Common use of Disclaimer and Hold Harmless Clause in Contracts

Disclaimer and Hold Harmless. Each Recipient Party assumes any and all risk and responsibility for selection and use of, and reliance on, any Operating Reliability Data. Each Recipient Party acknowledges and agrees that the Disclosing Party generates and gathers Operating Reliability Data to meet the Disclosing Party's sole needs and responsibilities. Each Recipient Party receives any and all Operating Reliability Data “as is” and with all faults, errors, defects, inaccuracies, and omissions. No Disclosing Party makes any representations or warranties whatsoever with respect to the availability, timeliness, accuracy, reliability, or suitability of any Operating Reliability Data pursuant to this ORD Agreement. Each Recipient Party disclaims and waives all rights and remedies that it may otherwise have with respect to all warranties and liabilities of each Disclosing Party, expressed or implied, arising by law or otherwise, with respect to any faults, errors, defects, inaccuracies or omissions in, or availability, timeliness, reliability or suitability of the Operating Reliability Data. Each Recipient Party assumes any and all risk and responsibility for selection and use of, and reliance on, any Operating Reliability Data. By entering into this ORD Agreement, each Disclosing Party does not hold itself out to provide like or similar service to any other entity. Each Recipient Party acknowledges and agrees that NERC maintains various data sharing systems to facilitate maintenance of operating reliability by the Reliability Coordinators and other entities with responsibility for the operating reliability of the bulk power system, and that the supply and use of data in accordance with this ORD Agreement is the responsibility of the individual Recipient Parties and Disclosing Parties and not of NERC. NERC makes no representations or warranties whatsoever with respect to the availability, timeliness, accuracy, reliability, or suitability of any Operating Reliability Data provided pursuant to this ORD Agreement. Each Disclosing Party and Recipient Party disclaims and waives any rights or remedies that it might otherwise have against NERC for faults, errors, defects, inaccuracies, or omissions in, or availability, timeliness, accuracy, reliability or suitability of the Operating Reliability Data. Further, each Disclosing Party and Recipient Party disclaims and waives any rights or remedies that it might otherwise have against NERC for the neglect, wrongful, or unauthorized use or disclosure of the Operating Reliability Data by any Disclosing Party or Recipient Party.

Disclaimer and Hold Harmless. Each Recipient Party recipient party assumes any and all risk and responsibility for selection and use of, and reliance on, any Operating Reliability Datasensitive electric industry data. Each Recipient Party recipient party acknowledges and agrees that the Disclosing Party disclosing party generates and gathers Operating Reliability Data sensitive electric industry data to meet the Disclosing Party's disclosing party’s sole needs and responsibilities. Each Recipient Party recipient party receives any and all Operating Reliability Data sensitive electric industry data “as is” and with all faults, errors, defects, inaccuracies, and omissions. No Disclosing Party disclosing party makes any representations or warranties whatsoever with respect to the availability, timeliness, accuracy, reliability, or suitability of any Operating Reliability Data sensitive electric industry data pursuant to this ORD confidentiality Agreement. Each Recipient Party recipient party disclaims and waives all rights and remedies that it may otherwise have with respect to all warranties and liabilities of each Disclosing Partydisclosing party, expressed or implied, arising by law or otherwise, with respect to any faults, errors, defects, inaccuracies or omissions in, or availability, timeliness, reliability reliability, or suitability of the Operating Reliability Datasensitive electric industry data. Each Recipient Party recipient party assumes any and all risk and responsibility for selection and use of, and reliance on, any Operating Reliability Datasensitive electric industry data. By entering into this ORD confidentiality Agreement, each Disclosing Party disclosing party does not hold itself out to provide like or similar service to any other entity. Each Recipient Party recipient party acknowledges and agrees that NERC NAESB maintains various data sharing systems to facilitate maintenance of operating reliability by the Reliability Coordinators market participants and other entities with responsibility for the operating that conduct both commercial and reliability of operations on the bulk power electric system, and that the . The supply and use of data in accordance with this ORD confidentiality Agreement is the responsibility of the individual Recipient Parties recipient parties and Disclosing Parties disclosing parties and not of NERCNAESB. NERC NAESB makes no representations or warranties whatsoever with respect to the availability, timeliness, accuracy, reliability, or suitability of any Operating Reliability Data sensitive electric industry data provided pursuant to this ORD confidentiality Agreement. Each Disclosing Party disclosing party and Recipient Party recipient party disclaims and waives any rights or remedies that it might otherwise have against NERC NAESB for faults, errors, defects, inaccuracies, or omissions in, or availability, timeliness, accuracy, reliability reliability, or suitability of the Operating Reliability Datasensitive electric industry data. Further, each Disclosing Party disclosing party and Recipient Party recipient party disclaims and waives any rights or remedies that it might otherwise have against NERC NAESB for the neglect, wrongful, or unauthorized use or disclosure of the Operating Reliability Data sensitive electric industry data by any Disclosing Party disclosing party or Recipient Partyrecipient party.

