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1 TABLE OF ARTICLES GENERAL PROVISIONS TRANSMISSION OF DIGITAL DATA PROJECT PROTOCOL TABLE ii ARTICLE 1 GENERAL PROVISIONS § 1.1 This Exhibit establishes the procedures the parties agree to follow with respect to the transmission or exchange of Digital Data for this Project. Where a provision in this Exhibit conflicts with a provision in the Agreement into which this Exhibit is incorporated, the provision in this Exhibit will pt•evail. § 1.1.1 The parties agree to incorporate this Exhibit by reference into any other agreement for services or construction for the Project. § 1.1,2 Signatures may be made by electronic methods to the fullest extent § 1.2 DEFINITIONS § 1.2.1 Digital Data. Digital Data is defined as information, for the Project in digital form. § 1.2.2 Confidential Information. Confidential Information is designated as confidential and clearly marked with an Indic § 1.2.3 Written or In Writing. In addition to any defin a• "in writing" shall mean any communication, incl prepared and sent to an address provided in this Ex permits the recipient to print or store the •c received if sent in conformance with t ectio ARTICLE 2 TRANSMISSION OF § 2.1 The transmission of Digi transmitting party (1) is th , transmit the Digital Dat its § 2.2 The receiving party a other person except to { 1) its order to perform services or cor whose contracts include similar by applicable law. or designs created or stored ~ital Data that the transmitting party has "Confidential" or "Business Proprietary." gt•eeto which this Exhibit is attached, "written" • tta n a notice, consent or interpretation, tra ssion method set forth in this Exhibit that munications U•ansmitted electronically are presumed a wan•anty by the transmitting party to the receiving party that the e Digital Data, (2) has permission from the copyright owner to or (3) is authorized to transmit Confidential Information. nfidential Information strictly confidential and not to disclose it to any 2) those who need to know the content of the Confidential Information in solely and exclusively for the Project, or (3) its consultants and contractors ns on the use of Confidential Information. § 2.3 The transmitting party does not convey any right in the Digital Data or in the software used to generate the data. The receiving party may not use the Digital Data unless permission to do so is provided in the Agreement, in other documents incorporated by reference into the Agreement, such as the genera] conditions of the contract for construction, or in a separate license. § 2.4 Unless otherwise granted in a separate license, the receiving party's use, modification, or further transmission of the Digital Data, as provided in the Agreement, is specifically limited to the design and construction of the Project in accordance with the Project Protocols set forth in Article 3, and nothing contained in this Exhibit conveys any other right to use the Digital Data for another purpose. § 2.5 To the fullest extent permitted by law, the receiving party shall indemnify and defend the U•ansmitting party from and against all claims arising from or related to the receiving party's modification to, or unlicensed use of, the Digital Data. AIA Docwnont E201T"~ - 2D07. Copyright ©2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA°i Document is protected by U.S. Copyright Law and Intemalional Trenlies. Unauthorized reproduction ar disiriL•ution of ttds AIA" Document, o n ortio of,„,i,tpp 2 may resun in severe civil and criminal penalties, and v+ill be prosecutrd to the maximum extent possible under the law. This do t~{b~1lIC'e~r 5 by AIA software at 11:07:09 on 0 511 3/2 0 0 9 under Order No.1000356205€1 ~ihich expires on 7/2 512 0 0 9, and is not (or resale. page 93 0 User Notes:364299)