Common use of OWNERSHIP AND USE OF WORK PRODUCT OF ARCHITECT Clause in Contracts

OWNERSHIP AND USE OF WORK PRODUCT OF ARCHITECT. A. Work Product. Copies of plans, specifications, reports, or other materials required to be delivered under this Agreement ("Work Product") shall be the exclusive property of Owner. Owner and Architect intend that such Work Product be deemed “Work made for Hire,” of which Owner shall be deemed the author. If for any reason such Work Products are not deemed “Work made for Hire,” Architect hereby irrevocably assigns to Owner all of its right, title, and interest in and to any and all of such Work Products, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Architect shall execute such further documents and instruments as Owner may reasonably request in order to fully vest such rights in Owner. Architect forever waives any and all rights relating to such Work Product, including without limitation, any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction, or limitation on use of subsequent modifications. B. Architect's Use of Work Product. Architect, despite other conditions of this Section, shall have the right to utilize such Work Product on its brochures or other literature that it may use for its sales and, in addition, unless specifically otherwise exempted, Architect may use standard line drawings, specifications, and calculations on other unrelated projects. C. Owner Reuse or Modification of Work Product. If Owner reuses or modifies the Work Product without Architect's involvement or prior written consent, to the extent permitted by Article XI, Section 7 of the Oregon Constitution and by the Oregon Tort Claims Act, Owner shall indemnify, within the limits of the Tort Claims Act, Architect against liability for damage to life or property arising from the State's reuse or modification of the Work Product, provided Owner shall not be required to indemnify Architect for any such liability arising out of the wrongful acts of Architect or Architect's officers, employees, Consultants, subcontractors, or agents.

OWNERSHIP AND USE OF WORK PRODUCT OF ARCHITECT. A. Work Product. Copies of plans, specifications, reports, or other materials required to be delivered under this Agreement ("“Work Product"”) shall be the exclusive property of Owner. The Owner and Architect the Architect/Engineer intend that such Work Product be deemed “Work made for Hire,” ”, of which the Owner shall be deemed the author. If for any reason such Work Products are not deemed “Work made for Hire,” Architect ”, the Architect/Engineer hereby irrevocably assigns to the Owner all of its right, title, title and interest in and to any and all of such Work Products, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Architect The Architect/Engineer shall execute such further documents and instruments as the Owner may reasonably request in order to fully vest such rights in the Owner. Architect The Architect/Engineer forever waives any and all rights relating to such Work Product, including without limitation, any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction, restriction or limitation on use of subsequent modifications. B. Architect's /Engineer’s Use of Work Product. The Architect/Engineer, despite other conditions of this Section, shall have the right to utilize such Work Product on its brochures or other literature that it may use utilize for its sales and, and in addition, unless specifically otherwise exempted, Architect the Architect/Engineer may use standard line drawings, specifications, specifications and calculations on other unrelated projects. C. Owner Reuse or Modification of Work Product. If the Owner reuses or modifies the Work Product without the Architect's /Engineer’s involvement or prior written consent, to the extent permitted by Article XI, Section 7 of the Oregon Constitution and by the Oregon Tort Claims Act, the Owner shall indemnify, within the limits of the Tort Claims Act, Architect the Architect/Engineer against liability for damage to life or property arising from the State's ’s reuse or modification of the Work Product, provided the Owner shall not be required to indemnify Architect the Architect/Engineer for any such liability arising out of the wrongful acts of Architect the Architect/Engineer or the Architect's /Engineer’s officers, employees, Consultants, subcontractors, or agents.