Common use of Instruments of Service Clause in Contracts

Instruments of Service. 7.1.1 Drawings, specifications and other documents, include those in electronic form, prepared by the Architect/Engineer and the Architect/Engineer’s consultants are Instruments of Service for use solely with respect to this Project. The Architect/Engineer and the Architect/Engineer’s consultants shall be deemed the authors and owners of their respective instruments of service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 Upon execution of this Agreement, the Architect/Engineer hereby grants to the State a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the State, the Architect/Engineer’s Instruments of Service solely for purposes of constructing, using and maintaining the Project or for future alterations, or additions to the Project. The Architect/Engineer shall obtain similar nonexclusive licenses from the Architect/Engineer’s consultants consistent with this Agreement. If, and upon the date the Architect/Engineer is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the State to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project, or for future alterations, or additions to the Project. 7.1.3 Any unilateral use by the State of the Instruments of Service for completing, using, maintaining, adding to or altering the Project or facilities shall be at the State’s sole risk and without liability to the Architect/Engineer and the Architect/Engineer’s consultants; provided, however, that if the State’s unilateral use occurs for completing, using or maintaining the Project as a result of the Architect/Engineer’s breach of this Agreement, nothing in this Article shall be deemed to relieve the Architect/Engineer of liability for its own acts or omissions or breach of this Agreement.

Instruments of Service. 7.1.1 Drawings, specifications and other documents, include including those in electronic form, prepared by the Architect/Engineer and the Architect/Engineer’s consultants are Instruments of Service for use solely with respect to this Project. The Architect/Engineer and the Architect/Engineer’s consultants shall be deemed the authors and owners of their respective instruments of service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 Upon execution of this Agreement, the Architect/Engineer hereby grants to the State a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the State, the Architect/Engineer’s Instruments of Service solely for purposes of constructing, using and maintaining the Project or for future alterations, or additions to the Project. The Architect/Engineer shall obtain similar nonexclusive licenses from the Architect/Engineer’s consultants consistent with this Agreement. If, and upon the date the Architect/Engineer is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the State to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project, or for future alterations, or additions to the Project. 7.1.3 Any unilateral use by the State of the Instruments of Service for completing, using, maintaining, adding to or altering the Project or facilities shall be at the State’s sole risk and without liability to the Architect/Engineer and the Architect/Engineer’s consultants; provided, however, that if the State’s unilateral use occurs for completing, using or maintaining the Project as a result of the Architect/Engineer’s breach of this Agreement, nothing in this Article shall be deemed to relieve the Architect/Engineer of liability for its own acts or omissions or breach of this Agreement.

Instruments of Service. 7.1.1 4.1.1 Drawings, specifications and other documents, include including those in electronic form, prepared by the Design Build Entity’s Architect/Engineer and the Design Build Entity’s Architect/Engineer’s consultants are Instruments of Service for use solely with respect to this Project. The Design Build Entity’s Architect/Engineer and the Design Build Entity’s Architect/Engineer’s consultants shall be deemed the authors and owners of their respective instruments Instruments of service Service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 4.1.2 Upon execution of this AgreementAgreement and the contract between the Design/Build Entity, the Design Build Entity’s Architect/Engineer hereby grants shall grant to the State a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the State, the Design Build Entity’s Architect/Engineer’s Instruments of Service solely for the purposes of constructing, using and maintaining the Project or for future alterations, alterations or additions to the Project. The Design Build Entity’s Architect/Engineer shall obtain similar nonexclusive licenses from the Design Build Entity’s Architect/Engineer’s consultants consistent with this Agreement. If, If and upon the date the Design Build Entity’s Architect/Engineer is adjudged in default of this Agreementdefault, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the State to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or and additions to the Instruments of Service solely for the purposes of completing, using and maintaining the Project, or Project for future alterations, alterations or additions to the Project. 7.1.3 4.1.3 Any unilateral use by the State of the Instruments of Service for completing, using, maintaining, adding to or altering the Project or facilities shall be at the State’s sole risk and without liability to the Design Build Entity’s Architect/Engineer and the Design Build Entity’s Architect/Engineer’s Engineers consultants; provided, however, that if the State’s unilateral use occurs for completing, using or maintaining the Project as a result of the Design Build Entity’s Architect/Engineer’s breach of this Agreementdefault, nothing in this Article shall be deemed to relieve the Design Build Entity’s Architect/Engineer of liability for its own acts or omissions or breach of this Agreementdefault.

