied on by, such suppliers and shall survive expiration or termination ofthe Sublicence Agreement. Notices, Any and all notices applied by or on behalf of the Licensor to the Products, including notices relating to copyright or other intelJectual property or proprietary rights and limitation of liability shall be reproduced on all copies of the Products, Documentation, Derivative Products, Resulting Products and Bundled Products. Where hard copy products including paper maps are produced, the applicable notifications set out in Product Sheets, attached to the License Agreement, shall be placed thereon. The Licensee and the Sublicensees shall not limit or derogate from the scope of the notices set out in Products, Documentation and in applicable Product Sheets. Limitation, (a) The Licensor does not provide for maintenance for the Products, Derivative Products, Resulting Products and Bundled Products or any part thereof that are greater than the Licensor's obligations set out in the License Agreement or that extend beyond the Term of this Agreement; (b) The Licensor and the Licensee prohibit the Sub-Licensee from any further transfer, licensing, sublicensing, sale, assignment or distribution of the Products, Documentation, Derivative Products, Bundled Products and Resulting Products except as expressly set out herein; IN WITNESS WHEREOF the Corporation of the County of Simcoe and The cor~ Township of Oro-Medonte have executed this Acknowledgement this ao+h day of , 2004 (the "Effective Date"). ) ) ) ) The Corporation of the Township of Oro-Medonte ~~'~~ ) ) ) ) ) GENERAL MUNICIPAL LICENCE AGREEMENT OPMA ASSESSMENT MAPPING DATA PRODUCTS APPENDIX 5A MPAC PRODUCT/SERVICE SHEETS AND RELATED TERMS AND CONDITIONS THIS OPMA PRODUCT/SERVICE DELIVERY AGREEMENT (the "Agreement") is made as of the "Effective Date" noted below between Municipal Property Assessment Corporation, a corporation formed pursuant to the Ontario Property Assessment Corporation Act, and continued under the Municipal Property Assessment Corporation Act, 1997, with its head office at 1305 Pickering Parkway, Pickering Ontario, Ll V 3P2,and the MUNICIPAL CLIENT identified below (the "Client'). Client Name The Corporation of The Township of Oro-Medonte i Client Address Client Telephone Number Name of Client Business Contact Business Contact Telephone Number Business Contact email Address 148 Line 7 South Box 100 Oro ON LOL 2XO 705-487-2171 Client Facsimile Number 705-487-0133 Paul Gravelle 705-487-2171 Business Contact 705-487-0133 Facsimile Number treasury@oro-medonte.ca Effective Date of the May 9, 2005 Agreement WHEREAS Client has been granted a licence to certain Ontario Parcel data products by MPAC (as defined thereunder) under a GENERAL MUNICIPAL LICENCE AGREEMENT — OPMA ASSESSMENT MAPPING DATA PRODUCTS having an effective date of August 11, 2004 (the "GENERAL MUNICIPAL LICENCE AGREEMENT — OPMA ASSESSMENT MAPPING DATA PRODUCTS"), which agreement, among other matters sets out the rights and obligations of Client with respect to the Products (as defined thereunder), AND WHEREAS the additional Products selected by client are set out in the this Agreement together with delivery particulars and fees; AND WHEREFOR FOR VALUABLE CONSIDERATION, the parties agree to the terms and conditions set out in the General Terms and Conditions and all appendices and schedules attached hereto. FOR MPAC FOR THE CLIENT Gl✓ V� Vr e-P esident Customer Relation I Date I ave uthority to bind MPAC Si ture/Titie/Date J. NeiICZraig, Mayor I have authority to bind the Client May , 200 5 SignaturetTitle/Date — I have authority tfbind the Clie Marilyn Pennyco k, Clerk May 25, 2005 CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement— OPMA Assessment Mapping Data Products, February 15, 2005 OPMA PRODUCT/SERVICE DELIVERY AGREEMENT GENERAL TERMS AND CONDITIONS 1.0 Definitions. In this Agreement, the following capitalized words shall have the following meanings ascribed to them: "Agreement" means this document and includes the General Terms and Conditions and all appendices and schedules, Product/Service Sheets and any written amendments signed byr both parties and appended hereto; "Municipal Connect M Licence Agreement" means the prevailing agreement between MPAC and Client for delivery by MPAC to Client of product known as Municipal Connectm, and "OPMA" means the Ontario Parcel Master Agreement dated April 22, 2002, between MPAC, the Municipal Property Assessment Corporation ("MPAC") and Her Majesty the Queen in Right of Ontario Represented by the Minister of Natural Resources (NOW'), as amended from time to time; and "Products" means data products and any product updates described in the Product/Service Sheets attached hereto from time to time (each a "Product/Service Sheet"), and includes any documentation identified in a Product/Service Sheet. 