Quantity Worksheet Window

The quantity worksheet window is used to organize drawings, measurements and annotations. It also lets you perform calculations and easily transfer them to other applications. Use the View Ribbon bar’s Quantity Worksheet button to show or hide the Quantity Worksheet Window

The heart of the worksheet window is the Worksheet Tree/Grid Control (see Figure 1 below). This tree part of the control allows you to define a hierarchy of project information (items). The structure of the hierarchy is up to you. The CSI Master Format structure is often used. It has 16 divisions at the top level, with four or five digit codes at the next level. The tree structure lets you open and close branches in the tree, showing more or less detail. When you open a branch, it’s “child” or “member” branches become visible. The grid part of the control allows you to display or hide different columns of information.

You can assign measurements and annotations to the item branches in the tree. This can be done by simply dragging them from the drawing, or you can have them assigned automatically. Assigning measurements to items allows you to accumulate measurement quantities and even use them in calculations. The item quantities can then be dragged and dropped to other applications such as Excel.

Assignments can also be used to drill down to specifics in the drawings. If you’re looking for information about a concrete slab, you can browse down through the tree until you find it. Then you can double click on the assigned measurements and annotations and jump to a view of the drawing they came from.

Window Layout

Figure 1: The Quantity Worksheet Window

Figure 1 shows the quantity worksheet window. Most of the window is taken up by the worksheet grid. The grid is actually a combination of a grid and a tree. Like a grid, it has columns and rows. But the rows are hierarchical – like a tree control.

Grid Rows

The first row in the grid is the “Project Branch”. Below the project branch are the “Item Branches”. There can be multiple levels of item branches. Measurements and Annotations can be assigned to item branches. These assignments are shown as children of the item they’re assigned to. Figure 1 shows all the different branch types. They can be easily identified by the unique icon for each type.

Grid Columns

At the top of the grid are the column headings. The columns are highly configurable:

You can change the width of a column by dragging the line at the end of the column heading.
You can delete a column by right-clicking on the column heading and selecting “Delete” from the context menu.
You can insert a column by right-clicking on the column heading, selecting “Insert column” from the context menu and selecting the desired column from the list.
You can add columns to the end of the grid by right-clicking the square area above the vertical scroll bar. Select “Add column” from the context menu, then select the desired column from the list.

The following columns are available:

Breakdown Code – This is usually the first column. (We highly recommend that but it’s not required.) It includes the tree control lines and boxes and the branch-type icon (see Figure 1). You can left-click the tree control box or double-click anywhere in a breakdown code cell to open or close a branch (show or hide the child branches). For Item Branches, the cells also display the Breakdown Code. In Figure 1, these are numeric codes following the CSI Master Format coding, but breakdown codes are user-defined (see Quantity Worksheet Breakdown Window).
Description – The Project Branch displays the project description in this column. Item, Measurement and Annotation branches display their associated description. The descriptions can be edited directly in the cell (except the project description).
Drawing – Measurement and Annotation branches display their drawing name in this column.
Layer – Measurement and Annotation branches display their assigned layer in this column.
Quantity – Measurement branches display their measurement quantity in this column. This may be the area, point count, length or perimeter depending on the data type of the measurement’s trace. Item branches may display a calculated quantity, the total of the assigned measurements’ quantities or a user-defined quantity. The quantity type is specified in the Item Properties Window.
Trace – Traces define the colors and other characteristics used to display a measurement. The trace column displays a graphical representation of the associated trace. For Measurement Branches, this is the measurement’s trace. Item Branches may have a trace which is copied to all measurements assigned to them.
Unit of Measure or U/M – For Measurement and Item Branches, this column displays the unit of measure for the branch’s quantity. The “Unit of Measure” column will display a full description such as “Cubic Yards”. The U/M column provides an abbreviated description such as “CuYd”. When you focus on a unit of measure cell, a down-arrow button is displayed. You can click on that button and select another unit of measure.

Extension – If the item or measurement uses an extension, the extension icon followed by the extension name is displayed in this column. If the extension is invalid (not all fields entered), the extension error icon: will be displayed. If a measurement has an extension that is different than the extension of the item it’s assigned to, the extension name will be displayed in a red emphasized font.

Bid Code – The bid code WITHOUT the description is displayed in this column.
Bid Code Description – The bid code description WITHOUT the bid code is displayed in this column.
Bid Code – Description – The bid code AND the description are displayed in this column.
Issues – This column will display a count of the number of issues that reference the measurement or annotation. (It will be blank for worksheet items.) If any of the issues are unresolved or critical, an indicator icon will also be displayed.
Page – This column will display the drawing page number for the measurement or annotation. (It will be blank for worksheet items.) If a page description exists, that will be displayed also.

In some cases you may want to use several different quantities from the same measurement. For example, the area might determine the carpet required while the perimeter determines the base length. In the Trace Edit Window you can define up to three additional quantities to display for a measurement. The columns below let you display information about the additional quantities. For Item and annotation branches, the cells will be empty.

