dePonce, inc.

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By accessing this site you are agreeing to its terms and conditions:

WAIVER, RELEASE AND INDEMNITY AGREEMENT FOR ELECTRONIC DOCUMENTS

Whereas, dePonce, Inc., hereinafter “Designer” has utilized certain electronic Desktop Publishing and CADD files (Electronic Media) in preparation of drawings for “The Project” on behalf of “The Owner”; and whereas, the “Consultant” desires to obtain copies of Electronic Media and Designer is willing to provide copies for the convenience of Consultant and its subconsultants, only under certain express conditions of understanding, acknowledgment and covenants of protections, which Consultant accepts without reservation and covenants as hereinafter provided without qualification.

Now Therefore, Designer and Consultant agree as follows:

1.  ACKNOWLEDGMENT AND LIMITATIONS:  It is acknowledged that (1)  Designer’s instruments of professional services are the hard copy drawings and specifications issued and sealed by Designer hereinafter “Instruments”, (2)  the Electronic Media are not substitutions for said Instruments, (3)  differences may exist between said Instruments and the Electronic Media which Designer is under no obligation to discover or disclose if known, (4)  the Electronic Media may be incompatible with Consultant’s software and hardware configurations.  In all ways, including those enumerated, Consultant accepts the Electronic Media “as is” and Designer is under no obligation to correct, update for changes, enhance or maintain the Electronic Media for Consultant.  Designer does not represent or warrant that the Electronic Media are complete, free from defects, or accurate now or in the future.  It is acknowledged, finally, that no client relationship is created by or through this instrument between Designer and Consultant.

2.  WAIVER AND RELEASE:  Consultant accepts all risk of incomplete, inaccurate, defective and variant information contained in the Electronic Media, and waives, quits, and forever discharges and releases the Owner, the Designer and its officers, directors, principals, employees and successors from every claim arising out of or related to any error, discrepancy, inaccuracy, variation or other defect in the Electronic Media, whether or not resulting in whole or in part from an act, error or omission of Designer and whether or not such claim is known or unknown as of the date of this waiver and release.

3.  REUSE:  The Electronic Media is not reusable for any other project or for additions or extensions of the project identified in the Electronic Media.  Designer does not authorize release of the Electronic Media to any person or party other than the Owner and Consultant agrees and covenants not to release the Electronic Media to any other party other than Consultant’s subconsultants for use on The Project.  Consultant shall obtain “Waiver, Release and Indemnity Agreement” from each subconsultant.  Submit copy of said Release to Designer prior to release of the electronic media.

4.  INDEMNIFICATION:  Use of the Electronic Media shall be at the sole risk of the Consultant and without liability or legal exposure to the Owner, or the Designer, further, Consultant shall, to the fullest extent permitted by law, defend, indemnify and hold the Owner, the Designer and its officers, directors, employees and successors harmless from all claims, damages, including bodily injury or death, losses and expenses, including attorneys fees, arising out of or resulting in whole or in part from the use of the Electronic Media.

5.  DISPUTS:  Due to the risk of damage, anomalies in transcription or copying and modification during use by Consultant whether intended or otherwise, it is agreed the Designer’s archived copy of the Electronic Media, if Designer chooses to maintain same, shall be conclusive, unrebuttable proof in all disputes over the content of the Electronic Media furnished to Consultant by this Agreement.