2.0 DELIVERY. MPAC shall deliver the Products set out in attached Product/Service Sheets to Client, which Product/Service Sheets sets out the delivery particulars applicable to a Product, including without limitation Product description, delivery term, update frequency and schedule and method of delivery. MPAC and its suppliers are not required to provide any documentation, updates, fixes, new versions, new releases, maintenance and/or support of any kind for a Product except as is expressly set out in a Product/Service Sheet. Client acknowledges and agrees that its use and dissemination of the Products and products that are derived from or based on the Products is in all respects subject to the terms and conditions set out in the Municipal Agreement and "Municipal Connect Licence Agreement. 3.0 Termination of Delivery. Client acknowledges that MPAC shall have the right to cease providing some or all of the Products under this Agreement in the event of: (a) termination or expiration of the OPMA. Client acknowledges that no maintenance for Products shall be provided by MPAC under this Agreement after expiration or termination of the OPMA; (b) termination or expiration of the General Municipal License Agreement — OPMA Assessment Mapping Data ProductsAgreement; (c) termination or expiration of the Municipal Connect Licence Agreement; or (d) any applicable law, regulation, order or goverment policy which restricts or precludes the collection, use or disclosure of the Products or any part thereof by Licensor, or the use of or access to the Products or part thereof by Municipal Licensee and the Sublicensees; (e) any determination by a court or tribunal which restricts or precludes the collection, use and/or disclosure of the Products, or any part thereof, or the use of or access to the Products; (f) any one of the . Licensor's Suppliers terminate Licensor's right to sublicense the Products, or any part thereof, (g) Municipal Licensee is required to disclose or release the Products (in whole or in part or as part of a� Bundled Product), a Derivative Product or a Resulting } Product under an order or decision of a court, tribunal or other authority of competent jurisdiction (including without limitation, an order under the Municipal Freedom of Information and Protection of Privacy Act (Ontario) or other legislation), which order or decision is not stayed or under judicial review. 4.0 DELIVERY AND SUPPORT FEES AND OTHER FEES AND CHARGES. The fees (if any) payable for the delivery of the Products provided by MPAC hereunder, including without limitation delivery and support fees, are set out in Product/Service Sheets attached hereto from time to time. Client shall be responsible for and bear all taxes in effect from time to time related to its obtaining the Products hereunder. All such fees and taxes shall be paid by Client to MPAC. 5.0 WARRANTIES. Client and MPAC represent and warrant to each other as follows: (i) it has the power to and is authorized to enter into this Agreement; (ii) the carrying out of this Agreement will not breach or interfere with any other agreement which it has entered into; and (iii) it will not enter into another agreement the carrying out of which would interfere with the carrying out of this Agreement. 6.0 INDEMNITY. Client will indemnify, defend and save harmless MPAC and its affiliates and their suppliers, and their officers, directors, agents, employees and representatives (collectively, the "Indemnitee") against any claims that arise due to the use of the Products by Client or any other person or from any breach of obligations of Client hereunder, and Client will pay the resulting costs, damages, reasonable legal fees, penalties and expenses of any kind whatsoever finally awarded. 7.0 NO WARRANTIES, LIMITATION OF LIABILITY. Client acknowledges that Indemnitee makes no warranties with respect to the Products and that the Products are provided on an "as is" and "as available" basis, without any warranties, representations or conditions, express or implied including warranties, representations or conditions of merchantable quality, fitness for a particular purpose or non -infringement of third party rights, or those arising by law or by usage of trade or course of dealing. The entire risk as to the results and performance of the Products is assumed by CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement— OPMA Assessment Mapping Data Products, February 15, 2005 Client. Client further acknowledges that Indemnitee shall not have any liability to Client or any other person for any loss of revenue, profit or savings, lost or damaged data, or other commercial or economic loss, or any indirect, incidental, special or consequential damages whatsoever, even if such Indemnitee has been advised of the possibility of such damages, or for claims of any nature by a third person against Indemnitee. Notwithstanding anything else in this Agreement, MPAC's maximum aggregate liability to Client or any other person for any cause whatsoever related to this w Agreement not to exceed the license fees actually paid r ny Client, if any, in the twelve months preceding the date of any claim, or, if no license fee has been paid, $1. Client acknowledges that Products are based on information filed with certain suppliers and this section is included for the benefit of, and can be relied on by, such suppliers. This section shall apply whether or not liability results from a breach of a term or condition or a fundamental breach of this Agreement. This section shall survive the termination of this Agreement. 