Legal Declaration of Records

LEGAL DECLARATION OF RECORDS

This Legal Declaration of Records (the "Declaration") is executed on by and between , having its principal place of business or residence at ("Declarant"), and , having its principal place of business or residence at ("Recipient").

RECITALS

WHEREAS, Declarant maintains certain records, data, documents and files, whether in electronic or physical form, that relate to its business operations, transactions, or dealings described more particularly below (collectively, the "Records");

WHEREAS, Recipient requires a formal declaration and certification concerning the authenticity, custody, and maintenance of such Records for purposes of investigation, litigation, regulatory compliance, or business verification; and

WHEREAS, Declarant is willing to provide a sworn declaration certifying the provenance, integrity and chain of custody of the Records identified in this Declaration, subject to the terms and limitations set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Declaration, the parties agree as follows:

1. Definitions

For the purposes of this Declaration, the following terms have the meanings set forth below:

"Records" means the documents, materials, electronic files, logs, backups, and associated metadata identified in Section 2 of this Declaration and any copies, extracts, or summaries thereof.

"Custodian" means the person or entity responsible for maintaining the Records and attesting to their integrity and authenticity.

2. Description of Records

3. Custody, Storage and Chain of Custody

Declarant affirms and declares that the Records have been maintained in the ordinary course of Declarant's business and that the following Custodian is authorized to attest to the authenticity, storage procedures and chain of custody:

Declarant shall preserve and provide a documented chain of custody for any Records produced to Recipient, which shall include the identity of persons accessing the Records, dates and times of access, and any transfers or copies made.

4. Certification of Records

Declarant hereby certifies, under penalty of perjury to the fullest extent permitted by law, that the Records described above are, to the best of Declarant's knowledge and after diligent inquiry:

1. Original records maintained in the ordinary course of business or true and accurate copies of such original records;
2. Complete and unaltered, except as documented and disclosed in writing to Recipient;
3. Accurately reflect the entries, transactions, communications, or events that they purport to document.

Original maintained by Declarant
True and accurate copy of original
Reproduction or extract derived from original

5. Authentication and Admissibility

Declarant understands and affirms that this Declaration is provided to assist in authenticating the Records and establishing their admissibility in administrative, judicial, arbitration or regulatory proceedings. Declarant agrees to make the Custodian reasonably available for testimony or to provide an affidavit if required by court order or by mutual agreement of the parties.

6. Representations and Warranties

Declarant represents and warrants that: (a) it has authority to make the statements and certifications contained in this Declaration; (b) all factual statements herein are true, complete and correct to the best of Declarant's knowledge after reasonable investigation; and (c) no material facts have been omitted that would render the statements herein misleading.

7. Confidentiality and Use

Unless otherwise agreed in writing, Recipient shall use the Records and the information contained in this Declaration solely for the purpose stated in Section 5. Recipient shall maintain the confidentiality of Records to the extent required by law or as agreed by the parties, and shall not disclose Records beyond those persons or entities who have a legitimate need to know in connection with the permitted purpose.

8. Notices

All notices, requests and other communications required or permitted under this Declaration shall be in writing and delivered to the addresses set forth below by hand, courier, certified mail, or other agreed means.

9. Governing Law

This Declaration shall be governed by and construed in accordance with the laws of the state or jurisdiction indicated below, without regard to its conflict of law principles.

10. Entire Agreement

This Declaration constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, relating thereto.

11. Severability

If any provision of this Declaration is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way.

12. Amendments; Waiver; Counterparts

This Declaration may be amended only by a written instrument executed by both parties. Failure or delay by either party to exercise any right under this Declaration shall not constitute a waiver. This Declaration may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

13. Certification and Signature

The undersigned representative of Declarant and Recipient certifies under penalty of perjury that the statements contained in this Declaration are true and correct to the best of such representative's knowledge and belief, and that such representative is authorized to execute this Declaration on behalf of the entity identified below.

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