Indemnification for Use of Electronic Files Sample Clauses

Indemnification for Use of Electronic Files. 7.5.1 To the fullest extent permitted by law, the A/E shall indemnify and hold harmless the Indemnified Parties from and against all claims, damages, losses, and expenses (including, but not limited to, the fees and charges of contractors, engineers, architects, attorneys, and other professionals) arising out of, or related to the A/E’s, or any other Person’s use of electronic files, including, but not limited to, CAD or BIM files (collectively “Electronic Files”). 7.5.1.1 These Electronic Files are provided solely for the A/E’s convenience and use related to the Project. Any use of the Electronic Files shall be at the sole risk of the A/E. 7.5.1.2 The Owner alone owns the Electronic Files and every right, title, and interest therein from the moment of creation. 7.5.1.3 The Electronic Files are not products. 7.5.1.4 The A/E shall not use the Electronic Files for any purpose other than as a convenience for preparing documents and other information intended solely for use on the Project. 7.5.1.5 The State makes no warranties, either express or implied, of the merchantability or fitness of the Electronic Files for any particular purpose. 7.5.1.6 The A/E understands and accepts that the Electronic Files may deteriorate or be inadvertently or otherwise modified without authorization of the State. 7.5.1.7 The State makes no representations as to compatibility, usability, or readability of the Electronic Files resulting from the use of software, application packages, operating systems, or computer hardware differing from those used to create the Electronic Files. 7.5.1.8 In the event of a conflict between the Contract Documents and the Electronic Files, the Contract Documents shall control, take precedence over, and govern the Electronic Files. 7.5.1.9 The A/E alone is responsible to check, verify, and otherwise confirm the accuracy of data on the Electronic Files. 7.5.1.10 The A/E shall not make any claims and hereby waives, to the fullest extent permitted by law, any claims or causes of action of any nature against the Indemnified Parties, which may arise out of, or in connection with, the use of the Electronic Files.
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Indemnification for Use of Electronic Files. .1 To the fullest extent permitted by law, the A/E shall indemnify and hold harmless the Indemnified Parties from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses (including, but not limited to, the fees and charges of engineers, architects, construction managers, attorneys, and other professionals) arising out of, or related to the A/E’s, or any other Person’s use of electronic files, including, but not limited to, Computer- Aided Design (“CAD”) or Building Information Modeling (“BIM”) files (collectively “Electronic Files”).‌
Sample 1
Indemnification for Use of Electronic Files. To the fullest extent permitted by law, the CM shall indemnify and hold harmless the Indemnified Parties from and against all claims, damages, losses, and expenses (including, but not limited to, the fees and charges of contractors, engineers, architects, attorneys, and other professionals) arising out of, or related to the CM’s, or any other Person’s use of electronic files, including, but not limited to, CAD or BIM files (collectively “Electronic Files”).
Sample 1
Indemnification for Use of Electronic Files. .1 To the fullest extent permitted by law, the A/E shall indemnify and hold harmless the Indemnified Parties from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses (including, but not limited to, the fees and charges of engineers, architects, construction managers, attorneys, and other professionals) arising out of, or related to the A/E’s, or any other Person’s use of electronic files, including, but not limited to, Computer-Aided Design (“CAD”) or Building Information Modeling (“BIM”) files (collectively “Electronic Files”).‌ .1 These Electronic Files are provided solely for the A/E’s convenience and use related to the Project. Any use of the Electronic Files shall be at the sole risk of the A/E. .2 The Owner alone owns the Electronic Files and every right, title, and interest therein from the moment of creation. .3 The Electronic Files are not products. .4 The A/E shall not use the Electronic Files for any purpose other than as a convenience for preparing Drawings and Specifications intended solely for use on the Project. .5 The State makes no warranties, either express or implied, of the merchantability or fitness of the Electronic Files for any particular purpose. .6 The A/E understands and accepts that the Electronic Files may deteriorate or be inadvertently or otherwise modified without authorization of the State. .7 The State makes no representations as to compatibility, usability, or readability of the Electronic Files resulting from the use of software, application packages, operating systems, or computer hardware differing from those used to create the Electronic Files.‌‌‌ .8 In the event of a conflict between the Contract Documents and the Electronic Files, the Contract Documents shall control, take precedence over, and govern the Electronic Files. .9 The A/E alone is responsible to check, verify, and otherwise confirm the accuracy of data on the Electronic Files. .10 The A/E shall not make any claims and hereby waives, to the fullest extent permitted by law, any claims or causes of action of any nature against the Indemnified Parties, which may arise out of, or in connection with, the use of the Electronic Files.
Sample 1
Indemnification for Use of Electronic Files. 6.7.1 To the fullest extent permitted by law, the CM shall indemnify and hold harmless the Indemnified Parties from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses (including, but not limited to, the fees and charges of engineers, architects, construction managers, attorneys, and other professionals) arising out of, or related to the CM’s, or any other Person’s use of electronic files, including, but not limited to, Computer-Aided Design (“CAD”) or Building Information Modeling (“BIM”) files (collectively “Electronic Files”). 6.7.1.1 The Electronic Files are provided solely for the CM’s convenience and use related to the Project. Any use of the Electronic Files shall be at the sole risk of the CM. 6.7.1.2 The Owner alone owns the Electronic Files and every right, title, and interest therein from the moment of creation. 6.7.1.3 The Electronic Files are not products. 6.7.1.4 The CM shall not use the Electronic Files for any purpose other than as a convenience for preparing Drawings and Specifications intended solely for use on the Project. 6.7.1.5 The State makes no warranties, either express or implied, of the merchantability or fitness of the Electronic Files for any particular purpose. 6.7.1.6 The CM understands and accepts that the Electronic Files may deteriorate or be inadvertently or otherwise modified without authorization of the State. 6.7.1.7 The State makes no representations as to compatibility, usability, or readability of the Electronic Files resulting from the use of software, application packages, operating systems, or computer hardware differing from those used to create the Electronic Files. 6.7.1.8 In the event of a conflict between the Contract Documents and the Electronic Files, the Contract Documents shall control, take precedence over, and govern the Electronic Files. 6.7.1.9 The CM alone is responsible to check, verify, and otherwise confirm the accuracy of data on the Electronic Files. 6.7.1.10 The CM shall not make any claims and hereby waives, to the fullest extent permitted by law, any claims or causes of action of any nature against the Indemnified Parties, which may arise out of, or in connection with, the use of the Electronic Files.
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Related to Indemnification for Use of Electronic Files

