Common use of Participating Institutions Clause in Contracts

Participating Institutions. 10.1. Participating Institutions shall be identified by the League from among, and are limited to, the 116 California community colleges (the “California Community College Institutions”) . 10.2. It is agreed that any Center belonging to one of the Participating Institutions which subsequently becomes a separately-accredited California community college as provided for under the provisions of California state law shall have a right to become an additional Participating Institution, subject to notice to Ex Libris and agreement with respect to payment of fees associated with any implementation and/or other professional services necessary to create a separate SaaS Service institution for such additional Participating Institution, along with any increase in the scope of the Subscription beyond the Access and Use Restrictions initially set forth in the Fee Schedule for the Participating Institution to which it belonged. The League shall require Participating Institutions to enter into an agreement with the League regarding the SaaS Service, which agreement shall at minimum require the Participating Institutions to agree to the terms and their DocuSign Envelope ID: FD258E1D-4866-445B-B2A0-411F1F172E10 obligations under the Subscription Agreement, including the Addendum and Annexes, and that Ex Libris shall be entitled to enforce the terms and conditions of this Subscription Agreement against each of the Participating Institutions. Participating Institutions are the intended beneficiaries of the Subscription Agreement shall be entitled to enforce the terms and conditions of this Subscription Agreement against Ex Libris. So long as a Participating Institution is subject to the terms of this Subscription Agreement and that such terms are enforceable directly by Ex Libris (as required above), Ex Libris agrees that it shall enforce any claims it has for a Participating Institution's negligent or intentional acts in connection with this Subscription Agreement directly against such Participating Institution. The foregoing shall not limit Ex Libris' rights to make claims to and against the League for the League's obligations under this Subscription Agreement, including without limitation, with respect to payment of fees and other amounts due hereunder. 10.3. Participating Institutions will be added to this Subscription Agreement as follows: 10.3.1. [INTENTIONALLY LEFT BLANK] 10.3.2. [INTENTIONALLY LEFT BLANK] 10.3.3. To the extent any of the 116 California Community College Institutions are not Participating Institutions on January 1, 2021, such Institutions may become Participating Institutions at a later date (“Late Adopters”). The League shall from time to time provide Ex Libris with Notices of Participation of Late Adopters that have requested to become Participating Institutions. The fees, and terms and conditions, applicable to Late Adopters will be addressed on a case-by-case basis, depending on the size of the Late Adopter. Upon agreement by the League and Ex Libris with respect to the implementation services and associated fees necessary to add such Late Adopter and the annual Subscription Fees, such institutions shall thereafter be subject to the applicable terms and conditions of this Subscription Agreement and be Participating Institutions hereunder for all purposes. 10.4. [INTENTIONALLY LEFT BLANK] 10.5. [INTENTIONALLY LEFT BLANK]

Participating Institutions. 10.1. Participating Institutions shall be identified by the League from among, and are limited to, the 116 California community colleges (the “California Community College Institutions”) . 10.2. It is agreed that any Center belonging to one of the Participating Institutions which subsequently becomes a separately-accredited California community college as provided for under the provisions of California state Californiastate law shall have a right to become an additional Participating Institution, subject to notice to Ex Libris and agreement with respect to payment of fees associated with any implementation and/or other professional services necessary to create a separate SaaS Service institution for such additional Participating Institution, along with any increase in the scope of the Subscription beyond the Access and Use Restrictions initially set forth in the Fee Schedule for the Participating Institution to which it belonged. The League shall require Participating Institutions to enter into an agreement with the League regarding the SaaS Service, which agreement shall at minimum require the Participating Institutions to agree to the terms and their DocuSign Envelope ID: FD258E1D-4866-445B-B2A0-411F1F172E10 obligations under the Subscription Agreement, including the Addendum and Annexes, and that Ex Libris shall be entitled to enforce the terms and conditions of this Subscription Agreement against each of the Participating Institutions. Participating Institutions are the intended beneficiaries of the Subscription Agreement shall be entitled to enforce the terms and conditions of this Subscription Agreement against Ex Libris. So long as a Participating Institution is subject to the terms of this Subscription Agreement and that such terms are enforceable directly by Ex Libris (as required above), Ex Libris agrees that it shall enforce any claims it has for a Participating Institution's negligent or intentional acts in connection with this Subscription Agreement directly against such Participating Institution. The foregoing shall not limit Ex Libris' rights to make claims to and against the League for the League's obligations under this Subscription Agreement, including without limitation, with respect to payment of fees and other amounts due hereunder. 10.3. Participating Institutions will be added to this Subscription Agreement as follows: 10.3.1. [INTENTIONALLY LEFT BLANK] 10.3.2. [INTENTIONALLY LEFT BLANK] 10.3.3. To the extent any of the 116 California Community College Institutions are not Participating Institutions on January 1, 2021, such Institutions may become Participating Institutions at a later date (“Late Adopters”). The League shall from time to time provide Ex Libris with Notices of Participation of Late Adopters that have requested to become Participating Institutions. The fees, and terms and conditions, applicable to Late Adopters will be addressed on a case-by-case basis, depending on the size of the Late Adopter. Upon agreement by the League and Ex Libris with respect to the implementation services and associated fees necessary to add such Late Adopter and the annual Subscription Fees, such institutions shall thereafter be subject to the applicable terms and conditions of this Subscription Agreement and be Participating Institutions hereunder for all purposes. 10.4. [INTENTIONALLY LEFT BLANK] 10.5. [INTENTIONALLY LEFT BLANK]