Quantity 2 – 4 – The quantity for the additional data type is displayed in this column. This may be the area, point count, length or perimeter depending on data type 2 – 4 of the measurement’s trace. If the measurement’s trace uses an extension, it may be one of the extension quantities.
Type 2 – 4 – The measurement’s data type 2 – 4 (Area, Count, Length or Perimeter) is displayed in this column. If the measurement’s trace uses an extension, it may be one of the extension variables.
Unit of Measure 2 – 4 or U/M 2 – 4 – This column displays the unit of measure for the measurement’s display types 2 – 4. The “Unit of Measure” column will display a full description such as “Cubic Yards”. The U/M column provides an abbreviated description such as “CuYd”.

Saving and Re-loading Column Configurations

You will probably want to configure the columns differently for different purposes. For example, you might have one configuration for reviewing information and another for transferring information to Excel or other applications.

When you right-click in the column heading (any column), you will see the menu option “Save Column Configuration…”. Select it and the Column Configuration Naming Window will appear.

Figure 2: The Column Configuration Naming Window

You can enter a name for the current configuration. If you wish to replace an existing configuration, you can press the down-arrow button and select from the list. Once you have entered a name, press the “OK” button and the configuration will be saved.

To re-load a saved configuration, right-click in the column heading and select “Load Column Configuration” from the menu. A sub-menu will appear listing the saved column configurations. Select a configuration and the columns will be set to match the configuration.

To delete a column configuration you no longer want, right-click in the column heading and select “Delete Column Configuration” from the menu. A sub-menu will appear listing the saved column configurations. Select a configuration and it will be deleted from the saved configurations

Resizing the Quantity Worksheet Window

You can change the size of the quantity worksheet window by dragging the edges or corners of the window or the Resizing Control in the lower right-hand corner of the window. The grid will expand or contract to adjust to the new window size. Dimension will remember the window size and re-use it as you close and re-open the window.

Command Buttons

Above the grid, at the top of the Quantity Worksheet Window are the command buttons:

Add Branch

Press this button to add a child branch to the branch that currently has focus. For example, to add a top-level branch, put the focus on the Project Branch and press this button. The Item Properties Window will appear. Fill in the item properties and press “OK”. The child item branch will be added. (You won’t see it unless the parent branch is “open”.) This can also be done by selecting “Add a New Item…” from the context menu.

This button will be disabled in the Basic Viewer. It will also be disabled if you have defined a breakdown structure and the current node is at the last level of that structure.

Clone Branch

To add an item branch which is similar to another branch, put the focus on the branch you want to copy and press this button. The Item Properties Window will appear, showing a copy of the focus branch’s properties. When cloning an item, you’ll see a check box labeled “Clone member items”. If you check this box, the new branch will have a copy of all the original branch’s member items. Measurement and Annotation assignments are NOT copied. Modify the item properties as desired and press “OK”. The “sibling” item branch will be added. This can also be done by selecting “Clone Item…” from the context menu.

This button will be disabled in the Basic Viewer.

Delete Branch

Press this button to delete a branch and all of its descendents. This can also be done by selecting “Delete Item…” from the context menu.

This button will be disabled in the Basic Viewer.

Branch Properties

Press this button to review and/or change the properties of an Item Branch. The Item Properties Window will appear. Modify the item properties as desired and press “OK”. This can also be done by selecting “Display/Edit Item Properties…” from the context menu.

This button will be disabled in the Basic Viewer.

Increase Decimal Places

Press this button to increase the number of decimal places in the Quantity column.

Decrease Decimal Places

Press this button to decrease the number of decimal places in the Quantity column.

Show/Hide Comma Separator

Press this button to show or hide the comma separator for numeric values (12345.00 vs 12,345.00).

Press this button to print the quantity worksheet. The Quantity Worksheet Print Window will be displayed, allowing you to select various options before printing.

Copy/Drag Values or Excel Links

This control has three settings that determine what happens when you drag and drop quantities to another application:

Copy/Drag Values

When this option is selected, quantity values will be transferred.
Copy/Drag Item Links

When this option is selected, Excel formulas will be transferred. The cell value will be the quantity of the item you drag or copy. You should only use this when you have installed the Dimension Excel Add-on and are transferring information to an Excel spreadsheet.
Copy/Drag Bid Code Links

When this option is selected, Excel formulas will be transferred. The cell value will be the total quantity of the all worksheet items using the Bid Code of the item you drag or copy. You should only use this when you have installed the Dimension Excel Add-on and are transferring information to an Excel spreadsheet.

For more details see the Dimension Excel Add-on.

Audit Mode

When this box is Checked, the behavior of the quantity worksheet and the Main Window changes to facilitate auditing:

As the focus is moved from item to item in the quantity worksheet, the only measurements and annotations displayed in the main windod are those assigned to the item or one of it’s sub items.
Any numeric input items that are blank are displayed with a highlighted background.

For more information see the Auditing Overview.

Hide Unused

When this box is Checked, unused branches in the tree are hidden. A branch is considered unused when it meets the following conditions:

It has no measurements or annotations assigned to it
If it uses a formula, the result of that formula is zero
Any child branches are also unused

Float Window

Dimension allows you to drag quantity worksheet information to other applications. (See Transferring Information to Other Applications.) This is done by “floating” the quantity worksheet window above the other application. Press this button to start or stop floating the Quantity Worksheet Window.

Recalculate Project

Under normal circumstances, the quantity worksheet is automatically recalculated and measurements are added, changed or deleted. But if your system should fail during one of these processes, the recalculation may not finish. Press this button to recalculate the entire quantity worksheet.

