Common use of Documents; Proprietary Information Clause in Contracts

Documents; Proprietary Information. All materials and ---------------------------------- documents prepared or developed by Operator or its employees, representatives or contractors solely in connection with the Project or the performance of the Services shall become the property of Owner when prepared. Operator makes no warranty regarding the use of such material by Owner (i) other than in connection with the Project or (ii) after the termination of this Agreement. Notwithstanding the foregoing, where materials or documents prepared or developed by Operator or its employees, representatives or contractors contain proprietary or technical information, systems, techniques, or know-how previously known to Operator or its contractors or previously acquired by Operator or its contractors from third parties, Operator or its contractors shall have the unrestricted right to use or dispose of such information, systems, techniques, or know-how as they see fit; provided, however, that Owner shall have the right to utilize the same in connection with the Project without cost to Owner. All such materials and documents, together with any materials and documents furnished to Operator or to its contractors by Owner, shall be delivered to Owner upon expiration or termination of this Agreement and before final payment is made to Operator; provided that Operator may retain and use copies of all such materials and documents prepared by Operator subject to the terms of Section 13 hereof.