Common use of CAT Data Clause in Contracts

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 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.or