Common use of Ownership of Data Clause in Contracts

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents and that is compatible with the most current version of AutoCAD. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence what CADD information was provided to the District, Architect and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person other than the Architect or Consultant(s) subsequent to it being provided to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or DWG format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participation, the District agrees to release Architect of responsibility for those changes, and shall indemnify the Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for the District to use, at its discretion, all plans, plans including, but not limited to, record drawings, specifications, estimates and estimates other documents that the Architect or its Consultants, prepares Consultants prepare or causes cause to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares prepare or causes cause to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting Technology (“CADD”) (e.g., AutoCAD) Technology). The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each date and sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD information. The District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or its Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and ), which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG format or both formats of the site plan, floor plans (architectural, plumbing, structural structural, mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify the hold Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, claims on account of any damages or losses to property or persons, including injuries or deatheconomic losses, arising out of that change or use except to the extent the use, unless Architect is found to be liable in a forum of competent jurisdiction. In the event that the District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s its Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultantsconsultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG or both format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify indemnify, defend and hold the Architect Architect, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ ' fees, on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultantsconsultants.

Ownership of Data. ‌ 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultantsconsultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG or both format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify indemnify, defend and hold the Architect Architect, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ ' fees, on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultantsconsultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents and that is compatible with the most current version of AutoCAD. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence what CADD information was provided to the District, Architect and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person other than the Architect or Consultant(s) subsequent to it being provided to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible electronic (.pdf) format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or DWG format of plans developed for the site planProject as of the date of termination, floor plans (including, without limitation, any architectural, plumbing, structural mechanical and electricalelectrical files; roof plan(s), roof plan, ; sections and exterior elevations of the Project. 8.5.48.5.3. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participation, the District agrees to release Architect of responsibility for those changes, and shall indemnify the Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-non- exclusive and perpetual license for the District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultants, prepares Consultants prepare or causes to be prepared pursuant to this AgreementAgreement provided such use is limited to the project for which such documents were prepared. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares prepare or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Building Information Modeling (BIM) and/or Computer Aided Design Drafting Technology (CADD) (e.g., AutoCAD) Technology). The Architect shall deliver to the District, the design files on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents tape and/or compact disc in an accessible and that is compatible usable format along with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file(s). As to any drawings that Architect provides in a CADD user modifiable file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD information. The District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or its Consultant(s) subsequent to it being provided given to the District.. The “hard” copies of documents shall take precedence over any CADD version of the same documents 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and ), which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of full sized fixed image files in PDF format of Contract Documents. 8.5.4. One set of non-fixed image CADD drawing files in DXF and/or DXF, DWG or other mutually acceptable format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.48.5.5. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.6. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and use and shall indemnify the Architect indemnify, defend and hold Architect, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ ' fees, on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of that change or use use, except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event that the District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s its Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-non- exclusive and perpetual license for the District to use, at its discretion, all plans, including, but not limited to, record drawingsRecord Drawings, specifications, estimates, and estimates other documents that the Architect or its Consultants, prepares Consultant(s) prepare or causes cause to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, copyrights over designs and other intellectual property embodied in the plans, record drawingsRecord Drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares Consultant(s) prepare or causes cause to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting Technology (“CADD”) (e.g., AutoCAD) Technology). The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each date and sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. The District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or its Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District District, upon written request and at no cost to the District District, the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and ), which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG format or both formats of the site Site plan, floor plans (architectural, plumbing, structural mechanical structural, mechanical, and electrical), roof planplans, sections sections, and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data data, and reports prepared by the Architect under this Agreement. 