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   <p>
  -  <strong>WHEREAS</strong>, BWH is receiving support from the National Heart, Lung, and Blood Institute (<strong>“NHLBI”</strong>) to establish and operate a web-based collection of existing de-identified sleep study and related covariate data originating from past NHLBI-funded research studies (the <strong>“Data”</strong>), such collection known as the National Sleep Research Resource (<strong>“NSRR”</strong>); and
  -</p>
  -
  -<p>
  -  <strong>WHEREAS</strong>, the purpose of the NSRR is to facilitate access to and use of the Data by third-party researchers to conduct sleep research in accordance with NHLBI and BWH policies and procedures (the <strong>“Purpose”</strong>); and
  -</p>
  -
  -<p>
  -  <strong>WHEREAS</strong>, to the extent permitted by its Institutional Review Board and institutional policies, BWH wishes to make the Data, in the form of one or more <strong>“Datasets,”</strong> available to Data User, and Data User wishes to receive the Datasets, for this Purpose under the terms and conditions of access set forth herein;
  +  <strong>WHEREAS</strong>, BWH is receiving support from the National Heart, Lung, and Blood Institute (<strong>"NHLBI"</strong>) to establish and operate a web-based collection of existing de-identified sleep study and related covariate data originating from past NHLBI-funded research studies (the <strong>"Data"</strong>), such collection known as the National Sleep Research Resource (<strong>"NSRR"</strong>); and
  +</p>
  +
  +<p>
  +  <strong>WHEREAS</strong>, the purpose of the NSRR is to facilitate access to and use of the Data by third-party researchers to conduct sleep research in accordance with NHLBI and BWH policies and procedures (the <strong>"Purpose"</strong>); and
  +</p>
  +
  +<p>
  +  <strong>WHEREAS</strong>, to the extent permitted by its Institutional Review Board and institutional policies, BWH wishes to make the Data, in the form of one or more <strong>"Datasets,"</strong> available to Data User, and Data User wishes to receive the Datasets, for this Purpose under the terms and conditions of access set forth herein;
   </p>
   
   <p>
  
positive.code: </p>
  
  <p>
    9. THE DATA / DATASETS AND ALL OTHER MATERIALS, TOOLS OR CONTENT ON HTTPS://SLEEPDATA.ORG ARE PROVIDED “AS IS.”  BWH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE DATA/DATASETS OR MATERIALS, TOOLS OR CONTENT, OR THE RIGHTS GRANTED HEREIN, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AND HEREBY DISCLAIMS THE SAME.
  </p>
  
  <p>
    10. IN NO EVENT SHALL BWH OR ANY OF BWH’S RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, MEDICAL OR PROFESSIONAL STAFF, EMPLOYEES AND AGENTS BE LIABLE TO THE DATA USER FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING IN ANY WAY OUT OF THIS DAUA OR RIGHTS GRANTED HEREIN, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, ECONOMIC DAMAGES OR INJURY TO PROPERTY OR LOST PROFITS, REGARDLESS OF WHETHER BWH SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.
  </p>
  
  <p>
    11. Data User shall indemnify, defend and hold harmless BWH and its affiliates and their respective trustees, directors, officers, medical and professional staff, employees, and agents and their respective successors, heirs and assigns (the <strong>“Indemnities”</strong>), against any liability, damage, loss or expense (including reasonable attorneys’ fees and expenses of litigation) incurred by or imposed upon the Indemnitees or any one of them in connection with any claims, suits, actions, demands or judgments arising out of any theory of product liability (including, but not limited to, actions in the form of contract, tort, warranty, or strict liability) concerning any product, tool, technology, process or service made, used, or sold or performed pursuant to any right granted under this DAUA.  Data User agrees, at its own expense, to provide attorneys reasonably acceptable to BWH to defend against any actions brought or filed against any party indemnified hereunder with respect to the subject of indemnity contained herein, whether or not such actions are rightfully brought; provided, however, that any Indemnitee shall have the right to retain its own counsel, at the expense of Data User, if representation of such Indemnitee by counsel retained by Data User would be inappropriate because of conflict of interests of such Indemnitee and any other party represented by such counsel.  Data User agrees to keep BWH informed of the progress in the defense and disposition of such claim and to consult with BWH prior to any proposed settlement.
  </p>
  
  <p>
  
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        <div>
        Signature of Data User (or Data User's Duly Authorized Representative, if an organization)
        </div>
      </div>
    </div>
  