In 1998 the Federal Government passed the Jeanne Cleary ...
______________________________ (“Local Institution”), hereby requests the University of California Riverside Center for Bibliographic Studies and Research (“CBSR”) to digitize certain Local Institution-copyright publications, as indicated in Exhibit 1 (“list of publications and dates”), subject to the terms and conditions below (“The Activity”). Local Institution represents it has researched and determined that the relevant copyright(s) subject to the Activity were not renewed.
WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT (“AGREEMENT”)
Waiver and Release of Claims and Liability: In consideration of being permitted to participate in any way in The Activity, Local Institution, for itself, assignees, employees, agents, and predecessors and successors in interest does hereby release, waive, discharge, and covenant not to sue The Regents of the University of California (including CBSR), its officers, employees and agents from any claims as to compensation for its participation in The Activity, and to the maximum extent allowable by law, as to liability from any and all claims including the negligence of The Regents of the University of California, its officers, employees and agents, resulting from The Activity, including for violations of any copyrights or privacy violations. Should any claims arise, Local Institution understands that CBSR shall immediately remove any such materials from its internet site(s) and shall return any such material to Local Institution.
Assumption of Risks: Local Institution acknowledges that participation in The Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid copyright or privacy related violations, injuries or damages. Local Institution and CBSR acknowledge that the Activity is low risk and that such risk can usually be mitigated by removing such content as soon as practicable and upon reasonable notice to do so.
Indemnification and Hold Harmless: To the maximum extent allowable by law, Local Institution and The Regents of the University of California (including CBSR) agrees to INDEMNIFY AND HOLD each other and each other’s officers, employees and agents HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities arising by any act of failure to act by the other. CBSR and Local Institution shall work together in good faith to mitigate any such damages and to resolve any such claims, actions, suits, procedures, costs, expenses, damages and liabilities, including but not limited to removing such content as soon as practicable and upon reasonable notice to do so.
Severability: The undersigned further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
By: _________________ ________ By:__________________________ ________
Local Institution Date Regents of the University of California Date
Its: _____________________________ Its: ___________________________________
Exhibit 1: Titles Researched
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