Quantity Worksheet Formula Bar

The Formula Bar in the Quantity Worksheet Window allows you to change the Quantity Calculation and the Quantity Formula for an item without displaying the Item Properties Window.

To edit the formula, place the focus on the desired item, then either press the F2 key or click on the Formula Bar. The formula for the item will be displayed with color coding to indicate references to other items. See Figure 2

Figure 3: The Quantity Worksheet Formula Bar

Note the item references in the formula (“Width” and “Depth”) are color coded. The items referenced have an outline of the same color.

When entering a formula, you can enter an item reference by simply clicking on the desired item node. For more information, see Quantity Worksheet Formula Bar.

Creating and Re-using Quantity Worksheets

The first time you open the Quantity Worksheet Window for a new project, the only branch will be the Project Branch. You begin building the quantity worksheet by putting the focus on the project branch, pressing the Add Branch button and filling in the properties. If you have a number of similar branches, you can create one (including its child branches), then use the Clone Branch button to easily create the rest.

This is a lot of work and it may be necessary for the first project. But if many projects use the same or similar quantity worksheets, you can create Quantity Worksheet Templates to re-use quantity worksheets. A quantity worksheet template is a copy of part or all of an quantity worksheet. First, it doesn’t include the measurement and annotation assignments. Secondly, the template may include the entire tree, or just one branch and its descendents. The template is saved as a file outside of the Dimension database.

To create a template, right-click on the branch you want in the template. To include the entire tree, right-click on the Project Branch. Select “Save Tree Branch as Template…” from the context menu. A standard Windows File Save Dialog will be displayed. Specify the file to contain the template and press “Save”. You’ve just created an Quantity Worksheet Template.

This capability is not available in the Basic Viewer.

When you’re ready to use the template in the quantity worksheet, right-click on any Item Branch and select “Import Template…” from the context menu. A standard Windows File Open Dialog will be displayed. Select the template you want to import and press “Open”. The Import Quantity Worksheet Template will be displayed (see Figure 3).

Figure 4: The Import Quantity Worksheet Template Window

When templates are created, they are stored with all of their parent nodes. When they are imported, it often desirable to eliminate some of those parents and/or import them relative to another node.

Figure 4 shows two radio buttons. If you select “Import relative to Project”, the original exported parents will be connected to the project node. If you right-clicked on a lower-level node to start import, you can select “Import relative to [node description]”. If you select this, the exported parent nodes will be connected to that node.

This often creates a chain of several nodes that aren’t needed. Any node that has only one child node can be deleted. Right-click on the node and select “Delete node, move children up”.

When you import a template, you can select the individual branches you want to import. This allows you to import branches as needed. After you select a template, Dimension creates and displays an import tree. It compares the template tree to your existing tree and marks any existing items. In Figure 3, items 01, 02 and 03 are already in the tree and display an Item Branch icon. The other branches display a selection check box. Initially all boxes are checked. You can click on a check box to select or deselect the branch and all of its descendents. Or you can open a branch and select some of the descendents. After making the desired selections, press the “Add” button and the selected branches will be added to the project quantity worksheet.

This capability is not available in the Basic Viewer.

Assigning Measurements and Annotations

There are three ways to assign measurements and annotations to items.

Using the automatic assignment feature of the Worksheet Assignment Control
Using the one-time assignment button on the Work Assignment Control
Dragging them to the quantity worksheet window and dropping them on the desired item

To assign by dragging and dropping, first position the quantity worksheet window so that you can see it as well the measurements and annotations you want to assign. On the Ribbon Bar Home Tab or the Ribbon Bar Annotate Tab, click on the Select button. Then click-down on the measurement or annotation you want to assign. Holding the mouse button down, drag the measurement or annotation to the Breakdown Code cell of the Item Branch where you want it assigned. Then release the mouse button. The assignment is done. If the item branch is open, you will see the assignment as a member branch. If the item branch has a trace for its assigned measurements, you will see the measurement’s appearance change.
To remove the assignment, focus on the assignment branch and press the Delete Branch button.

Assignment is not available in the Basic Viewer.

Transferring Information to Other Applications

Dimension uses the drag and drop technique to transfer information to other applications such as Excel. You can transfer individual cells, rectangles of cells, entire rows, entire columns or even the entire grid.

First, press the Float Window button . Dimension’s main window will disappear and the Quantity Worksheet Window will float above all other windows on your screen. Start or switch to the application that will receive the transferred information. Position the quantity worksheet window so you can see both the information you want to transfer and its destination. The transfer is done by selecting the worksheet window cells, then dragging and dropping them. There are several ways to select cells:

Select single cells by clicking on them.
Select a rectangle of cells by selecting one corner, then holding the Shift key down while clicking on the opposite corner.
Select a column by holding the Shift key down while clicking on the column heading. You can select a range of columns by selecting the starting column in the range, then selecting the ending column.
Select a row by holding the Shift key down while clicking on the row heading (see Figure 1). You can select a range of rows by selecting the starting row in the range, then selecting the ending row.
Select the entire grid by holding the Shift key down and clicking on the area above the row headings and to the left of the column headings.

The selected cells will have a light blue background and will be bordered by a blue line. To transfer them, click-down on one of the selected cells. Holding the mouse button down, drag the cells to the desired destination in the other application and release the mouse button.