Disclaimer and Hold Harmless. Each Recipient Party assumes any and all risk and responsibility for selection and use of, and reliance on, any Operating Reliability DataAllegedly Confidential Information. Each Recipient Party acknowledges and agrees that the each Disclosing Party generates and gathers Operating Reliability Data Allegedly Confidential Information to meet the such Disclosing Party's ’s sole needs and responsibilities. Each Recipient Party receives any and all Operating Reliability Data Allegedly Confidential Information “as is” and with all faults, errors, defects, inaccuracies, and omissions. No Disclosing Party makes any representations representation or warranties whatsoever with respect to the availability, timeliness, accuracy, reliability, or suitability of any Operating Reliability Data Allegedly Confidential Information disclosed to any Party pursuant to this ORD Agreement. Each Recipient Party disclaims and waives all rights and remedies that it may otherwise have with respect to all warranties and liabilities of each Disclosing Party, expressed or implied, arising by law or otherwise, with respect to any faults, errors, defects, inaccuracies or omissions in, or availability, timeliness, reliability reliability, or suitability of the Operating Reliability DataAllegedly Confidential Information. Each Recipient Party assumes any and all risk and responsibility for selection and use of, and reliance on, any Operating Reliability Data. By entering into this ORD Agreement, each Disclosing Party does not hold itself out to provide like or similar service to any other entityAllegedly Confidential Information. Each Recipient Party acknowledges and agrees that NERC the VSPC maintains various data sharing systems Information-Sharing Systems in order to facilitate maintenance the electric system planning actives of operating reliability the VSPC as contemplated under PSB Docket No. 7081 and as may be agreed to by the Reliability Coordinators and other entities with responsibility for the operating reliability of the bulk power system, and that the supply and VSPC participants from time to time. The use of data in accordance with this ORD Agreement is the responsibility of the individual Recipient Parties and Disclosing Parties and not of NERCVSPC. NERC The VSPC makes no representations or warranties whatsoever with respect to the availability, timeliness, accuracy, reliability, or suitability of any Operating Reliability Data Allegedly Confidential Information provided pursuant to this ORD Agreement. Each Disclosing Party and Recipient Party disclaims and waives any rights or remedies that it might otherwise have against NERC the VSPC for faults, errors, defects, inaccuracies, or omissions in, or availability, timeliness, accuracy, reliability reliability, or suitability of the Operating Reliability DataAllegedly Confidential Information. Further, each Disclosing Party and Recipient Party disclaims and waives any rights or remedies that it might otherwise have against NERC the VSPC for the neglect, wrongful, or unauthorized use or disclosure of the Operating Reliability Data Allegedly Confidential Information by any Disclosing Party or Recipient Party.

Disclaimer and Hold Harmless. [intentionally omitted – see definitions section above.] Each Recipient Party assumes any and all risk and responsibility for selection and use of, and reliance on, any Operating Reliability DataAllegedly Confidential Information. Each Recipient Party acknowledges and agrees that the each Disclosing Party generates and gathers Operating Reliability Data Allegedly Confidential Information to meet the such Disclosing Party's ’s sole needs and responsibilities. Each Recipient Party receives any and all Operating Reliability Data Allegedly Confidential Information “as is” and with all faults, errors, defects, inaccuracies, and omissions. No Disclosing Party makes any representations representation or warranties whatsoever with respect to the availability, timeliness, accuracy, reliability, or suitability of any Operating Reliability Data Allegedly Confidential Information disclosed to any Party pursuant to this ORD Agreement. Each Recipient Party disclaims and waives all rights and remedies that it may otherwise have with respect to all warranties and liabilities of each Disclosing Party, expressed or implied, arising by law or otherwise, with respect to any faults, errors, defects, inaccuracies or omissions in, or availability, timeliness, reliability reliability, or suitability of the Operating Reliability DataAllegedly Confidential Information. Each Recipient Party assumes any and all risk and responsibility for selection and use of, and reliance on, any Operating Reliability Data. By entering into this ORD Agreement, each Disclosing Party does not hold itself out to provide like or similar service to any other entityAllegedly Confidential Information. Each Recipient Party acknowledges and agrees that NERC the VSPC maintains various data sharing systems Information-Sharing Systems in order to facilitate maintenance the electric system planning actives of operating reliability the VSPC as contemplated under PSB Docket No. 7081 and as may be agreed to by the Reliability Coordinators and other entities with responsibility for the operating reliability of the bulk power system, and that the supply and VSPC participants from time to time. The use of data in accordance with this ORD Agreement is the responsibility of the individual Recipient Parties and Disclosing Parties and not of NERCVSPC. NERC The VSPC makes no representations or warranties whatsoever with respect to the availability, timeliness, accuracy, reliability, or suitability of any Operating Reliability Data Allegedly Confidential Information provided pursuant to this ORD Agreement. Each Disclosing Party and Recipient Party disclaims and waives any rights or remedies that it might otherwise have against NERC the VSPC for faults, errors, defects, inaccuracies, or omissions in, or availability, timeliness, accuracy, reliability reliability, or suitability of the Operating Reliability DataAllegedly Confidential Information. Further, each Disclosing Party and Recipient Party disclaims and waives any rights or remedies that it might otherwise have against NERC the VSPC for the neglect, wrongful, or unauthorized use or disclosure of the Operating Reliability Data Allegedly Confidential Information by any Disclosing Party or Recipient Party.. [Indemnification for release of Allegedly Confidential Information? - Discuss]