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TABLE OF ARTICLES GENERAL PROVISIONS TRANSMISSION OF DIGITAL DATA PROJECT PROTOCOL TABLE ARTICLE 1 GENERAL PROVISIONS § 1.1 This Exhibit establishes the procedures the parties agt•ee 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 prevail. § 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 permitted by applicable law. § 1.2 DEFINITIONS § 1.2.1 Digital Data. Digital Data is defined as information, communicatio-is, drawings, or designs created or stored for the Project in digital form. § 1.2.2 Confidential Information. Confidential Information is defined as Digital Data that the transmitting party has designated as confidential and cleat•ly marked with an indication such as "Confidential" ot• "Business Proprietary." § 1.2.3 Written or In Writing. In addition to any definition in the Agreement to which this Exhibit is attached, "written" or "in writing" shall mean any communication, including without limitation a notice, consent or interpretation, prepared and sent to an address provided in this Exhibit using a transmission method set forth in this Exhibit that permits the recipient to print a-• store the communication. Communications U•ansmitted electronically are presumed received if sent in conformance with this Section 1.2.3. ARTICLE 2 TRANSMISSION OF DIGITAL DATA § 2.1 The transmission of Digital Data constitutes a warranty by the transmitting party to the receiving party that the transmitting party (I) is the copyright owner of the Digital Data, (2) has permission from the copyright owner to transmit the Digital Data for its use on the Project, or (3) is authorized to transmit Confidential Information. § 2.2 The receiving party agrees to keep Confidential Information strictly confidential and not to disclose it to any other person except to (1) its employees, (2) those who need to know the content of the Confidential Information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include sitnilar restrictions on the use of Confidential Information. § Z.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 general conditions of the contract for construction, or in a separate license. § 2.4 Unless otherwise gt•anted 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 transmitting 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 Document H2O1TM - 2007. Copyright ©20D7 by The American Institute of Architects. All rights reserved. wARNirJG: This AIA`" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`x Document, or any portion of it, may resuil in severe civil and criminal penalties, and will he prosecuted to Ure maximum extent possit>le wider the law. This document was produced by AIA software a1 11:07:09 on 05/13/2009 under Order No.1000356205_i which expires on 712512009, and is not for resale. User Notes: F'- 1 (2366389299)