Instruments of Service. 7.1.1 3.1.1 Drawings, specifications and other documents, include including those in electronic form, prepared by the Design Build Entity’s Architect/Engineer and the Design Build Entity’s Architect/Engineer’s consultants are Instruments of Service for use solely with respect to this Project. The Design Build Entity’s Architect/Engineer and the Design Build Entity’s Architect/Engineer’s consultants shall be deemed the authors and owners of their respective instruments Instruments of service Service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 3.1.2 Upon execution of this AgreementAgreement and the contract between the Design/Build Entity and the Design Build Entity’s Architect/Engineer, the Design Build Entity’s Architect/Engineer hereby grants shall grant to the State a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the State, the Design Build Entity’s Architect/Engineer’s Instruments of Service solely for the purposes of constructing, using and maintaining the Project or for future alterations, alterations or additions to the Project. The Design Build Entity’s Architect/Engineer shall obtain similar nonexclusive licenses from the Design Build Entity’s Architect/Engineer’s consultants consistent with this Agreement. If, If and upon the date the Design Build Entity’s Architect/Engineer is adjudged in default of this Agreementdefault, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the State to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or and additions to the Instruments of Service solely for the purposes of completing, using and maintaining the Project, or Project for future alterations, alterations or additions to the Project. 7.1.3 3.1.3 Any unilateral use by the State of the Instruments of Service for completing, using, maintaining, adding to or altering the Project or facilities shall be at the State’s sole risk and without liability to the Design Build Entity’s Architect/Engineer and the Design Build Entity’s Architect/Engineer’s Engineers consultants; provided, however, that if the State’s unilateral use occurs for completing, using or maintaining the Project as a result of the Design Build Entity’s Architect/Engineer’s breach of this Agreementdefault, nothing in this Article shall be deemed to relieve the Design Build Entity’s Architect/Engineer of liability for its own acts or omissions or breach of this Agreementdefault.

Instruments of Service. 7.1.1 1.3.2.1 Drawings, specifications and other documents, include including those in electronic form, prepared by the Architect/Engineer Architect and the Architect/Engineer’s consultants are Instruments of Service for use solely with respect to this Project. The Architect/Engineer Architect and the Architect/Engineer’s consultants shall be deemed the authors and owners of their respective instruments Instruments of service Service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 1.3.2.2 Upon execution of this Agreement, the Architect/Engineer hereby Architect grants to the State Owner, the Contractor and all subcontractors and subsubcontractors (as such terms are defined in the Construction Contract) a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the State, the Architect/Engineer’s Instruments of Service solely for purposes of constructing, using and maintaining the Project or for future alterationsProject, or additions to provided that the ProjectOwner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect/Engineer Architect shall obtain similar nonexclusive licenses from the Architect/Engineer’s consultants consistent with this Agreement. If. 1.3.2.3 The Owner shall not assign, and upon delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the date prior written agreement of the Architect/Engineer is adjudged in default of this Agreement. However, the foregoing license Owner shall be deemed terminated and replaced by a second, nonexclusive license permitting the State permitted to authorize other similarly credentialed design professionals the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project, or for future alterations, or additions to the Project. 7.1.3 Any unilateral use by the State applicable portions of the Instruments of Service appropriate to and for completing, using, maintaining, adding use in their execution of the Work by license granted in Subparagraph 1. 3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or altering for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. The Owner shall not use the Instruments of Service for future additions or facilities alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the architect and the Architect’s consultants. Any unauthorized use of the Instruments of Service by the Owner shall be at the StateOwner’s sole risk and without liability to the Architect/Engineer Architect and the Architect/Engineer’s consultants; provided, however, that if the State’s unilateral use occurs for completing, using or maintaining the Project as a result of the Architect/Engineer’s breach of this Agreement, nothing in this Article shall be deemed to relieve the Architect/Engineer of liability for its own acts or omissions or breach of this Agreement.