Context Menu Options

The Context Menu is displayed when you click the right button on the mouse in the Breakdown Code column of the worksheet. It is displayed where the mouse cursor is positioned on the screen. Pressing the right mouse button on a row of the worksheet moves the focus to that row before the context menu is displayed. The context options are then applied to the focus row.

Assignment rows do not have context menus, the Project row and Item rows do. Which menu options are enabled will depend on whether the focus row is the Project row or an Item row. Here are the possibilities:

Add a New Item… – This option will be enabled for both Project and Item rows. It will be disabled in the Basic Viewer. Selecting this option is the same as pressing the Add Branch Button.
Clone Item… – This option will be enabled for Item rows only. It will be disabled in the Basic Viewer. Selecting this option is the same as pressing the Clone Branch Button.
Delete Item – This option will be enabled for Item rows only. It will be disabled in the Basic Viewer. Selecting this option is the same as pressing the Delete Branch Button.
Display/Edit Item Properties… – This option will be enabled for Item rows only. It will be disabled in the Basic Viewer. Selecting this option is the same as pressing the Branch Properties Button.
Save Tree Branch as Template… – This option will be enabled for both the Project row and the Item rows. It will be disabled in the Basic Viewer. This option allows you to save the entire project or an item and its children as a template. For more information see Creating and Re-using Quantity Worksheets .
Hide Assigned Measurements – This option will be enabled for Item rows only. It will be enabled in the Basic Viewer. When an item is “closed”, its child items and assignments are hidden. When an item is opened the child items are displayed. The assignments may be displayed or may be hidden. Displaying the child items but hiding the assignments is often useful when dragging worksheet information to other applications. This option controls whether assignments are hidden or displayed. If this open has a check mark, assignments are hidden. Choosing this options toggles the status from hidden to displayed or vice versa.
Sub-Item Display – This option will be enabled for both the Project row and the Item rows. It will be enabled in the Basic Viewer. Selecting this option displays a sub-menu of display options for the child items of the focus row, not the focus row itself.
- Open Sub-Items Next Level – Selecting this option will open all the child items for the focus row item. It is equivalent to opening the focus item (if it’s not already opened) then opening each of the child items.
- Open Sub-Items All Levels – Selecting this option will open all the child items for the focus row item as well as the child item’s child items, etc. for all levels
- Open Sub-Items with Measurements – Selecting this option will open all the child items for the focus row item as well as the child item’s child items, etc. for all levels only if the child item has assigned measurements or annotations.
- Close Sub-Items All Levels – This option will be disabled if the focus row item itself is closed. Selecting this option will leave the focus row item opened but will close any child items.
- Hide Sub-Item Measurements Next Level – Selecting this option is equivalent to checking the “Hide Assigned Measurements” option (described above) for all of the focus row item’s child items.
- Hide Sub-Item Measurements All Levels – Selecting this option is equivalent to checking the “Hide Assigned Measurements” option (described above) for all of the focus row item’s child items, the child item’s child items, etc. for all levels.
- Show Sub-Item Measurements Next Level – Selecting this option is equivalent to un-checking the “Hide Assigned Measurements” option (described above) for all of the focus row item’s child items.
- Show Sub-Item Measurements All Levels – Selecting this option is equivalent to un-checking the “Hide Assigned Measurements” option (described above) for all of the focus row item’s child items, the child item’s child items, etc. for all levels.

Shortcut Keys

Insert Key – Pressing this key is equivalent to pressing the Add Branch button
Delete Key – Pressing this key is equivalent to pressing the Delete Branch button

