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perform all future material obligations under the Contract Documents, which assurances <br /> shall be provided within ten days after receiving notice of the request; and <br /> 11.5.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court <br /> to seek assumption or rejection of the Contract within 60 days of the institution of the <br /> bankruptcy filing and shall diligently prosecute such action. <br /> If the Bankrupt Party fails to comply with its foregoing obligations,the non-Bankrupt Party shall be <br /> entitled to request the bankruptcy court to reject the Contract, declare the Contract terminated and <br /> pursue any other recourse available to the non-Bankrupt Party under this Article 11. <br /> 11.5.2 The rights and remedies under Section 11.5.1 above shall not be deemed to limit the ability <br /> of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract <br /> Documents or by law, including its ability to seek relief from any automatic stays under the United <br /> States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision <br /> of these General Conditions of Contract. <br /> Article 12 <br /> Electronic Data <br /> 12.1 Electronic Data. The parties recognize that Contract Documents, including drawings, <br /> specifications and three-dimensional modeling (such as Building Information Models) and other <br /> Work Product may be transmitted among Owner, Design-Builder and others in electronic media as <br /> an alternative to paper hard copies (collectively"Electronic Data"). <br /> 12.2 Transmission of Electronic Data <br /> 12.2.1 Owner and Design-Builder shall agree upon the software and the format for the <br /> transmission of Electronic Data. Each party shall be responsible for securing the legal rights to <br /> access the agreed-upon format, including, if necessary, obtaining appropriately licensed copies of <br /> the applicable software or electronic program to display, interpret and/or generate the Electronic <br /> Data. <br /> 12.2.2 Neither party makes any representations or warranties to the other with respect to the <br /> functionality of the software or computer program associated with the electronic transmission of <br /> Work Product. Unless specifically set forth in the Contract, ownership of the Electronic Data does <br /> not include ownership of the software or computer program with which it is associated,transmitted, <br /> generated or interpreted. <br /> 12.2.3 By transmitting Work Product in electronic form,the transmitting party does not transfer or <br /> assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article <br /> 4 of the Contract. Under no circumstances shall the transfer of ownership of Electronic Data be <br /> deemed to be a sale by the transmitting party of tangible goods. <br /> 12.3 Electronic Data Protocol <br /> 12.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or <br /> otherwise, due to occurrences beyond their reasonable control or knowledge, including but not <br /> limited to compatibility issues with user software, manipulation by the recipient, errors in <br /> transcription or transmission, machine error, environmental factors, and operator error. <br /> Consequently, the parties understand that there is some level of increased risk in the use of <br /> Electronic Data for the communication of design and construction information and, in consideration <br /> of this, agree, and shall require their independent contractors, Subcontractors and Design <br /> Consultants to agree, to the following protocols,terms and conditions set forth in this Section 12.3. <br /> 12.3.2 Electronic Data will be transmitted in the format agreed upon in Section 12.2.1 above, <br /> including file conventions and document properties, unless prior arrangements are made in <br /> East Clearwell Project General Conditions of Contract Page 24 <br />