Instruments of Service. 7.1.1 Drawings, specifications and other documents, include including those in electronic form, prepared by the Architect/Engineer Contractor and the Architect/EngineerContractor’s consultants are Instruments of Service for use solely with respect to this Project. The Architect/Engineer Contractor and the Architect/EngineerContractor’s consultants shall be deemed the authors and owners of their respective instruments of service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 . Upon execution of this AgreementContract, the Architect/Engineer Contractor hereby grants to the State Owner a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the StateOwner, the Architect/EngineerContractor’s Instruments of Service solely for purposes of constructing, using and maintaining the Project or for future alterations, or additions to the Project. The Architect/Engineer Contractor shall obtain similar nonexclusive licenses from the Architect/EngineerContractor’s consultants consistent with this AgreementContract. If, and upon the date the Architect/Engineer Contractor is adjudged in default of this AgreementContract, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the State Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project, or for future alterations, or additions to the Project. 7.1.3 . Any unilateral use by the State Owner of the Instruments of Service for completing, using, maintaining, adding to or altering the Project or facilities shall be at the StateOwner’s sole risk and without liability to the Architect/Engineer Contractor and the Architect/EngineerContractor’s consultants; provided, however, that if the StateOwner’s unilateral use occurs for completing, using or maintaining the Project as a result of the Architect/EngineerContractor’s breach of this AgreementContract, nothing in this Article shall be deemed to relieve the Architect/Engineer Contractor of liability for its own acts or omissions or breach of this AgreementContract.

Instruments of Service. 7.1.1 § 1.3.2.1 Drawings, specifications and other documents, include including those in electronic form, prepared by the Architect/Engineer Architect and the Architect/Engineer’s 's consultants are Instruments of Service for use solely with respect to this Project. The Architect/Engineer Architect and the Architect/Engineer’s 's consultants shall be deemed the authors and owners of their respective instruments Instruments of service Service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 § 1.3.2.2 Upon execution of this Agreement, the Architect/Engineer hereby Architect grants to the State Owner a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the State, the Architect/Engineer’s 's Instruments of Service solely for purposes of constructing, using and maintaining the Project or for future alterationsProject, or additions to provided that the ProjectOwner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect/Engineer Architect shall obtain similar nonexclusive licenses from the Architect/Engineer’s 's consultants consistent with this Agreement. IfAny termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect/Engineer Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the State Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project, or for future alterations, or additions to the Project. 7.1.3 Any unilateral use by § 1.3.2.3 Except for the State licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for completing, using, maintaining, adding use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or altering for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or facilities alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the State’s Owner's sole risk and without liability to the Architect/Engineer Architect and the Architect/Engineer’s 's consultants; provided. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, howeverthe Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, that if the State’s unilateral use occurs for completing, using including any special limitations or maintaining the Project as a result of the Architect/Engineer’s breach of this Agreement, nothing licenses not otherwise provided in this Article shall be deemed to relieve the Architect/Engineer of liability for its own acts or omissions or breach of this Agreement.

Instruments of Service. 7.1.1 3.1.1 Drawings, specifications and other documents, include including those in electronic form, prepared by the Architect/Engineer and the Architect/Engineer’s consultants are Instruments of Service for use solely with respect to this Project. The Architect/Engineer and the Architect/Engineer’s consultants shall be deemed the authors and owners of their respective instruments Instruments of service Service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 3.1.2 Upon execution of this AgreementAgreement and the contract between the Design/Build Entity and the Architect/Engineer, the Architect/Engineer hereby grants shall grant to the State a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the State, the Architect/Engineer’s Instruments of Service solely for the purposes of constructing, using and maintaining the Project or for future alterations, alterations or additions to the Project. The Architect/Engineer shall obtain similar nonexclusive licenses from the Architect/Engineer’s consultants consistent with this Agreement. If, If and upon the date the Architect/Engineer is adjudged in default of this Agreementdefault, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the State to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or and additions to the Instruments of Service solely for the purposes of completing, using and maintaining the Project, or Project for future alterations, alterations or additions to the Project. 7.1.3 3.1.3 Any unilateral use by the State of the Instruments of Service for completing, using, maintaining, adding to or altering the Project or facilities shall be at the State’s sole risk and without liability to the Architect/Engineer and the Architect/Engineer’s Engineers consultants; provided, however, that if the State’s unilateral use occurs for completing, using or maintaining the Project as a result of the Architect/Engineer’s breach of this Agreementdefault, nothing in this Article shall be deemed to relieve the Architect/Engineer of liability for its own acts or omissions or breach default. Rev. 1/2014 Page 8 of this Agreement12 3.2 AS-BUILT DRAWINGS/RECORD DRAWINGS 3.2.1 The Architect/Engineer and its consultants shall, upon completion of the Construction Phase, receive redline As-Built Drawings from the Design/Build Entity. These redline changes shall describe the built condition of the Project. This information and all of the incorporated changes directed by Bidding Addenda, Change Order/Amendment or Architect/Engineer’s Supplementary Instructions shall be incorporated by the Architect/Engineer and its consultants into a Record Drawings document provided to the Principal Representative in the form of an electro-media format and a reproducible format as agreed between the parties. The Architect/Engineer shall also provide the Principal Representative with the As- Built Drawings as received from the Design/Build Entity.

