Educational Use Only S A M P L E S A M P L E

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1 CONSENSUSDOCS ELECTRONIC COMMUNICATIONS PROTOCOL ADDENDUM This Addendum is entered into by and between the Parties identified in Section 2 below for the following Project: 1.0 INTRODUCTION 1.1 Electronic Communications. The Parties acknowledge that use of computer technology to exchange Project information and documents electronically ( Electronic Communications ) can increase Project productivity by providing an accurate record of data conveyance, and by reducing the time and cost otherwise necessary to convey Contract Documents and project information via manual, or non-electronic written means. To help facilitate uniform and secure transmittal of Electronic Communications, as well as maximize the interoperability and compatibility of system components and formats used to convey them, and to protect and preserve data exchanged via Electronic Communications, the Parties hereby agree that their Electronic Communications on this Project will be governed by the protocols, procedures, and limitations set forth in this Addendum. 1.2 Reliance. The Parties agree that only Electronic Communications prepared in the formats and transmission methods identified in this Addendum shall be relied on for purposes of binding information transfer for this Project. 1.3 Integration with Contract Documents. To the extent the terms and conditions of the Parties' 1

2 respective Project Agreements, including, but not limited to, copyright, confidentiality and notice requirements, conflict with this Addendum, this Addendum shall control. Capitalized terms not otherwise defined in this Addendum shall have the same meaning as set forth in ConsensusDOCS Document PARTIES NOT FOR REPRODUCTION 2.1 Participating Parties. The following persons and entities participating in this Project (singularly, Party, and collectively, Parties ) are hereby given the right to have access to Project Electronic Communications to the extent provided herein and, by their use of such Electronic Communications, respectively agree to abide by all the terms and conditions of this Addendum: Owner Contractor Subcontractors: Sub-subcontractors: Material Suppliers: Architect/Engineer Design Consultants: Others: If this Addendum is entered into before all the above Parties have entered into contracts for the Project, the Owner, Contractor and Architect/Engineer shall each be responsible to provide a copy of the Addendum to their respective third-party contractors, subcontractors, consultants and suppliers, and to incorporate the terms of this Addendum by reference or attachment into those Project 2

3 contracts. 3.0 INFORMATION TECHNOLOGY ADMINISTRATORS 3.1 IT Administrators. Before making or utilizing any Project Electronic Communications, each of the Parties shall designate an information technology administrator, authorized and responsible to coordinate that Party's compliance with the technical protocols and procedures of this Addendum ( IT Administrator ) and give written notice of this designated IT Administrator to the other Parties. The following persons are hereby designated for the Project: Owner IT Administrator: Name: Address: Telephone: Contractor IT Administrator: Name: Address: Telephone: Architect/Engineer IT Administrator: Name: Address: Telephone: All other IT Administrators and their electronic contact information shall be designated in a list assembled and conveyed by the IT Management Coordinator to all Parties. 3.2 IT Management Team The respective IT Administrators for the Owner, Contractor and Architect/Engineer ( IT Management Team ) shall have the responsibility to jointly develop procedures, protocols and practices needed for the effective administration of Electronic Communications throughout the Project consistent with the requirements of this Agreement. Each of the Parties shall bear its own costs of participation in the IT Management Team. The IT Management Team will determine and publish to the Parties any hierarchy or tiered access to Electronic Communications information or documents determined to be necessary based on the responsibilities and needs of the various Parties In developing procedures for use, synchronization protocols, audit trails, updating of digital models or other compilations of records, responsibility for various elements of the Project systems, and other administrative matters regarding Project Electronic Communications, the IT Management Team shall use best efforts to reach unanimous consensus and shall act in the best interests of the Project as a whole. To the extent consensus cannot be reached among the IT Management Team, the Owner shall make a determination in the best interest of the Project as a whole. 3.3 IT Management Coordinator. 3

4 3.3.1 The following person/entity is hereby designated as the day-to-day technology management coordinator for all Project Electronic Communications issues ( IT Management Coordinator ): Name: Address: Telephone: The services of the IT Management Coordinator shall be paid by (name party). Payments shall be made no later than 20 days after receipt of an accurate invoice, unless a shorter time period is required by applicable state statute The IT Management Coordinator will obtain contact information for all other Parties and their designated and authorized IT Administrators ( User List ), maintaining an updated list of this information at all times throughout the Project at the following location(s): Project website Project jobsite office Other location: The IT Management Coordinator will supervise and administer the activities of any Third Party Service Provider (TPSP) identified in Section 6. In addition, the IT Management Coordinator will assist in resolving Electronic Communications system non-compliance, interference or failures, working with necessary Parties to assist them in their compliance with Addendum requirements, and documenting and conveying to all of the Parties necessary changes, if any, in the System Parameters identified in Section 4.0 arising from such activities The IT Management Coordinator will issue passwords and privileges for access, if any, to all or part of the System that conveys Electronic Communications for the Project. The IT Management Coordinator will also establish authenticity certifications and electronic signatures protocols for the Project The IT Management Coordinator will designate a person or entity to act as a model facilitator with responsibility to collect, input and update the logical product model or other data assembled for virtual design modeling used on the Project ( Model Facilitator ). The Model Facilitator will lead the analysis of clash detection and will provide updates to the Parties as they are added to the model. Each Party shall be responsible to provide data for their own portion of the Project in such model All other responsibilities of the IT Management Coordinator shall be as periodically designated by the IT Management Team throughout the Project. 3.4 Webmaster The following person/entity is hereby designated as the party responsible for the creation and day-to-day operation and maintenance of the Project Website ( Webmaster ): Name: Address:. 4

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