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a. The 5:Tolicy Manual . The term"Policy Manuals refers to the version of the LEED Certification Policy Manual
<br /> identified below:
<br /> LEER Certification Policy Manual
<br /> The Policy Manual is published by GBCI and is available within LEED Online. This document contains extensive
<br /> information and instructions related to the LEED certification program including associated policies, processes,
<br /> services, requirements,guidelines,and fees.
<br /> b. The LEED Project Registration Agreement The term"LEED Project Registration Agreement"refers to that
<br /> agreement which was executed at the time the Project for which you are now seeking review was registered with
<br /> GBCI. While the Registration Agreement pertaining to the Project may have been entered into by another party,you
<br /> and we hereby specifically agree that the terms and conditions of the LEED Project Registration Agreement,as well as
<br /> the documents incorporated therein by reference, are hereby incorporated into this Agreement. You may review an
<br /> archived copy of such agreement within the"Registration Details"page within LEED Online.
<br /> c. The Application. LEED Online is primarily made up of collections of electronic data entry screens ("forms")
<br /> which are particular to the rating system and other requirements applicable to the LEED Rating System you have
<br /> selected for your Project.These forms collectively represent a LEED certification application(the"Application"). The
<br /> Application is made available exclusively within LEED Online.
<br /> This Agreement,with the incorporated documents,constitutes a fully integrated agreement that supersedes any and all
<br /> prior agreements between you and us concerning this Project. You agree to comply with the terms,conditions and
<br /> provisions of all incorporated documents whether or not any particular condition or provision is referenced in this
<br /> Agreement.The incorporated documents are intended to be complementary and interpreted in harmony.In the event of
<br /> any conflict,this Agreement shall take precedence,followed in descending order by(a) the Policy Manual, (b) the
<br /> Registration Agreement (including all documents incorporated by reference into the Registration Agreement) and (c)
<br /> Application. The Terms And Conditions For The Use Of LEED Online Version 3,which govern the use of the LEED Online
<br /> website,are not superseded by this Agreement.
<br /> 3. Application Modification.While GBCI takes reasonable efforts to ensure the functionality of each form within
<br /> the Application,these forms may contain calculative or programmatic errors that could potentially cause a form to
<br /> misrepresent compliance or non-compliance with an MPR, prerequisite or credit. Regardless of the presence or impact of
<br /> any error within the forms, the documentation submitted for your Project must demonstrate compliance with the
<br /> applicable underlying requirements of all MPRs,prerequisites and credits. GBCI may request additional documentation or
<br /> resubmission of calculations for the purpose of determining such compliance.
<br /> 4. License to View,Display,Publish and Reproduce Certain Project Information . In order to complete the
<br /> LEED certification process you must submit extensive information to us related to your Project. Some of this information
<br /> may contain valuable intellectual property such as copyrighted materials and/or trademarks. You hereby grant us a
<br /> limited, non-exclusive and non-revocable license to access and view all information submitted to us by you, or on your
<br /> behalf, in relation to this Project.This license also includes the right for us and for USGBC to use, reproduce, publish and
<br /> display this information in the limited ways identified in the Policy Manual.These rights take effect at the time you upload
<br /> or enter information into your application within LEED Online,or such information is so entered on your behalf, regardless
<br /> of whether such application is ever submitted for review, and survive beyond any termination of this Agreement.
<br /> 5. Trademarks held by GBCI and USGBC. GBCI and USGBC collectively own and/or maintain licenses to use
<br /> several proprietary trademarks,service marks,certification marks, logos and other graphic images, including, but not
<br /> limited to,the LEED trademark and the LEED Certification Trademarks,which are powerful marketing tools and valuable
<br /> assets held by GBCI and USGBC respectively. These Marks constitute valuable intellectual property held by GBCI and
<br /> USGBC and are protected by foreign and domestic laws. Unauthorized use of these Marks constitutes both intellectual
<br /> property infringement and a breach of this Agreement. Further,you specifically acknowledge that monetary
<br /> compensation alone may be an insufficient remedy for any unauthorized use and agree that we may seek injunctive
<br /> relief.
<br /> While your Project is under review,we grant you the right to use the appropriate Marks to indicate that your Project is
<br /> registered under the LEED certification program as further provided in the Policy Manual. However,you are prohibited
<br /> from using the Marks in a manner that indicates or implies,as determined by us in our sole and absolute discretion,that
<br /> your Project has achieved,or will achieve, LEED certification at any level. If your Project is awarded LEED certification,we
<br /> grant you a limited, non-exclusive, revocable,and royalty-free license to use the appropriate Marks for your Project,
<br /> subject to the restrictions of use set forth in the Policy Manual.
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