Common use of MATERIALS AND DATA Clause in Contracts

MATERIALS AND DATA. 1. All data, inspector's reports, job files, test reports, contract plans and specifications used to record as-built (or other) conditions, copies of shop drawings, construction photographs, cost control and scheduling data, computer printouts, contractor's submittals, summaries, CDs and other electronic documents and memoranda (Written Work); and any and all other Written Work, documents, instruments, information, and materials prepared or accumulated by ENGINEER especially for the Services rendered hereunder; shall be the sole property of the CITY. The CITY may reuse the Written Work at no additional cost, and the CITY shall be vested with all rights of whatever kind and however created that may be in existence thereto; provided, however, that ENGINEER shall in no way be liable or legally responsible to anyone for the CITY'S additional use of any Written Work on another project, without the ENGINEER's prior written approval. 2. In the event of termination of this Agreement prior to ENGINEER's satisfactory completion of all the Services described or alluded to herein, ENGINEER shall promptly furnish the CITY, at no additional cost or expense, one (1) copy of the following items (Documents), any or all of which may have been produced prior to and including the date of termination: data, specifications, calculations, estimates, plans, drawings, construction documents, photographs, summaries, reports, CDs and other electronic documents and memoranda; and any and all other documents, instruments, information, and materials (whether or not completed) prepared or accumulated by ENGINEER, or by any ENGINEER subconsultant, in rendering the Services described herein, and not previously furnished to the CITY by ENGINEER pursuant to this Agreement. The Documents shall be the sole property of the CITY, and the CITY shall be vested with all rights provided therein of whatever kind and however created. ENGINEER shall also require that all such Subconsultants agree in writing to be bound by the provisions of this Paragraph.

MATERIALS AND DATA. 1. All data, inspector's reports, job files, test reports, CD-ROM files, contract plans and specifications used to record as-built (or other) conditions, copies of shop drawings, construction photographs, cost control and scheduling data, computer printouts, contractor's submittals, summaries, CDs and other electronic documents and memoranda (Written Work); and any and all other Written Work, documents, instruments, CD-ROM disks, information, and materials prepared or accumulated by ENGINEER especially for the Services rendered hereunder; shall be the sole property of the CITYCITY upon completion of payment therefore pursuant to the Contract. The ENGINEER may retain copies of all such Written Work for its records. The CITY may reuse the Written Work at no additional cost, and the CITY shall be vested with all rights of whatever kind and however created that may be in existence thereto; provided, however, that ENGINEER shall in no way be liable or legally responsible to anyone for the CITY'S additional use of any Written Work on another project, without the ENGINEER's prior written approval. The provisions of this paragraph shall survive the termination of the Contract. 2. In the event of termination of this Agreement Contract prior to ENGINEER's satisfactory completion of all the Services described or alluded to herein, ENGINEER shall promptly furnish the CITY, at no additional cost or expense, one (1) copy of the following items (Documents), any or all of which may have been produced prior to and including the date of termination: data, specifications, calculations, estimates, plans, drawings, construction documents, photographs, summaries, reports, CDs and other electronic documents and memoranda; , CD-ROM files, record drawings, and any and all other documents, instruments, information, and materials (whether or not completed) prepared or accumulated by ENGINEER, or by any ENGINEER subconsultantSubconsultant, in rendering the Services described herein, and not previously furnished to the CITY by ENGINEER pursuant to this AgreementContract. The Documents shall be the sole property of the CITY, and the CITY shall be vested with all rights provided therein of whatever kind and however created. ENGINEER shall also require that all such Subconsultants agree in writing to be bound by the provisions of this Paragraph.