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4. Site Updates. Togal.ai may change, modify, upgrade, or discontinue any aspect or feature of the Site in whole or in part. Such changes, upgrades, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be made by posting such changes to the Site. Togal.ai shall, from time to time, develop New Features, which will be offered to Customers for additional fees.
5. Customer Content. Togal.ai will process Customer Content in order to provide and enhance the Services and Software. The Parties acknowledge and agree that the Customer is at all times the data controller and Togal.ai is a data processor. Customer represents and warrants that it has all necessary rights in the Customer Content to grant Togal.ai the right to use, and Customer hereby grants Togal.ai a non-exclusive, worldwide, royalty-free, transferable, and fully paid license to use, modify, and distribute the Customer Content as used byTogal.ai to provide and enhance the Services. All rights in and to the Customer Content not expressly granted to Togal.ai in this Agreement are reserved by Customer. Customer represents and warrants that any Customer Content hosted by Togal.ai as part of the Services will not (a) infringe or violate the rights of any third party; or (b) be deceptive, defamatory, obscene, or unlawful. Customer acknowledges that any use of the Services by Customer or Authorized Users contrary to or in violation of the representations and warranties of Customer in this section constitutes unauthorized and improper use of the Services. Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content. The Parties acknowledge that Togal.ai does not and cannot review all Customer Content and will not be responsible for such content, and that Customer instructs Togal.ai to delete, move, or edit any Customer Content that Togal.ai determines violates or might violate this Agreement, its Terms of Use, or any applicable law or regulation, or is otherwise unacceptable. Customer acknowledges and agrees that the Customer Content may be shared with third parties as necessary to provide and enhance the Services.
6. Customer Data. Togal.ai will process Customer Data as needed to provide the Services. The Parties acknowledge and agree that the Customer is at all times the data controller and Togal.ai is a data processor. Customer represents and warrants that Customer shall only provide to Togal.ai the minimum amount of personally identifiable information, the extent of which is determined and controlled by Customer in its sole discretion, for each Authorized User, to enable the Authorized User to enjoy the benefit of this Agreement. Customer represents and warrants that Customer is entitled to transfer relevant Customer Data to Togal.ai so that Togal.ai may lawfully use, process, and transfer the Customer Data in accordance with this Agreement on Customer's behalf and Customer shall ensure the same. Customer shall ensure that the relevant third parties, including data subjects, have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation. Customer acknowledges that Togal.ai is reliant on Customer for direction as to the extent to which Togal.ai is entitled to use and process the Customer Data. Togal.ai shall process the Customer Data only in accordance with the terms of this Agreement and any written instructions given by Customer. Customer acknowledges and agrees that the Customer Data may be shared with third parties as necessary to provide and enhance the Services. Togal.ai will not be liable for any claim brought by an Authorized User arising from any action or omission by Togal.ai, to the extent that such action or omission resulted from Customer's instructions.
7. Aggregate and Customer Content Usage and Ownership. Customer hereby grants Togal.ai a non-exclusive, perpetual, worldwide, royalty-free license to use and copy the Aggregate and Customer content for the purpose of providing the Services. Customer acknowledges that Togal.ai shall be the owner all Aggregated Content and may use the Aggregated Content for any business purposes, including product development and improvement purposes.
  Customer further agrees that Togal.ai may process Customer Content to develop Togal.ai's machine learning models and related algorithms and features ("Machine Learning Features"). Togal.ai shall be the exclusive owner of all intellectual property rights in such Machine Learning Features and will be free to use Machine Learning Features to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other , provided that the Machine Learning Features do not disclose any Customer Confidential Information (defined below).
8. Data Processing. Togal.ai may transfer and process Customer Content and Customer Data in the United States or any other country in which Togal.ai or Togal.ai affiliates or subcontractors maintain facilities. Customer appoints Togal.ai to perform any such transfer of Customer Data or Customer Content to any such country to provide the Services in compliance with the terms of this Agreement.
9. Customer Acknowledgement. As of the Effective Date, Customer acknowledges and agrees that an authorized representative of Customer has evaluated the features and functionality of the Services in a means satisfactory to Customer and accepts that the Services have been demonstrably shown to have all of the features and functionality that have been represented to Customer. Customer agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features, nor dependent on any oral or written public comments made by Togal.ai regarding future functionality or features.
10. Non-Togal.ai Applications. The Services may contain features designed to interoperate with third-party products ("Non-Togal.ai Applications"). To use such features, Customer may be required to obtain access to Non-Togal.ai Applications from their providers and may be required to grant Togal.ai access to Customer's account(s) on the Non-Togal.ai Applications. Any use by Customer and any exchange of data between Customer and the provider of Non-Togal.ai Applications is solely between Customer and the applicable provider. Togal.ai does not warrant or support Non-Togal.ai Applications or other non-Togal.ai products or services. If Customer installs or enables a Non-Togal.ai Application for use with the Services, Customer hereby grants Togal.ai permission to allow the provider of that Non-Togal.ai Application to access Customer's data and content as required for the interoperation of that Non-Togal.ai Application with the Services. Togal.ai is not responsible for any disclosure, modification, or deletion of any Customer Data or Customer Content resulting from access by or integration with a Non-Togal.ai Application. If the provider of a Non-Togal.ai Application ceases to make the Non-Togal.ai Application available for interoperation with the corresponding Service features, Togal.ai may cease providing those Service features without providing Customer any refund, credit, or other compensation. Customer uses Non-Togal.ai Applications at its own risk and Togal.ai is not responsible for any acts or omissions of providers of Non-Togal.ai Applications. TOGAL.AI HEREBY DISCLAIMS ALL LIABILITY FOR ANY HARM OR DAMAGES CAUSED BY NON-TOGAL.AI APPLICATIONS.
PAYMENT.
1. Customer shall pay Togal.ai all Subscription Fees specified on the Order Form upon receipt of invoice unless otherwise stated on the Order Form. Payment of Customer subscription fee for the applicable Subscription Term is due upon commencement of the Service. In addition to any other remedies available to Togal.ai, Togal.ai shall be entitled to discontinue provision of the Services until all amounts due are paid in full. Except for a material breach by Togal.ai, all payments to Togal.ai are non-refundable and non-cancelable. Specifically, Customer's loss of construction business or Customer's failure to use the Services will not be cause for any refund to Customer from Togal.ai. Customer shall reimburse Togal.ai for Togal.ai's collection costs incurred in attempting to collect any late payments, including reasonable attorneys' fees.
2. The Subscription Fees stated on the Order Form are exclusive of any federal, state, or other governmental taxes, duties, fees, excises, or tariffs ("Taxes") now or hereafter imposed on the Services. Customer shall be responsible for, and if necessary, shall reimburse, Togal.ai for all such Taxes on any amounts payable by Customer hereunder, except for taxes imposed on Togal.ai's net income. If Togal.ai has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section, Togal.ai will add such Taxes to the amount invoiced to Customer.
TERM/TERMINATION.
1. Term. This Agreement commences on the Effective Date and will remain in effect for the initial term specified on the Order Form ("Initial Term"), unless earlier terminated as provided herein. Upon the expiration of the Initial Term, this Agreement will automatically be renewed for the same period (each such period a "Renewal Term") unless otherwise elected by either Party by providing written notice to the other Party prior to the expiration of the Term then in effect. The Subscription Fees for the Initial Term and the Renewal Term are as stated on the Order Form. The Initial Term and any Renewal Terms are collectively referred to as the "Term".
2. Termination. Either Party may terminate this Agreement upon: (1) any material breach of this Agreement by the other Party that is not cured within thirty (30) days (or within ten (10) days in case of failure to pay) following written notice thereof; (2) the other Party becoming insolvent or bankrupt, liquidating or being dissolved, or ceasing substantially all of its business; or (3) a breach of section 11.3. Upon expiration or termination of this Agreement or Services authorized in an Order Form, Customer shall immediately discontinue all access and use of the Services. In the event Customer terminates this Agreement for a material and uncured breach by Togal.ai, Togal.ai shall, as Customer's sole and exclusive remedy, refund to Customer any prepaid but unused Subscription Fees calculated on a straight-line prorated basis for the remainder of the then-current Term. In addition to any other remedies available to Togal.ai, Togal.ai may suspend Customer's or any Authorized Users' access to the Services, at Togal.ai's sole option, in the event of any violation of this Agreement. Upon termination of this Agreement, Togal.ai shall follow the data return and deletion procedures outlined in Exhibit A.
  Customer acknowledges and agrees that, if Customer discontinues use of Service for convenience, Customer will not be entitled to a refund of any portion of the subscription fee Customer has already paid; and Customer remains liable to pay Togal.ai any remaining payments due.
  
