CAT Data. CAT Reporting Agent shall submit all CAT Data that the CAT Reporter that engaged the CAT Reporting Agent is required by the Plan to submit to the CAT System. CAT Reporting Agent shall transmit such CAT Data to the CAT System electronically in the format prescribed by the Plan Processor from time to time in the Technical Specifications. CAT Reporting Agent and the CAT Reporter that engaged the CAT Reporting Agent are solely responsible for ensuring that any information or data that CAT Reporting Agent submits to the CAT System is accurate and complete. CAT Reporting Agent shall maintain copies of all source data and current backup copies of all information and data submitted to the CAT System as required by the CAT NMS Plan. None of CATLLC or its Representatives shall have any liability for any loss or damage caused by CAT Reporting Agent’s failure to maintain any copy thereof.
CAT Data. CAT Reporting Agent represents and warrants to CATLLC that CAT Reporting Agent has the full legal right to submit to the CAT System the CAT Data submitted by CAT Reporting Agent to the CAT System on behalf of the CAT Reporter that engaged CAT Reporting Agent. CAT Reporting Agent shall defend, indemnify and hold harmless CATLLC, each of the Participants, the Plan Processor and any other subcontractors of the Plan Processor or CATLLC providing software or services in connection with the CAT System, and any of their respective Affiliates and all of their directors, managers, officers, employees, contractors, subcontractors, advisors and agents (“Representatives”) against any third party claim arising out of (a) a breach of the foregoing representation and warranty, (b) a failure by CAT Reporting Agent to protect and secure CAT Data that it submits, including any PII that is part of the CAT Data, (c) a failure by CAT Reporting Agent to protect its own systems from misuse (including from unauthorized use and malware infections) or unauthorized access to the CAT System by or through CAT Reporting Agent’s systems, or (d) a failure by CAT Reporting Agent to comply with its obligations under this Agreement. Each of CATLLC, the Participants and the Plan Processor and each of their subcontractors shall be considered an intended third-party beneficiary of this Section 5.2, and each such Person may enforce this Section 5.2 against CAT Reporting Agent.
CAT Data. CAT Reporter represents and warrants to CATLLC that CAT Reporter has the full legal right to submit to the CAT System the CAT Data submitted by or on behalf of CAT Reporter to the CAT System. CAT Reporter shall defend, indemnify and hold harmless CATLLC, each of the Participants, the Plan Processor and any other subcontractors of the Plan Processor or CATLLC providing software or services in connection with the CAT System, and any of their respective Affiliates and all of their directors, managers, officers, employees, contractors, subcontractors, advisors and agents (“Representatives”) against any third party claim arising out of (a) a breach of the foregoing representation and warranty, (b) a failure by CAT Reporter or any of its CAT Reporting Agents to protect and secure CAT Data under its control, including any PII that is part of the CAT Data, (c) a failure by CAT Reporter or any of its CAT Reporting Agents to protect its own systems from misuse (including from unauthorized use and malware infections) or unauthorized access to the CAT System by or through CAT Reporter’s systems, or (d) a failure by CAT Reporter or any of its CAT Reporting Agents to comply with its obligations under this Agreement. Each of CATLLC, the Participants and the Plan Processor and each of their subcontractors shall be considered an intended third-party beneficiary of this Section 5.2, and each such Person may enforce this Section 5.2 against CAT Reporter.
CAT Data. CAT Reporter, or a CAT Reporting Agent on behalf of CAT Reporter, shall submit all CAT Data that CAT Reporter is required by the Plan to submit to the CAT System. CAT Reporter, or a CAT Reporting Agent on behalf of CAT Reporter, shall transmit such CAT Data to the CAT System electronically in the format prescribed by the Plan Processor from time to time in the Technical Specifications. CAT Reporter is solely responsible for ensuring that any information or data that CAT Reporter, or a CAT Reporting Agent on behalf of CAT Reporter, submits to the CAT System is accurate and complete. CAT Reporter shall maintain copies of all source data and current backup copies of all information and data submitted to the CAT System as required by the CAT NMS Plan. None of CATLLC or its Representatives shall have any liability for any loss or damage caused by CAT Reporter’s failure to maintain any copy thereof.
CAT Data. CAT Reporter shall submit all CAT Data that CAT Reporter is required by the Plan to submit to the CAT System. CAT Reporter shall transmit such CAT Data to the CAT System electronically in the format prescribed by the Plan Processor from time to time in the Technical Specifications. CAT Reporter is solely responsible for ensuring that any information or data that CAT Reporter submits to the CAT System is accurate and complete. CAT Reporter shall maintain copies of all source data and current backup copies of all information and data submitted to the CAT System as required by the Plan. None of CATLLC or its Representatives shall have any liability for any loss or damage caused by CAT Reporter’s failure to maintain any copy thereof.
