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Common use of Electronic Media Clause in Contracts

Electronic Media. Owner hereby agrees that all electronic media, including CADD files (“Electronic Media”), are tools used solely for the preparation of the Deliverables. Upon Owner’s written request, Garver will furnish to Owner copies of Electronic Media to the extent included as part of the Services. In the event of an inconsistency or conflict in the content between the Deliverables and the Electronic Media, however, the Deliverables shall take precedence in all respects. Electronic Media is furnished without guarantee of compatibility with the Owner's software or hardware. Because Electronic Media can be altered, either intentionally or unintentionally, by transcription, machine error, environmental factors, or by operators, it is agreed that, to the extent permitted by applicable law, Owner shall indemnify and hold Xxxxxx, Xxxxxx'x subconsultants, and their Personnel harmless from and against any and all claims, liabilities, damages, losses, and costs, including, but not limited to, costs of defense arising out of changes or modifications to the Electronic Media form in Owner's possession or released to others by Owner. Xxxxxx'x sole responsibility and liability for Electronic Media is to furnish a replacement for any non-functioning Electronic Media for reasons solely attributable to Garver within thirty (30) days after delivery to Owner.

Appears in 6 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

Electronic Media. Owner hereby agrees that all electronic media, including CADD files (“Electronic Media”), are tools used solely for the preparation of the Deliverables. Upon Owner’s written request, Garver Xxxxxx will furnish to Owner copies of Electronic Media to the extent included as part of the Services. In the event of an inconsistency or conflict in the content between the Deliverables and the Electronic Media, however, the Deliverables shall take precedence in all respects. Electronic Media is furnished without guarantee of compatibility with the Owner's software or hardware. Because Electronic Media can be altered, either intentionally or unintentionally, by transcription, machine error, environmental factors, or by operators, it is agreed that, to the extent permitted by applicable law, Owner shall indemnify and hold Xxxxxx, Xxxxxx'x subconsultants, and their Personnel harmless from and against any and all claims, liabilities, damages, losses, and costs, including, but not limited to, costs of defense arising out of changes or modifications to the Electronic Media form in Owner's possession or released to others by Owner. Xxxxxx'x sole responsibility and liability for Electronic Media is to furnish a replacement for any non-functioning Electronic Media for reasons solely attributable to Garver Xxxxxx within thirty (30) days after delivery to Owner.

Appears in 1 contract

Samples: Professional Services

Electronic Media. Owner hereby agrees that all electronic media, including CADD files (“Electronic Media”), are tools used solely for the preparation of the Deliverables. Upon Owner’s written request, Garver Xxxxxx Xxxxxx will furnish to Owner copies of Electronic Media to the extent included as part of the Services. In the event of an inconsistency or conflict in the content between the Deliverables and the Electronic Media, however, the Deliverables shall take precedence in all respects. Electronic Media is furnished without guarantee of compatibility with the Owner's software or hardware. Because Electronic Media can be altered, either intentionally or unintentionally, by transcription, machine error, environmental factors, or by operators, it is agreed that, to the extent permitted by applicable law, Owner shall indemnify and hold Xxxxxx Prince, Xxxxxx Xxxxxx, Xxxxxx'x 's subconsultants, and their Personnel harmless from and against any and all claims, liabilities, damages, losses, and costs, including, but not limited to, costs of defense arising out of changes or modifications to the Electronic Media form in Owner's possession or released to others by Owner. Xxxxxx'x Xxxxxx Xxxxxx's sole responsibility and liability for Electronic Media is to furnish a replacement for any non-functioning Electronic Media for reasons solely attributable to Garver Xxxxxx Prince within thirty (30) days after delivery to Owner.

Appears in 1 contract

Samples: Professional Services