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I. l <br /> 10.2 The Non-ORCA Elements on the ORCA UW Cards provided under this Agreement <br /> include the following: <br /> a. a white blank space on one side of the card on which the University may print its own <br /> content including: an I.D. number and I.D. photo of each student/faculty/staff to whom <br /> the card is distributed; and other graphics, logo and text as determined by the University. <br /> b. a white blank space with a non-programmed, high coercivity magnetic stripe on the <br /> back side of the card that may be used by the University for its Non-ORCA purposes <br /> such as providing a method for payment and access to various facilities and services <br /> other than ORCA Services. The magnetic stripe shall be placed at the bottom of the <br /> back of the card and extend the entire width of the card. <br /> 10.3 ORCA Elements on the ORCA UW Card include the following: <br /> a. a RFID chip embedded in the ORCA UW Card stock in the upper right corner(if <br /> looking at the front of a card), excluding the ESN. <br /> b. the ORCA transportation application that allows for loading and use of ORCA <br /> Products but with a block on the loading and use of stored transportation value in the <br /> ORCA electronic purse (e-purse). <br /> c. the CSN and CVN printed directly above the magnetic stripe. <br /> d. printing by the University of the ORCA logo, as defined by the ORCA Graphics <br /> Standards Manual, in the University's I.D. Card design. <br /> 10.4 The University agrees that, in placing the Non-ORCA Elements on the ORCA UW <br /> Cards, it will not modify or obscure the ORCA Elements preprinted on the ORCA UW <br /> Cards provided under this Agreement. Further, the University will print the ORCA logo <br /> on the ORCA UW Cards, in a location that does not interfere with, or impinge on the <br /> blank space provided for, the Non-ORCA Elements. <br /> 10.5 a. The Parties understand and agree that: the ESN is an unencrypted number embedded <br /> in the ORCA Card's microchip by the card manufacturer; is not an ORCA Element; is not <br /> included in the microchip with the intent to serve an Institution purpose; and any use of the <br /> ESN by the University or College, respectively, their departments, facilities, employees, <br /> agents, contractors and students is at such entity or person's sole discretion and risk. The <br /> Participating Agencies disclaim all warranties and duties of every kind, express, implied or <br /> statutory, regarding the ESN or its use, including but not limited to any implied warranties <br /> of merchantability or fitness for a particular purpose or created by trade usage, course of <br /> dealing or course of performance, any warranties of quiet enjoyment or non-infringement <br /> and any warranties of workmanlike effort or lack of negligence. By way of example and not <br /> limitation, the Participating Agencies disclaim any warranty and do not represent or <br /> warrant that the ESN, any use of the ESN or any data resulting from such use will be <br /> reliable, uninterrupted, timely, secure or free from error or defects. <br /> b. The University or College, as applicable, shall defend, indemnify and hold harmless the <br /> Participating Agencies, their respective officers, officials, agents and employees (herein, <br /> ORCA Indemnitee(s)), from and against any and all suits, claims, actions, losses, costs, <br /> penalties and damages of whatsoever kind or nature to the extent they arise out of, or <br /> relate to any use of the ESN by the University or College, respectively, or any data <br /> resulting from such use ("ESN Claims"). This defense and indemnification obligation shall <br /> 54 <br /> U-PASS Agreement Page 9 of 44 Final, October 2011 <br />