Common use of Design Materials Clause in Contracts

Design Materials. The copies and other tangible embodiments of the Design & Engineering Documents, and any other drawings, specifications, designs, plans, “architectural work” and other documents, specifically prepared by or on behalf of the Owner, the Contractor or the Subcontractors in connection with the Project or the Work (collectively, the “Design Materials”) are and shall remain the property of the Owner. The Contractor shall use its Commercial Reasonable Efforts to ensure that all copies of the Design Materials are delivered or returned to the Owner or suitably accounted for upon Final Completion. The Contractor may retain one copy of the Design Materials for its records. Any use of such Design Materials by the Contractor on other projects shall be at the Contractor’s sole risk and liability. The Intellectual Property Rights, if any, relating to the Design Materials or the contents of or concepts embodied in the Design Materials shall remain with and belong to the Contractor or its Subcontractors as the case may be.