8.0 TERM AND TERMINATION. This Agreement shall commence on the Effective Date and terminate on the earlier of the following: (a) on completion of all MPAC Products delivery obligations set out hereunder; (b) Client is in default of a material obligation under this Agreement, and the default is not cured within thirty (30) calendar days of receiving the notice from MPAC; (c) the earlier of tetmination or expiration of the OPMA; (d) the earlier of expiration or termination of the General Municipal License Agreement — OPMA Assessment Mapping Data Products Agreement; (e) the earlier of termination or expiration 'of the Municipal Connector Agreement, or (f) any applicable law, including but not limited to order is issued by the office of the Information and Privacy Commissioner of Ontario, restricts or precludes the delivery of the Products or any part thereof. 9.0 GENERAL. Any notice given in accordance with this Agreement shall be in writing and the effective date of any such notice, if mailed, shall be the fifth (5 h) business day following the date of mailing date, if hand delivered, shall be the date of delivery, and if delivered by facsimile transmission, shall be the first (1') business day following transmission (with confirmation copy mailed). The addresses for notice are as follows: (a) for MPAC to the attention of the Vice -President of Customer Relations at the address set out on the face page or by facsimile to (905 837-6280); and (b) for Client to the business contact at the address or fax number set out on the face page of this Agreement. Client may not assign this Agreement or any of its rights and obligations hereunder without the prior written consent of MPAC. This Agreement will enure to the benefit of and be binding upon the parties and their respective permitted successors and assigns. This Agreement may not be changed except by written amendment signed by Client and MPAC. No provision of this Agreement may be waived except in writing signed by the party giving the waiver. Only a signing officer of MPAC has the authority to change or waive this Agreement. This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provisions shall be severed from this Agreement and the remaining provision shall remain in full force and effect. Client agrees to comply with all applicable laws, including without limitation any privacy and access to information laws, relating to the use of Products and products derived from or based on the Products. All sections intended to survive, including all warranties and indemnities, shall survive the termination of this Agreement. The Agreement, and the provisions of the Municipal Agreement, is the entire agreement with respect to the delivery of the Products and supersedes any other agreement or discussion, oral or written. End CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corpomtiom General Municipal Licence Agreement— OPMA Assessment Mapping Data Products, February 15, 2005 MUNICIPAL CONNECTTM GIS VIEWER -BASIC PRODUCT/SERVICE SHEET 1.0 PRODUCT/SERVICE DESCRIPTION Municipal Connecim GIS Viewer — Basic, is an intemet Geographic Information System (GIS) integrated with Municipal Connect. The GIS Viewer provides licensed users the ability to utilize Ontario Parcel mapping and Assessment data in one application.' 2.0 DELIVERY TERMS Municipal Connect" GIS Viewer — Basic, is delivered via the Internet to the Municipal Administrator who then has authority to distribute the Product/Service to municipal staff to support their planning purposes. The delivery fees payable for delivery of the Product/Service are set out below, which amounts are exclusive of applicable taxes in effect from time to time and are due and payable on the payment due dates set out below: 3.0 TERMS OF USE The Ontario Parcel data content (assessment polygons and Assessment Roll Numbers) as displayed in Municipal Connecfm GIS Viewer — Basic, and the associated terms and conditions of use are licensed under the the General Municipal License Agreement — OPMA Assessment Mapping Data Products Agreement. All other data within Municipal ConnecP GIS Viewer — Basic, and the associated terms and conditions of use are licensed under the "Municipal Connectm Licence Agreement. Payment Period Payment Due Date Amount of Delivery and Support Fees (CDN$) No Chaz e No Char e No Chaz e Total Delivery Fees No Charge (exclusive of applicable taxes) CONFIDENTIAL INFORMATION OF MUNICIPAL PROPERTY ASSESSMENT CORPORATION This document may not be copied or transmitted without the express written consent of Municipal Property Assessment Corporation. General Municipal Licence Agreement— OPMA Assessment Mapping Data Products, February 15, 2005