GIS Data Disclaimer Clause Samples

A GIS Data Disclaimer clause serves to limit the liability of the provider regarding the accuracy, completeness, or reliability of geographic information system (GIS) data supplied. Typically, this clause notifies users that the GIS data may contain errors, omissions, or may not be up to date, and that it should not be solely relied upon for critical decisions such as property boundaries or legal determinations. Its core practical function is to protect the data provider from legal claims arising from the use or misuse of GIS data, ensuring users understand the inherent limitations and risks associated with such information.
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GIS Data Disclaimer. THE CITY OF TEMPE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CONDITION, SUITABILITY, PERFORMANCE, OR CURRENCY OF THE GIS DATA PROVIDED UNDER THIS CONTRACT. AREAS DEPICTED BY GIS DATA ARE APPROXIMATE, AND NOT GUARANTEED TO BE ACCURATE TO STANDARDS FOR MAPPING, SURVEYING OR ENGINEERING. THIS DATA IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHOULD NOT BE RELIED UPON FOR SITE-SPECIFIC PURPOSES. THE DATA HEREIN IS SUBJECT TO CONSTANT CHANGE AND MAY NOT BE COMPLETE, ACCURATE OR UP-TO-DATE. THE CITY OF TEMPE IN NO WAY ASSUMES LIABILITY OR RESPONSIBILITY FOR ANY INCORRECT DATA OR ANY INFORMATION PROVIDED HEREIN. THE CONSULTANT ACKNOWLEDGES AND AGREES THAT THE CITY OF TEMPE ASSUMES NO LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY RESULTING FROM INCOMPLETE, INCORRECT OR MISSING INFORMATION; INCLUDING ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. BY WAY OF THE SIGNATURE ON THIS CONTRACT, THE CONSULTANT ASSUMES ALL LIABILITY FOR ANY AND ALL DEPENDENCE AND/OR RELIANCE UPON THIS INFORMATION AND ASSUMES ALL RESPONSIBILITY RELATING THERETO. ANY AND ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE ARE SPECIFICALLY AND EXPRESSLY DISCLAIMED. CONSULTANT SHOULD NOT RELY UPON THE GIS DATA WITHOUT PROPER FIELD VERIFICATION FOR ANY PURPOSE. DATED this 24th day of September , 2020. CITY OF TEMPE, ARIZONA By: ▇▇▇▇▇ ▇. ▇▇▇▇▇, Mayor By: Engineering and Transportation Director ATTEST: Recommended By: ▇▇▇▇▇ ▇. ▇▇▇▇▇, City Clerk Deputy Engineering and Transportation Director/City Engineer APPROVED AS TO FORM: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, City Attorney CONSULTANT ▇▇▇▇▇▇ & Associates Consulting Engineers, Inc. Federal I.D. No./Social Security No. August 14, 2020 ▇▇. ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ Project Manager/Senior Civil Engineer Engineering and Transportation Department PO Box 5002, Mail Code 01-B ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ EXHIBIT A ▇▇. ▇▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇ Engineering is pleased to provide this proposal for the design of the ASU Campus Waterline Replacement Project. The City of Tempe (City) owns public water mains throughout the Arizona State University (ASU) Tempe Campus. The City has reviewed water main break history and is prioritizing replacement of water mains at the ASU Tempe Campus. The first phase of water main replacements is intended to be accomplished concurrent to other construction activities at the ...
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GIS Data Disclaimer a. All GIS data is provided “as is.” The Parties expressly disclaim any and all warranties, express or implied, including, but not limited to, any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing, or in electronic form including, but not limited to, the accuracy or completeness of any information contained in or provided by the GIS data. The Parties do not represent or warrant that access to GIS data will be uninterrupted or that there will be no failures, errors, omissions, or loss of transmitted information. b. In no event shall either Party be liable to the other for any special, indirect, or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits arising out of or in connection with the use or performance of GIS data under this Agreement.
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