Common use of CAT Data Clause in Contracts

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 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-third- party beneficiary of this Section 5.2, and each such Person may enforce this Section 5.2 against CAT Reporting Agent.