  • Electronic Records You acknowledge and agree that we may in our discretion store all records electronically; and that we will not retain and have no obligation to retain any original documents for any period of time. This applies to all documentation including but not limited to checks, transaction records, notes, mortgages, deeds of trust and other loan and/or security documentation. We will routinely destroy all original documentation. We may store records electronically via imaging, scanning, filming or other technology used in the financial services industry for the storage of documentation via internal processes or third-party processors that we approve for these services. You agree that such storage shall be secure, and further agree that such records shall for all purposes be recognized and admissible in evidence or otherwise to prove the agreements, rights and obligations of the parties pursuant to any such records.

  • Electronic Execution of Documents The words “execution,” “signed,” “signature” and words of like import in any Loan Document shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity and enforceability as a manually executed signature or the use of a paper-based recordkeeping systems, as the case may be, to the extent and as provided for in any applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act.

  • EMPLOYEE FILES 10.01 A copy of any completed formal evaluation which is to be placed in an employee’s file shall be first reviewed with the employee. The employee shall initial such evaluation as having been read and shall have the opportunity to add her or his views to such evaluation prior to it being placed in her or his file. It is understood that such evaluations do not constitute disciplinary action by the Employer against the employee. Having provided a written request to the Director of Care, or her designate, an employee shall be entitled to her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein, in the presence of the Director of Care, at a mutually agreeable time. 10.02 The Employer will accommodate reasonable requests for copies of performance appraisals and records of discipline in an employee's file. 10.03 Letters of discipline shall be removed from an employee's file eighteen (18) months following the receipt of such letters provided that the employee's disciplinary record has remained discipline free over the eighteen (18) months period. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the eighteen (18) months period noted above.

  • COMPUTER GRAPHICS FILES The Engineer agrees to comply with Attachment G, Computer Graphics Files for Document and Information Exchange, if determined by the State to be applicable to this contract.

