Common use of Use of Report Clause in Contracts

Use of Report. 0.1 The Client acknowledges that any Report or interim reports or results of the Services, prepared by ▇▇▇▇▇▇▇ in terms of this Agreement are prepared for use by the Client. The Client agrees that the Report or any interim reports shall always be quoted in full, and not in part, summary or precis form and shall when reproduced contain the disclaimer stipulated in clause 13.2 except as may be agreed between the Parties in terms of Clause 14. ▇▇▇▇▇▇▇ acknowledges that all Reports it generates and all reports prepared by the Consultants under its supervision for the Definitive Feasibility Study, shall conform to the provisions of National Instrument 43-101 of Part 4, Distribution Requirements, of the British Columbia Securities Commission. 0.2 The Report shall be issued subject to the following disclaimer: "The Report is based in part upon documents, data, information and assumptions made by and/or supplied by Minera Y Metallurgica Del Boleo, S.A. de C.V. or by Baja Mining Corporation or any third party on either Minera Y Metallurgica Del Boleo, S.A. de C.V. or by Baja Mining Corporation's behalf including the Consultants or the testwork and procedures by contractors and that the Report shall always be quoted in full and not in part, summary or precis form. Save as expressly stated in the Report, ▇▇▇▇▇▇▇ did not attempt to verify the accuracy or sufficiency of such documents, data, information and assumptions supplied to ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ does not warrant or guarantee the correctness of such documents, data, information or assumptions nor does it accept any responsibility or liability for the accuracy, sufficiency, reliability or validity of such documents, information, data and assumptions or for any findings, observations and conclusions based upon such documents, information, data and assumptions. Notwithstanding that reasonable skill, care and diligence have been exercised in the performance of the Services required for the preparation of the Report, neither ▇▇▇▇▇▇▇ nor, its principals, subcontractors, officers, directors and employees shall accept any liability to any other third party to whom this Report is presented for any loss or damage whether direct or indirect arising from statements made by ▇▇▇▇▇▇▇; the use, reliance upon or the interpretation of this Report or of information contained in this Report or for any design, engineering or other work performed using this Report or for any changes, alterations or additions to the results of the Report. ▇▇▇▇▇▇▇ disclaims any implied warranties, or warranties imposed by law, including of compliance, merchantability, fitness for a particular purpose, and custom and usage. ▇▇▇▇▇▇▇ retains all intellectual property rights in the Report and all documents and materials produced by it. " 0.3 The Client hereby indemnifies and agrees to hold ▇▇▇▇▇▇▇ harmless from any and all liability, claims, costs, including legal costs, arising from the use, reliance upon or interpretation of the Report and against all claims from third parties which may arise directly or indirectly as a result of the failure by the Client to comply with the provisions of this Clause 13, or in relation to the Services or as a result of any third party’s reliance, use or interpretation of the Report prepared by ▇▇▇▇▇▇▇.