  All Customer Content is the property of the Customer. Upon restriction, suspension or termination of a Customer account, all Customer Content will be deleted from Services. After deletion of Customer Content, Togal.ai shall have no further responsibility or liability to Customer or any third party with respect to Customer Content. Assuming there has been no material breach of this Agreement by Customer, Togal.ai may allow, at Togal.ai's sole discretion, Customer continued access to Services in order to export all of Customer Content as well any additional data that may be readily exported from the Services to a standard electronic file format
PROPRIETARY RIGHTS.
Togal.ai will retain all worldwide right, title, and interest (including intellectual property rights) in and to the Site and the Services, the look and feel of the Site, and all copyrights in and to its content. The Site is copyrighted, trademarked, patented, or otherwise protected, and owned or licensed by Togal.ai. Nothing in this Agreement grants Customer or any Authorized User an express or implied right to use any Togal.ai intellectual property except as set forth in section 3.1 above. All proprietary rights in the Services, including the Software and any aggregate usage data, traffic patterns, and Aggregate Content collected by Togal.ai in connection with use of the Services, will be the sole and exclusive property of Togal.ai. Togal.ai retains the royalty-free right to use any suggestions, ideas, feedback, or other recommendations provided by Customer or Authorized Users relating to the Services. Togal.ai may use Customer's name and/or its logo on Togal.ai's website and in its marketing materials to indicate that Customer is a client of Togal.ai. Customer hereby grants Togal.ai the right to contact Customer and Authorized Users in connection with their use of the Services unless otherwise stated on the Order Form. All other rights not expressly granted in this Agreement are reserved by Togal.ai.
WARRANTIES AND LIABILITY.
1. Limited Warranty. Each Party warrants that it has all necessary authority to enter into and perform its obligations under this Agreement. Togal.ai represents and warrants that (1) the Services will perform substantially in accordance with the Documentation under normal circumstances and when used in accordance with this Agreement and applicable Documentation, and (2) the Services provided hereunder will be performed in a professional manner in accordance with prevailing industry standards. Provided that Customer notifies Togal.ai of any breach of the foregoing warranty during the Term, Togal.ai shall, as Customer's sole and exclusive remedy, provide the support services set forth in Exhibit A to this Agreement. The Services may contain links to sites on the Internet that are owned and operated by third parties. Customer acknowledges and agrees that Togal.ai is not responsible for the availability of, or the content located on or through, any such external site.
2. Disclaimer. The Services are provided "as is". Except as specifically provided in this Agreement, Togal.ai disclaims all other warranties and conditions, express or implied. Togal.ai expressly disclaims any implied warranties, including the warranties of merchantability, fitness for a particular purpose, title and non-infringement. Togal.ai does not warrant that the operation of the Services will be uninterrupted or error-free. Specifically, third-party content and applications are provided "as-is," exclusive of any warranty. Togal.ai disclaims all liability for any harm or damages caused by any third-party networking or hosting providers.
3. Liability. Togal.ai will not be liable for any special, indirect, exemplary, punitive, incidental, or consequential damages of any nature (including Customer's loss of construction business or Customer's failure to use the Services). In any event, aside from its obligations in section 8, Togal.ai's total maximum liability arising out of or in any way connected to this Agreement will not exceed the amount paid to Togal.ai by Customer during the twelve-month period immediately preceding such claim. These limitations will apply whether a claim arises under contract, tort, or any other theory of liability. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, Togal.ai's liability will be limited to the greatest extent permitted by law. The limitations set forth in this section 7 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The Parties acknowledge and understand that the disclaimers, exclusions, and limitations of liability set forth herein form an essential basis of the agreement between the Parties, reflect an allocation of risk between the Parties, and that absent these disclaimers, exclusions, and limitations of liability, the terms and conditions of this Agreement would be substantially different.
INDEMNITY.
1. During the Term, Togal.ai shall defend, indemnify, and hold harmless Customer from any loss or damages finally awarded or agreed in settlement arising from a third-party action claiming that the Services infringe any duly issued U.S. patent, copyright, or trademark or misappropriate any trade secret. In addition, if the use of the Services infringes or is enjoined, or Togal.ai believes it is likely to infringe or be enjoined, Togal.ai may, at its sole option: (a) procure for Customer the right to continue use of the Services as furnished; (b) modify the Services to make them non-infringing, provided that they still substantially conform to the applicable Documentation; or (c) if Togal.ai, after using commercially reasonable efforts, is unable to accomplish the foregoing remedies, terminate this Agreement and refund to Customer any prepaid but unused Subscription Fees calculated on a straight-line prorated basis for the remainder of the then-current Term. The intellectual property indemnity provided herein does not apply to the extent the alleged infringement arises from (x) any use of the Services not in accordance with this Agreement or as specified in the Documentation, (y) any combination of the Services and third-party applications (including but not limited to Non-Togal.ai Applications), or (z) any unauthorized modification of the Services. This section states Togal.ai's sole and exclusive liability and Customer's sole remedies for any threatened or actual infringement of proprietary rights.
2. During the Term, Customer shall defend, indemnify, and hold harmless Togal.ai and its officers, directors, employees, agents, successors, and assigns from and against any claims, damages, liabilities, judgments, settlements, losses, costs, or expenses of any kind, including reasonable attorneys' fees, arising out of (a) processing of Customer Data within the scope of this Agreement; (b) Customer's misuse of the intellectual property rights of any third party; and (c) any Customer Content that may violate section 3.5 of this Agreement.
CONFIDENTIALITY.