  • Files and Records Within thirty (30) business days following the Closing Date, Seller shall deliver to Purchaser at Purchaser’s expense the Records, to the extent not previously delivered. For a period of seven (7) years after the Closing Date, Purchaser shall maintain the Records, and Seller shall have access thereto during normal business hours upon advance written notice to Purchaser to audit the same in connection with federal, state or local regulatory or tax matters, resolution of existing disputes or contract compliance matters affecting Seller.

  • Liability Records The Lender may maintain from time to time, at its discretion, liability records as to the Obligations. All entries made on any such record shall be presumed correct until the Borrower establishes the contrary. Upon the Lender's demand, the Borrower will admit and certify in writing the exact principal balance of the Obligations that the Borrower then asserts to be outstanding. Any billing statement or accounting rendered by the Lender shall be conclusive and fully binding on the Borrower unless the Borrower gives the Lender specific written notice of exception within 30 days after receipt.

  • Electronic Record Search The Reporting Estonian Financial Institution must review electronically searchable data maintained by the Reporting Estonian Financial Institution for any of the following U.S. indicia: a) Identification of the Account Holder as a U.S. citizen or resident; b) Unambiguous indication of a U.S. place of birth; c) Current U.S. mailing or residence address (including a U.S. post office box); d) Current U.S. telephone number; e) Standing instructions to transfer funds to an account maintained in the United States; f) Currently effective power of attorney or signatory authority granted to a person with a U.S. address; or g) An “in-care-of” or “hold mail” address that is the sole address the Reporting Estonian Financial Institution has on file for the Account Holder. In the case of a Preexisting Individual Account that is a Lower Value Account, an “in-care-of” address outside the United States or “hold mail” address shall not be treated as U.S. indicia.

  • ELECTRONIC SUBMISSIONS Concessionaire must have the capacity to send and receive electronic submissions and communications as a pre-condition and continuing requirement of this Agreement. For purposes of this Agreement, “Electronic Submissions” shall only include the transmission of documents by email. Concessionaire shall comply with the following terms and conditions: A. Concessionaire shall electronically submit all reports, including, but not limited to, Monthly Reports and Annual Reports as described in Paragraphs 12 and 13, by email to: XxxxxxxxXxxxxx@xxx.xx.xxx. Failure on the part of Concessionaire to submit reports electronically shall be a material breach of this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 9 and 10. B. Concessionaire shall maintain and monitor on a daily basis an active email address, designated for this Agreement and report any change to the email address during any Term of this Agreement. Failure on the part of Concessionaire to maintain and monitor the active email address, designated for this Agreement, shall be a material breach of this Agreement, subject to Suspension of Operations and/or Termination in accordance with the terms and conditions set forth in Paragraphs 9 and 10.

  • Public Records Requests If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester.

  • Court Ordered Requests for Call Detail Records and Other Subscriber Information 7.1 To the extent technically feasible, BellSouth maintains call detail records for Mpower end users for limited time periods and can respond to subpoenas and court ordered requests for this information. BellSouth shall maintain such information for Mpower end users for the same length of time it maintains such information for its own end users. 7.2 Mpower agrees that BellSouth will respond to subpoenas and court ordered requests delivered directly to BellSouth for the purpose of providing call detail records when the targeted telephone numbers belong to Mpower end users. Billing for such requests will be generated by BellSouth and directed to the law enforcement agency initiating the request. 7.3 Where BellSouth is providing to Mpower telecommunications services for resale or providing to Mpower the local switching function, then Mpower agrees that in those cases where Mpower receives subpoenas or court ordered requests regarding targeted telephone numbers belonging to Mpower end users, if Mpower does not have the requested information, Mpower will advise the law enforcement agency initiating the request to redirect the subpoena or court ordered request to BellSouth. Where the request has been forwarded to BellSouth, billing for call detail information will be generated by BellSouth and directed to the law enforcement agency initiating the request. 7.4 In all other instances, Mpower will provide Mpower end user and/or other customer information that is available to Mpower in response to subpoenas and court orders for their own customer records. When BellSouth receives subpoenas or court ordered requests regarding targeted telephone numbers belonging to Mpower end users, BellSouth will advise the law enforcement agency initiating the request to redirect the subpoena or court ordered request to Mpower.

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