8.1. SR 06-03-2019 - Laserfiche WebLink

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REQUEST TO PROJECT ENGINEER(BOLTON & MENK, INC. "BMI") FOR ELECTRONIC/DIGITAL DATA AND CONDITIONS OF USE Project Contractor("USER"): Project Owner Elk River Landfill, Inc. Project Name Leachate Conveyance System Description of Data/Files To Be Provided A. The electronic/digital data covered by this Request was a transfer ofthe ownership rights of BMI orthose of the PROJECT prepared by BMI as an internal working document for its OWNER to the USER and USER's rights regarding any information purposes solely and is being provided to USER on an"AS IS"basis shall be limited those explicitly described in this Request. without any warranties of any kind,including,but not limited to E. Although BMI may advise the USER of known errors or implied warranties of fitness for any purpose.As such,the USER required updates in electronic/digital data provided to the USER is advised and acknowledges that the information may not be upon discovery by BMI or notice to BMI of such conditions,the suitable for the USER's application or may require substantial USER agrees that BMI and PROJECT OWNER are under no modification and independent verification by the USER. obligation to notify USER or correct,revise,update or otherwise Information may include intentional or unintentional maintain any electronic/digital data provided to the USER, nor inaccuracies, approximations, graphical simplifications, shall the USER be entitled to make any claim for extra undocumented intermediate revisions and other devices that compensation or other consideration on account of using such may affect subsequent reuse. data. B. The electronic/digital data may not accurately reflect the F. USER agrees not to sell,copy,transfer,give away or otherwise printed products(also known as Hard Copies)that are signed or distribute this information (in source or modified file format)to sealed by BMI. In the case of conflicts between the signed or any third party without the direct written authorization of BMI, sealed documents and electronic/digital data, the Hard Copies unless such distribution is specifically identified in this request shall control. Files in electronic/digital media format of text, and is limited to USER's subcontractors. USER warrants that data, graphics, or of other types that are provided by BMI to subsequent use by USER'S subcontractors shall comply with all USER are only for convenience of USER. Any conclusion or terms of this Request. information obtained or derived from such electronic/digital G. Provision of this information does not include any license of data will be at the USER's sole risk and the USER waives any software or other systems necessary to read, use or reproduce claims against BMI or PROJECT OWNER arising from use of the information. USER assumes all responsibility to obtain any electronic/digital data. necessary software and appropriate licenses to utilize the C. USER shall indemnify and hold harmless PROJECT OWNER and information in any format or application. BMI and their subconsultants from all claims, damages, losses, H. The USER shall compensate BMI in the amount of and expenses,including attorneys'fees and defense costs arising $120.00/per hour for all labor and expenses associated with the out of or resulting from USER's use,adaptation or distribution of handling,processing and delivery of the information in an"as is" any electronic/digital data provided under this Request. form or to adapt such information into a form which BMI, in its D. All Documents provided in electronic/digital format are sole discretion, deems to reasonably reflect the limits of the instruments of service and, unless otherwise specifically accuracy or usability of the information. USER acknowledges identified in the Contract between the USER and PROJECT such compensation shall be deemed to be a data processing fee OWNER, are not Contract Documents. BMI shall retain all and is not a design fee or part of the design fees paid by the ownership,copyrights and property interests therein,subject to PROJECT OWNER to BMI. any agreement between BMI and the PROJECT OWNER.Nothing herein shall be deemed to be Accepted by: USER Printed Name of "USER" Date Name and Title of Authorized Representative of USER Signature of Authorized Representative of USER Approved: Project Engineer: (BMI) Signature of Project Engineer's Representative Version 04/11/07 Elk River Landfill, Inc. -R16.115896 ELECTRONIC/DIGITAL DOCUMENTS March 2019 PAGE 00210-3 ©Bolton&Menk,Inc.2018,All Rights Reserved