The Parties and Authorized Users shall, during and after the existence of this Agreement, hold in strict confidence and will not use for any purpose unrelated to its performance of this Agreement or disclose to any third party, any Confidential Information of the other Party. The term "Confidential Information" means all non- public information that the other Party designates as being confidential, or which, under the circumstances of disclosure, ought to be reasonably understood to be confidential. Confidential Information includes, but is not limited to, information concerning business methods, pricing, business plans, new product launches, new product development, customer and vendor information, internal policies and procedures, other financial information, technical information and design, and the terms and conditions of this Agreement. Each Party shall not disclose the other Party's Confidential Information without the prior written consent of such other Party, except to its employees, contractors, or agents who have a specific need to know such information and are under a written obligation of confidentiality at least as restrictive as that contained in this section. Information will not be deemed confidential if it (a) was known to the receiving Party and was acquired through proper methods, prior to its receipt from the disclosing Party, as evidenced by written records of the receiving Party; (b) is now or later becomes (through no act or failure on the part of the receiving Party) generally known through no breach of this Agreement by the receiving Party; (c) is supplied to the receiving Party by a third party that is free to make that disclosure without restriction; or (d) is independently developed by the receiving Party without use of or reference to any Confidential Information provided by the disclosing Party. The restrictions on disclosure imposed by this section do not apply to information that is required by law or order of a court, administrative agency, or other governmental body to be disclosed by the receiving Party, provided that in each such case the receiving Party provides the disclosing Party with prompt written notice of such order or requirement and reasonably assists the disclosing Party, at the disclosing Party's expense, in seeking a protective order or other appropriate relief. Upon termination of this Agreement, each Party shall promptly cease all further use of Confidential Information, return to the other Party all physical materials containing Confidential Information, whether the materials were originally provided by the disclosing Party or copied or otherwise prepared by the receiving Party, and erase or otherwise destroy any Confidential Information kept by either Party in electronic or other non-physical form. The Parties acknowledge that the receiving Party will not be required to return to the disclosing Party or destroy those copies of Confidential Information residing on the receiving Party's backup or disaster-recovery systems, or which must be maintained for regulatory or policy purposes, provided that such Party continues to abide by its obligations under this section. Togal.ai will be deemed to satisfy its obligations to return Confidential Information if it complies with its obligations with respect to the export or availability of Customer Content in Exhibit A. Termination or expiration of this Agreement will not affect each Party's continuing obligations under this section.
PRIVACY.
The Togal.ai Privacy Policy is available on www.Togal.ai and may be amended from time to time. Any updates to the Privacy Policy will be posted to the Site and will be effective immediately upon posting to the Site. It is Customer's responsibility to review the Privacy Policy from time to time on the Site to ensure that Customer continues to agree with all of its terms. Customer's continued use of the Site following the posting of changes to the Privacy Policy will mean Customer accepts those changes. If there is any conflict between the Privacy Policy and this Agreement, this Agreement will govern.
GENERAL.
1. Waiver/Amendment. This Agreement may not be modified except by a written instrument signed by both Parties. Failure by either Party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
2. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement, in whole or in part, voluntarily, involuntarily, by operation of law, or otherwise without the other Party's prior written consent; except that: (a) Togal.ai may assign, delegate, or otherwise transfer this Agreement without such consent in connection with any merger, consolidation, reorganization, or any sale of all or substantially all of such Party's assets or any other transaction in which more than fifty percent (50%) of its voting securities are transferred ("Change in Control"); and (b) Customer may assign, delegate, or otherwise transfer this Agreement upon any Change in Control with Togal.ai's prior written consent and subject to all of the terms of this Agreement. Any attempt to assign, delegate, or otherwise transfer this Agreement other than in accordance with this provision will be null and voi
3. Compliance with Laws. Both Parties shall comply with all applicable local, state, national, and foreign laws, rules, and regulations including all applicable export and import laws and regulations in connection with their performance, access, and/or use of the Services under this Agreement. Customer shall comply with all legal duties applicable to Customer including obligations as data controller by virtue of Customer's role in determining Authorized Users. Specifically, Customer shall provide relevant persons and/or participants with all information Customer is required by law to provide, and, if necessary, shall obtain the consent of these persons. The Services and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each Party represents that it is not named on any U.S. government denied-party list. Customer shall not permit Authorized Users to access or use the Services in a U.S.- embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria, or Crimea) or in violation of any U.S. export law or regulation.
4. Governing Law/Attorneys' Fees. The rights of the Parties hereunder will be governed by the laws of the State of Florida, without regard to its principles of conflicts of law. Any suits brought hereunder must be brought in the federal or state courts serving Miami-Dade County, Florida. In the event of any claim, action, or judicial proceeding arising under this Agreement, the prevailing Party will be entitled to recover reasonable attorneys' fees and expenses incurred in resolving such claim, action, or judicial proceeding.
5. Severability/Notice. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force. Any notice, consent, or other communication hereunder must be in writing, and must be given personally, sent via overnight delivery or via email with confirmation of receipt, to either Party at its respective address set forth in the Order Form (or such other address as provided by that Party). Notices will be deemed given when delivered.
6. Independent Contractors. The relationship of the Parties is that of independent contractors and nothing contained in this Agreement will be construed to make either Party an agent, partner, joint venturer, or representative of the other for any purpose. This Agreement is for the sole benefit of the Parties and their respective permitted successors and assigns, and nothing herein, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy under or by reason of this Agreement.
7. Force Majeure. Nonperformance of either Party will be excused to the extent that performance is rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing Party.
8. Entire Agreement/Survival. This Agreement, together with any URLs contained herein, any exhibits, and the Order Form(s) constitutes the entire agreement between the Parties with respect to the subject matter hereof and replaces any prior understandings, written or oral. Further, under no circumstances will the provisions of any document issued by Customer (including, but not limited to, any request for quotes or proposals, purchase orders, non-disclosure agreements, or Customer exhibits to this Agreement and/or vendor forms or registrations with terms that conflict with this Agreement) be deemed to modify, alter, or expand the rights, duties, or obligations of the Parties under this Agreement, regardless of any failure of Togal.ai to object to such terms, provisions, or conditions. If there is any conflict between the terms of this Agreement and the Order Form, the Order Form will prevail. In addition to any rights that accrued prior to termination, the provisions of sections 3.7, 4, and 6 through 11 will survive any termination of the Agreement.

