Agreement for the Release or Transfer of CADD Files

In consideration of our agreement to deliver CADD Data in machine readable form to the Contractor, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless, Strocal Inc., employees and its other consultants and any of them (collectively referred to an "indemnity") from any and all claims, suits, demands, liabilities, losses, damages, or costs, including but limited to attorneys' fees, expert witness fees, court costs, etc., arising out of, or in any way connected with the use, modification, misinterpretation, misuse, or reuse by Contractor or anyone else of the CADD data provided by Strocal Inc. under this Indemnification Agreement, whether or not caused in whole or in part by the negligence or strict liability of the Indemnities.  The parties hereto acknowledge that this Indemnity Agreement is conspicuous.  The foregoing indemnification applies, without limitation, to any use of the CADD data on this project or other projects or additions to this project, or for completion of this project by others.

Due to the nature of electronic information, the Contractors further agrees to similarly hold harmless Strocal Inc. and or its consultants for any degradation or corruption of the CADD files resulting in any variance from published drawings.  If such variance occurs, the published drawings govern.

Data contained on these electronic files are part of our instruments of services and shall not be used by you or anyone else receiving these data through or from you for any purpose other than as convenience for the above stated purpose for the referenced project.  Under no circumstance shall delivery of the electronic files for use by you be deemed a sale by us, and we make no warranties, either expressed or implied, of merchantability and fitness for any particular purpose.  In no event shall we be liable for any loss of profit or any consequential damages as a result of your use or reuse of these electronic files.