Data Sharing Agreement - University of Notre Dame - Better Paving Practices through Data Analysis and Modeling

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to peer review or independent verification of results, City further acknowledges that Notre Dame will not guarantee any particular outcome or product and acknowledges the following: a) City acknowledges that Project reports or other deliverables are works to which student contributors have retained certain rights, and Notre Dame may also retain certain rights in such reports or deliverables. Accordingly, the City is granted a non-exclusive license to reproduce, create derivative works, distribute, display, or perform publicly the deliverables provided pursuant to this Agreement. b) Notre Dame and Students are independent entities, not affiliated with or employed by the City with respect to the performance of this Project. This Project shall not be construed as a joint venture or partnership, and the relationship between Notre Dame or students and City is not intended to create such a relationship. c) City understands and agrees that Notre Dame and the students are acting in the context of an educational experience and that the Project, Notre Dame and the individual Student contributors are not considered professionals for the purpose of rendering advice or counsel. The City accepts full responsibility for any and all decisions undertaken on the basis of advice or information provided under the Project and hereby releases, indemnifies, and holds harmless the Student contributors individually, as well as the University of Notre Daine du Lac, its Trustees, officers, employees, and agents, from any and all liability for damages or injury to person or property in any way related to or arising out of any deliverables or information or advice received pursuant to this Agreement. All reports, advice, or deliverables are provided as -is, without warranty of any kind, either express or implied. 10. LIABILITY. (a) City agrees to hold harmless, indemnify and defend Notre Dame from all liabilities, demands, damages, expenses and losses arising out of the use or other disposition by City, or by any party acting on behalf or under the authorization of City, of any Project outcomes or deliverables or any items or materials derived from or related thereto except to the extent such damages result fiom Notre Dame's negligence. (b) Notre Dame shall not be liable for any direct, consequential, or other damages resulting from the use of any Project outcomes or deliverables or any items or materials derived fioin or related thereto. 11. FORCE MA.IEURE. Notre Dame shall not be liable for any failure to perform as required by this Agreement, to the extent such failure to perform is caused by any reason beyond Notre Dame's reasonable control, or by reason of any of the following occurrences: labor disturbances or labor disputes of any kind, accidents, failure of any governmental 21