8.5.5. The obligation of this Section 8.5 shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify the hold Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, claims on account of any damages or losses to property or persons, including injuries or deatheconomic losses, arising out of that change or use except to the extent the use, unless Architect is found to be liable in a forum of competent jurisdiction. In the event that the District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s its Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultants, prepares or causes to be prepared pursuant to this Agreement. This license shall survive and not be limited, modified or constrained by any termination of this Agreement irrespective of the nature of the termination, the party initiating the termination or any dispute over the justification, grounds or process of termination. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents and that is compatible with the most current version of AutoCAD. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence what CADD information was provided to the District, Architect and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person other than the Architect or Consultant(s) subsequent to it being provided to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible electronic (.pdf) format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or DWG format of plans developed for the site planProject as of the date of termination, floor plans (including, without limitation, any architectural, plumbing, structural mechanical and electricalelectrical files; roof plan(s), roof plan, ; sections and exterior elevations of the Project. 8.5.48.5.3. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participation, the District agrees to release Architect of responsibility for those changes, and shall indemnify indemnify, but not actively defend, the Architect and hold the Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 173168.1 Upon payment of all amounts due Architect hereunder that is not the subject of a good faith dispute, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, both hard copies and electronic copies of all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultantsconsultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. 8.2 The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. 8.3 The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on request, a “thumb” drive the tape or other District-approved media, electronic transfer or weblink, with these documents compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. 8.4 In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each sign a “hard” copy of reproducible documents the conformed 100% Construction Documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or or claims that arise due to any changes made to this information by any person anyone other than the Architect or Consultant(s) subsequent to it being provided given to the District. 8.5. 8.5 Following the termination of this Agreement, for any reason whatsoeverAgreement and payment of all amounts then due hereunder that is not the subject of a good faith dispute, the Architect shall promptly deliver to the District upon written request and at no cost except reimbursable printing costs to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. 8.5.1 One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. 8.5.2 One (1) set of fixed image CADD files in DXF or other District approved format of the drawings that are part of the Contract Documents. 8.5.3. 8.5.3 One (1) set of non-fixed image CADD drawing files in DXF and/or DXF, DWG or other District approved format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. 8.5.4 All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. 8.6 In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify indemnify, defend and hold the Architect Architect, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, arising out of that any unauthorized change or use except to the extent the Architect is found to be liable in a forum of competent jurisdictionuse. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultantsconsultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved mediadrive, electronic transfer or weblink, and/or compact disc with these documents and that is compatible with the most current version of AutoCAD. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence what CADD information was provided to the District, Architect and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person other than the Architect or Consultant(s) subsequent to it being provided to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have a license and the right to utilize in any way permitted by statutelaw : 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF DXG format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or DWG format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participation, the District agrees to release Architect of responsibility for those changes, and shall indemnify the Architect Architect, harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for the District to use, at its discretion, all plans, plans including, but not limited to, record drawings, specifications, estimates and estimates other documents that the Architect or its Consultants, prepares Consultants prepare or causes cause to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, copyrights over designs and other intellectual property embodied in the plans, record drawings, DWK DMS 3087357v1 specifications, estimates, and other documents that the Architect or its Consultants prepares prepare or causes cause to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting Technology (“CADD”) (e.g., AutoCAD) Technology). The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each date and sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD information. The District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or its Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and ), which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG format or both formats of the site plan, floor plans (architectural, plumbing, structural structural, mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify the hold Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, claims DWK DMS 3087357v1 on account of any damages or losses to property or persons, including injuries or deatheconomic losses, arising out of that change or use except to the extent the use, unless Architect is found to be liable in a forum of competent jurisdiction. In the event that the District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s its Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for the District to use, at its discretion, all plans, plans including, but not limited to, criteria documents, record drawings, specifications, estimates and estimates other documents that the Architect or its Consultants, prepares Consultants prepare or causes cause to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, copyrights over designs and other intellectual property embodied in the planscriteria documents, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares prepare or causes cause to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting Technology (CADD) (e.g., AutoCAD) Technology). The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD information. The District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or its Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and ), which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirementscriteria documents, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG format or both formats of the site plan, floor plans (architectural, plumbing, structural structural, mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify the hold Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, claims on account of any damages or losses to property or persons, including injuries or deatheconomic losses, arising out of that change or use except to the extent the use, unless Architect is found to be liable in a forum of competent jurisdiction. In the event that the District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s its Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for the District to use, at its discretion, all plans, plans including, but not limited to, record drawings, specifications, estimates and estimates other documents that the Architect or its Consultants, prepares Consultants prepare or causes cause to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares prepare or causes cause to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting Technology (CADD/BIM) (e.g., AutoCAD) Technology/REVIT). The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD CADD/BIM file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD CADD/BIM information was provided given to the District, Architect and District shall each sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD CADD/BIM information. The District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or its Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and ), which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD CADD/BIM files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD CADD/BIM drawing files in DXF and/or or DWG format or both formats of the site plan, floor plans (architectural, plumbing, structural structural, mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify the hold Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, claims on account of any damages or losses to property or persons, including injuries or deatheconomic losses, arising out of that change or use except to the extent the use, unless Architect is found to be liable in a forum of competent jurisdiction. In the event that the District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s its Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, models, specifications, and estimates that the Architect or its Consultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, models, specifications, estimates, and other documents that the Architect or its Consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) Technology (e.g., AutoCAD) TechnologyAutoCAD software). The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved mediadrive, electronic transfer or weblink, and/or compact disc with these documents and that is compatible with the most current version of AutoCADthe CADD Technology used by the Architect. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence what CADD information was provided to the District, Architect and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person other than the Architect or Consultant(s) subsequent to it being provided to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or DWG format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, meeting minutes, program documents, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participation, the District agrees to release Architect of responsibility for those such changes, and shall indemnify and hold the Architect Architect, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of that change any changes or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultants.

Ownership of Data. ‌ 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultantsconsultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute:statute:‌‌ 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG or both format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify indemnify, defend and hold the Architect Architect, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ ' fees, on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultants.consultants.‌‌‌‌‌

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents and that is compatible with the most current version of AutoCAD. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence what CADD information was provided to the District, Architect and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person other than the Architect or Consultant(s) subsequent to it being provided to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or DWG format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project., 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participation, the District agrees to release Architect of responsibility for those changes, and shall indemnify the Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, models, specifications, and estimates that the Architect or its Consultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, models, specifications, estimates, and other documents that the Architect or its Consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) Technology (e.g., AutoCAD) Technology, Building Information Modeling software). The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved mediadrive, electronic transfer or weblink, and/or compact disc with these documents and that is compatible with the most current version of AutoCADthe CADD Technologies used by the Architect. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence what CADD information was provided to the District, Architect and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person other than the Architect or Consultant(s) subsequent to it being provided to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or DWG format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, meeting minutes, program documents, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participation, the District agrees to release Architect of responsibility for those such changes, and shall indemnify and hold the Architect Architect, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of that change any changes or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultants.

