This release for electronic media, as of the date of this acceptance, between the entity or the individual who will act as custodian of the militarily critical technical data on behalf of the entity (RECIPIENT) and Warden Construction Corp. (WARDEN), for the exchange of electronic media (disks, tape, optical disk, etc.) containing information on the Kansas ANG - Reconfigure Building 48 project (hereinafter referred to as the PROJECT) for use by the RECIPIENT.
Therefore, RECIPIENT and Warden agree as follows:
The electronic files provided to RECIPIENT by WARDEN for the PROJECT may be used by RECIPIENT without restriction. If RECIPIENT chooses to alter in any way, in whole or in part, the electronic files provided for the PROJECT or any future project(s), RECIPIENT agrees that the unrestricted use shall be without liability or legal exposure to Architect/Engineer of Record and/or WARDEN.
The electronic files are provided solely as a convenience to RECIPIENT by WARDEN and shall not be considered “Drawings of Record” or as “Construction Documents.” All documents considered “Drawings of Record” or “Construction Documents” shall be accompanied by a professional’s stamp and signature and shall be referred to and govern in the event of any inconsistency with the information provided electronically.
RECIPIENT is advised to check all electronic media for viruses before loading the files. RECIPIENT is fully responsible for intercepting and disabling viruses, if any, that my be inadvertently transmitted with the electronic files and hereby agrees to indemnify and hold WARDEN harmless from and against all claims of any type or nature asserted by RECIPIENT or any party as a result of viruses inadvertently transmitted with the electronic files.
Files distributed electronically are subject to data erosion, erasure, and/or alteration, and computer systems and software become obsolete in time. By accepting these electronic files, RECIPIENT acknowledges these risks and agrees to waive all claims against WARDEN should data erosion, erasure, and/or alteration of these electronic files occur.
RECIPIENT agrees to defend, indemnify, and hold WARDEN and the Architect/Engineer of Record harmless from all claims, injuries, damages, losses, expenses, and costs, including attorneys’ fees, arising out of breach of this agreement, the modification or reuse of these materials.
All data and intellectual property contained on the electronic files remains the property of Architect/Engineer of Record and may not be copied or distributed to any other party without the written permission of Architect/Engineer of Record.
The RECIPIENT certifies that: the individual who will act as custodian of the militarily critical technical data on behalf of the RECIPIENT, is a citizen of or person admitted lawfully for permanent residence into the United States; the data are needed to bid or perform on a contract with any agency of the U.S. Government; they (1) acknowledge all responsibilities under applicable U.S. export control laws and regulations, and (2) agree not to disseminate militarily critical technical data in a manner that would violate applicable U.S. export control laws and regulations; they will not provide access to militarily critical technical data to persons other than their employees or eligible persons designated by the registrant to act on their behalf unless such access is permitted by U.S. DoDD 5230.25 or by the U.S. agency that provided the technical data; no person employed by the RECIPIENT, who will have access to militarily critical technical data, is disbarred, suspended or otherwise ineligible to perform on U.S. Government contracts or has violated U.S. export control laws or has had a certification revoked under the provisions of U.S. DoDD 5230.25; that they are not themselves disbarred, suspended or otherwise ineligible to perform on U.S. Government contracts or has violated U.S. export control laws or has had a certification revoked under the provisions of U.S. DoDD 5230.25.
By clicking on the acceptance below, RECIPIENT acknowledges that they have read the above and agree to the terms and conditions of the electronic media release set forth above.
Architect/Engineer: GLMV Architecture
Project No. 12094