EXHIBIT A SUPPORT AND MAINTENANCE

Service-Level Agreement.
Togal.ai has a service-level objective for the Services of 99.5% availability, 24 hours a day, 7 days a week, 365 days a year. Downtime does not include (i) problems caused by factors outside of Togal.ai's reasonable control, and (ii) unavailability of the Services during scheduled maintenance.
Support.
During the Term, Customer and Authorized Users will have access to technical support via telephone, online chat, or email. Upon Togal.ai's receipt of a support request, Togal.ai will use commercially reasonable efforts to answer questions and provide standard error corrections to known problems.
Data Return and Deletion.
All Customer Content is the property of the Customer. Except as outlined in section 3.7, upon restriction, suspension or termination of a Customer account, all Customer Content will be deleted from Services. After deletion of Customer Content, Togal.ai shall have no further responsibility or liability to Customer or any third party with respect to Customer Content. Assuming there has been no material breach of this Agreement by Customer, Togal.ai may allow, at Togal.ai's sole discretion, Customer continued access to Services in order to export all of Customer Content as well any additional data that may be readily exported from the Services to a standard electronic file format. The customer may, at any time, contact Togal.ai in writing to request deletion of Customer Content from Togal.ai Services.
Maintenance.
1. Unplanned Outages. If a system failure should occur that creates an outage of the Services, Togal.ai will utilize all reasonable means to end the outage as soon as possible. Outages due to the Internet, hosting providers, and/or Customer or Authorized User systems are outside Togal.ai's control and, in such event, Togal.ai will assist the Customer or Authorized User in the diagnosis but may not be able to resolve the problem.
2. Preventative Maintenance. From time to time, Togal.ai or its hosting providers will perform preventative maintenance, such as updating servers and routers with security patches, and software upgrades. Togal.ai will provide notice prior to any interruption in the Services and will keep any resulting downtime reasonable. Togal.ai will use all reasonable efforts to perform such maintenance at hours convenient for the Customer and Authorized Users.

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