Instruments of Service. 7.1.1 4.1.1 Drawings, specifications and other documents, include including those in electronic form, prepared by the Architect/Engineer and the Architect/Engineer’s consultants are Instruments of Service for use solely with respect to this Project. The Architect/Engineer and the Architect/Engineer’s consultants shall be deemed the authors and owners of their respective instruments Instruments of service Service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 4.1.2 Upon execution of this AgreementAgreement and the contract between the Design/Build Entity, the Architect/Engineer hereby grants shall grant to the State a perpetual nonexclusive license to reproduce and use, and permit others to reproduce and use for the State, the Architect/Engineer’s Instruments of Service solely for the purposes of constructing, using and maintaining the Project or for future alterations, alterations or additions to the Project. The Architect/Engineer shall obtain similar nonexclusive licenses from the Architect/Engineer’s consultants consistent with this Agreement. If, If and upon the date the Architect/Engineer is adjudged in default of this Agreementdefault, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the State to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or and additions to the Instruments of Service solely for the purposes of completing, using and maintaining the Project, or Project for future alterations, alterations or additions to the Project. 7.1.3 4.1.3 Any unilateral use by the State of the Instruments of Service for completing, using, maintaining, adding to or altering the Project or facilities shall be at the State’s sole risk and without liability to the Architect/Engineer and the Architect/Engineer’s Engineers consultants; provided, however, that if the State’s unilateral use occurs for completing, using or maintaining the Project as a result of the Architect/Engineer’s breach of this Agreementdefault, nothing in this Article shall be deemed to relieve the Architect/Engineer of liability for its own acts or omissions or breach of this Agreementdefault.

Instruments of Service. 7.1.1 § 8.1 Drawings, specifications specifications, and other documents, include including those in electronic form, prepared by the Architect/Engineer and the Architect/Engineer’s consultants Consultant are Instruments of Service for use solely with respect to this Project. The Architect/Engineer and Unless otherwise provided, the Architect/Engineer’s consultants Consultant shall be deemed the authors author and owners owner of their respective instruments the Consultant's Instruments of service Service and shall retain all common law, statutory and other reserved rights, including copyrights. 7.1.2 § 8.2 Upon execution of this Agreement, the Architect/Engineer hereby Consultant grants to the State Architect a perpetual nonexclusive license to reproduce the Consultant's Instruments of Service for purposes of designing, administering, using and usemaintaining the Project, provided that the Architect shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. Such license shall permit the Architect to include the Consultant's Instruments of Service in a similar nonexclusive license to the Owner in the Prime Agreement, authorizing the Owner and permit others the Owner's contractors and consultants to reproduce and use for applicable portions of the State, the Architect/Engineer’s Consultant's Instruments of Service solely for purposes of constructing, using and maintaining the Project. Any termination of this Agreement prior to completion of the Project or for future alterationsshall terminate this license. Upon such termination, or additions the Architect shall refrain from making further reproductions of the Consultant's Instruments of Service and shall return to the Project. The Architect/Engineer shall obtain similar nonexclusive licenses from Consultant within seven days of termination all originals and reproductions in the Architect/Engineer’s consultants consistent with this Agreement's possession or control. If, If and upon the date the Architect/Engineer Consultant is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting that permits the State Architect, and the Owner through the Architect, to continue to use and to reproduce the Consultant's Instruments of Service and to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. If the Architect is adjudged in default of the Prime Agreement, the Consultant, upon written request of the Owner, shall grant a nonexclusive § 8.3 Except for the licenses granted in Section 8.2, no other license or for future alterationsright shall be deemed granted or implied under this Agreement. The Architect shall not assign, delegate, sublicense, pledge or additions otherwise transfer any license § 8.4 Prior to the Project. 7.1.3 Any unilateral use by Consultant providing to the State of the Architect any Instruments of Service for completing, using, maintaining, adding to in electro form or altering the Project or facilities Architect § 8.5 The Architect and Consultant shall be at not make changes in each other's Instruments of Service without written permission of the State’s sole risk other party. § 8.6 The Consultant shall maintain on file and without liability make available to the Architect/Engineer and the Architect/Engineer’s consultants; provided, however, that if the State’s unilateral use occurs Architect design calculations for completing, using or maintaining the Project as a result This Part of the Architect/Engineer’s breach of this AgreementProject, nothing in this Article and shall be deemed furnish copies thereof to relieve the Architect/Engineer of liability for its own acts or omissions or breach of this AgreementArchitect on request.