Ownership of Data. ‌ 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect Engineer or its Consultantsconsultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect Engineer retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect Engineer or its Consultants consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect Engineer shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect Engineer shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect Engineer provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect Engineer and District shall each sign a “"hard” " copy of reproducible documents that depict the information at the time Architect Engineer produces the CADD information. District agrees to release Architect Engineer from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect Engineer or Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect Engineer shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute:statute:‌‌ 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG or both format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect Engineer under this Agreement. 8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the ArchitectEngineer’s knowledge and participationor participation or both, the District agrees to release Architect Engineer of responsibility for those such changes, and shall indemnify indemnify, defend and hold the Architect Engineer, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ ' fees, on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of that change or use except to the extent the Architect Engineer is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the ArchitectEngineer’s full involvement, the District shall remove all title blocks and other information that might identify the Architect Engineer and the ArchitectEngineer’s Consultantsconsultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for the District to use, at its discretion, all plans, including, but not limited to, record drawingsRecord Drawings, specifications, estimates and estimates that the other documents Architect or its Consultants, prepares Consultants prepare or causes cause to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, copyrights over designs and other intellectual property embodied in the plans, record drawingsRecord Drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares prepare or causes cause to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting Technology (“CADD”) (e.g., AutoCAD) Technology). The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each date and sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD information. The District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or its Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request request, and at no cost to the District District, the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and ), which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Construction Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract DocumentsConforming Set. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG format or both formats of the site plan, floor plans (architectural, plumbing, structural structural, mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.5. The obligation of this Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify the hold Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, claims on account of any damages or losses to property or persons, including injuries or deatheconomic losses, arising out of that change or use except to the extent the use, unless Architect is found to be liable in a forum of competent jurisdiction. In the event that the District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s its Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this This Agreement creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect or its Consultantsconsultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect shall deliver to the District, on requestat the completion of the project and following final payment, a “thumb” drive or other District-approved media, electronic transfer or weblink, with these documents the tape and/or compact disc format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should shall rely on PDF or hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and District will be charged at no the actual cost to the District Architect the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract DocumentsDocuments in pdf format. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or DWG format of all of the Contract Drawings (site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and sections, exterior elevations elevations, etc.) of the Project. 8.5.4. All requested finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participation, the District agrees to release Architect of responsibility for those such changes, and shall indemnify indemnify, defend and hold the Architect Architect, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultantsconsultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-exclusive and perpetual license for the District to use, at its discretion, all plans, plans including, but not limited to, record drawings, specifications, estimates and estimates other documents that the Architect or its Consultants, prepares Consultants prepare or causes cause to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect or its Consultants prepares prepare or causes cause to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting Technology (“CADD”) (e.g., AutoCAD) Technology, Revit, Bluebeam or other). The Architect shall deliver to the District, on request, a “thumb” drive compact disc or other District-approved media, electronic transfer or weblink, with these documents USB format and that is compatible with the most current version name of AutoCADthe supplier of the software/hardware necessary to use the design file. As to any drawings that Architect provides in a CADD file format, the format and .PDF. The District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence document exactly what CADD information was provided given to the District, Architect and District shall each date and sign a “"hard” " copy of reproducible documents that depict the information at the time Architect produces the CADD information. The District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect or its Consultant(s) subsequent to it being provided given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and ), which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or or DWG or format it was created in, or all, of the site plan, floor plans (architectural, plumbing, structural structural, mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. One (1) set of electronic files in .PDF format of drawings and specifications that are part of the contract documents. 8.5.5. One (1) set of electronic files in Word format of all specifications that are part of the contract documents. 8.5.6. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.7. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participationor participation or both, the District agrees to release Architect of responsibility for those such changes, and shall indemnify the hold Architect harmless from and against any and all claims, including, but not limited to, reasonable attorneys’ fees, claims on account of any damages or losses to property or persons, including injuries or deatheconomic losses, arising out of that unauthorized change or use except to the extent the use, unless Architect is found to be liable in a forum of competent jurisdiction. In the event that the District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and its Consultants. The District, however, may use the Architect’s Consultantsplans and documents or any Instruments of Service as reference documents for the purposes of additions, alignments, or other development on the Project site.

