Additional Service Specific Terms:
Client’s Consent to Network Intrusion and Waiver of Claims:
Some of the techniques Fortra will employ in providing the Services would constitute improper and unauthorized access, absent the consent thereto given by Client to Fortra herein. Accordingly, on the condition that Fortra performs the Services in accordance with the terms of this Agreement, Client provides its consent to Fortra’s employment of such invasive and/or intrusive techniques as being part of the Services to be performed at Client’s request pursuant to this Agreement.
Client acknowledges that, notwithstanding Fortra’s performance of the Services in accordance with the terms of this Agreement, Fortra may inadvertently cause damage to Client’s system or data, including causing Client’s system to suffer degraded performance or responsiveness. On the condition that Fortra performs the Service in accordance with the terms of this Agreement, and excluding any action of Fortra as described in Section 10 of the Master Solution Agreement, Client agrees to waive any and all claims against Fortra for any such damage, including damage that may be caused by Fortra actually gaining access to such System.
Client’s conditional consent to Fortra’s actions and conditional waiver of claims are based on Client’s understanding of its own system as well as its understanding of the Service to be provided pursuant to this Agreement. Client further warrants and represents that it has had the opportunity to question Fortra regarding the Services and the techniques involved in implementing the Service, and therefore agrees that its conditional consent and waiver constitute an informed conditional consent and waiver.
Notwithstanding any provision of this Article to the contrary, Fortra remains obligated to indemnify Client from and against Losses pursuant to the provisions of Section 10 of the Master Solution Agreement