Exhibit 3 - CAD Release Form.pdf

TOBYHANNA ARMY DEPOT

AGREEMENT AND RELEASE OF ELECTRONIC FILES

Computer Aided Drafting (CAD) files shall be referenced as electronic files prepared in a Computer Aided Drafting format, (i.e., AutoCAD .DWG file format) containing representations of certain drawings prepared by Tobyhanna Army Depot (TYAD), and to the extent applicable, its contractors. The files shall be delivered by electronic transmission via email or a delivery method determined by TYAD.

Recipient shall refer to the company requesting electronic release of CAD files.

The Recipient has requested that TYAD furnish CAD files in reference to the Request for Proposal (RFP) posted to “beta.SAM.gov” for solicitation number W25G1V-21-R-0011 - Automated Storage and Retrieval System Modernization. In consideration of the agreements by the Recipient contained herein, the TYAD hereby agrees to furnish to the Recipient the CAD Files, and the Recipient hereby agrees to accept the CAD Files, subject to all of the following terms and conditions:

1. The CAD Files prepared by TYAD, and to the extent applicable, its contractors contain representations of certain elements of the Project, and are not necessarily complete, nor are the CAD Files comparable or identical to final construction drawings. TYAD makes no representations or warranties with respect to the accuracy or completeness of the CAD Files.

2. TYAD does not recommend the Recipient use the CAD Files in connection with the preparation of shop drawings.

Should the Recipient choose to do so, however, the Recipient shall do so at its own risk.

3. The Recipient’s rights to use the CAD Files are limited to use for the sole purpose of assisting in the Recipient’s review and consideration of the Project. TYAD is granting no further rights under this Agreement and Release. Any reuse or other use by the Recipient will be at the Recipient’s sole risk and without liability to TYAD.

4. TYAD and, to the extent applicable, its contractors utilized in the creation of the CAD Files, do not by providing the CAD Files thereby relinquish any proprietary or other rights of ownership to the CAD Files or any of the data contained therein, including common law, statutory, and other rights, along with, without limitation, copyrights.

5. The Recipient hereby waives and releases any losses, claims, damages, liabilities of any nature whatsoever, and costs (including attorney fees) arising out of, resulting from, or otherwise related to the use of the CAD Files by the Recipient. The Recipient, to the maximum extent permitted by law, hereby agrees to indemnify, defend and hold TYAD harmless from all loses, claims, damages, liabilities, and costs (including attorney fees) arising out of, resulting from, or otherwise related to the use of the CAD Files by the Recipient.

6. Nothing in this Agreement and Release shall be construed as to relieve the Recipient of any of its obligations (such as, by way of illustration, the obligation to make field measurements or to coordinate drawings) under any contract with respect to the Project.

TOBYHANNA ARMY DEPOT

Authorized Acknowledgement and Acceptance

Recipient (Company Name):

Signature

Printed Name and Title

Date