Ownership of Data. ‌ 8.1. Pursuant to Education Code section 17316, this Agreement creates a non-non- exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, models, specifications, and estimates that the Architect or its Consultants, prepares or causes to be prepared pursuant to this Agreement. 8.2. The Architect retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, models, specifications, estimates, and other documents that the Architect or its Consultants prepares or causes to be prepared pursuant to this Agreement. 8.3. The Architect shall perform the Services and prepare all documents under this Agreement with the assistance of Computer Aided Design Drafting (CADD) Technology (e.g., AutoCAD) Technology, Building Information Modeling software). The Architect shall deliver to the District, on request, a “thumb” drive or other District-approved mediadrive, electronic transfer or weblink, and/or compact disc with these documents and that is compatible with the most current version of AutoCADthe CADD Technologies used by the Architect. As to any drawings that Architect provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.4. In order to evidence what CADD information was provided to the District, Architect and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect produces the CADD information. The Architect shall have a copy of each Building Information Model Archive held in escrow for the duration of the Project. Those copies held in escrow will evidence what information was provided to the District. District agrees to release Architect from all liability, damages, and/or claims that arise due to any changes made to this information by any person other than the Architect or Consultant(s) subsequent to it being provided to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, the Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which the District shall have the right to utilize in any way permitted by statute: 8.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF and/or DWG format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.4. One (1) copy, in electronic format, of each Building Information Model Archive for the Project, inclusive of all related files. 8.5.5. All finished or unfinished documents, studies, meeting minutes, program documents, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.6. In the event the District changes or uses any fully or partially completed documents without the Architect’s knowledge and participation, the District agrees to release Architect of responsibility for those such changes, and shall indemnify and hold the Architect Architect, harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, arising out of that change or use except to the extent the Architect is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Architect and the Architect’s Consultants.or

Ownership of Data. 8.12.6.1. Pursuant to Education Code section 17316, this Agreement the Contract creates a non-exclusive and perpetual license for District to use, at its discretion, all plans, including, but not limited to, record drawings, specifications, and estimates that the Architect Designer/Builder or its Consultantsconsultants, prepares or causes to be prepared pursuant to this AgreementContract, limited to this Work. 8.22.6.2. The Architect Designer/Builder retains all rights to all copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Architect Designer/Builder or its Consultants consultants prepares or causes to be prepared pursuant to this AgreementContract. 8.32.6.3. The Architect Designer/Builder shall perform the Services and prepare all design documents under this Agreement the Contract with the assistance of Computer Aided Design Drafting (CADD) (e.g., AutoCAD) Technology. The Architect Designer/Builder shall deliver to the District, on request, a request “thumb” drive or other District-approved mediadrive, electronic transfer or weblink, with these documents and/or compact disc format and that is compatible with the most current version of AutoCADAutoCAD 2006 (not .pdf). As to any drawings that Architect Designer/Builder provides in a CADD file format, the District acknowledges that anomalies and errors may be introduced into data when it is transferred or used in a computer environment, and that the District should rely on hard copies of all documents. 8.42.6.4. In order to evidence document exactly what CADD information was provided given to the District, Architect Designer/Builder and District shall each sign a “hard” copy of reproducible documents that depict the information at the time Architect Designer/Builder produces the CADD information. District agrees to release Architect Designer/Builder from all liability, damages, and/or claims that arise due to any changes made to this information by any person anyone other than the Architect Designer/Builder or Consultant(s) subsequent to it being provided given to the District. 8.52.6.5. Following the termination of this Agreementthe Contract, for any reason whatsoever, the Architect Designer/Builder shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”) in an electronic format requested by District and which (Microsoft Word), assuming the District shall have has made all payments to Designer/Builder as required by the right to utilize termination provisions in any way permitted by statute:this Contract. 8.5.12.6.5.1. One (1) set of the Contract DocumentsContract, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format. 8.5.22.6.5.2. One (1) Where applicable, one set of fixed image CADD files in DXF format of the drawings that are part of the Contract DocumentsContract. 8.5.32.6.5.3. One (1) Where applicable, one set of non-fixed image CADD drawing files in DXF and/or DWG format of the site plan, floor plans (architectural, plumbing, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.42.6.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect Designer/Builder under this Agreementthe Contract. 8.62.6.6. In the event the District changes or uses any fully or partially completed documents without the ArchitectDesigner/Builder’s knowledge and participation, the District agrees to release Architect Designer/Builder of responsibility for those such changes, and shall indemnify indemnify, defend and hold the Architect Designer/Builder harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees, on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of that change or use except to the extent the Architect Designer/Builder is found to be liable in a forum of competent jurisdiction. In the event District uses any fully or partially completed documents without the ArchitectDesigner/Builder’s full involvement, the District shall remove all title blocks and other information that might identify the Architect Designer/Builder and the ArchitectDesigner/Builder’s Consultantsconsultants.