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 the District to use, at its discretion, all plans including, but not limited to, record drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.3. 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). Architect shall deliver to District all drawings in DWG format. 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 document exactly what CADD information was 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 anyone other than Architect or its Consultant(s) subsequent to it being given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), 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 or DWG or both formats 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 Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 Architect and 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 including, but not limited to, record drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.3. 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). Architect shall deliver to District all drawings in DWG formatDistrict, on request, the tape and/or compact disc format and the name of the 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 document exactly what CADD information was 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 anyone other than Architect or its Consultant(s) subsequent to it being given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), 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 or DWG or both formats 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 Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 Architect and its Consultants.

Ownership of Data. 8.19.1. 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 drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.29.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.39.3. 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). Architect shall deliver to District all drawings in DWG format. 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. 8.49.4. In order to document exactly what CADD information was 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 anyone other than Architect or its Consultant(s) subsequent to it being given to the District. 8.59.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), which the District shall have the right to utilize in any way permitted by statute: 8.5.19.5.1. One (1) set of the Contract Documents, including the bidding requirements, specifications, and all existing cost estimates for the each Project, in hard copy, reproducible format. 8.5.29.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.39.5.3. One (1) set of non-fixed image CADD drawing files in DXF or DWG or both formats of the site plan, floor plans (architectural, plumbing, structural, mechanical and electrical), roof plan, sections and exterior elevations of the each Project. 8.5.49.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect under this Agreement. 8.5.59.5.5. The obligation of Section 8.5 9.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.69.6. In the event the District changes or uses any fully or partially completed documents without Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 Architect and 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 including, but not limited to, record drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.3. 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). Architect shall deliver to District all drawings in DWG format. 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 document exactly what CADD information was 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 anyone other than Architect or its Consultant(s) subsequent to it being given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), 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 or DWG or both formats 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 Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 Architect and its Consultants.

Ownership of Data. 8.17.1. Pursuant to Education Code section 17316, this 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 drawings, specifications, estimates and other documents that Architect Design Professional or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.27.2. Architect Design Professional retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect Design Professional or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.37.3. Architect Design Professional shall perform the Services and prepare all documents under this Agreement with the assistance of Building Information Management (BIM) or Computer Aided Design Drafting Technology (“CADD”) (e.g., AutoCAD). Architect Design Professional shall deliver to District all drawings in DWG format. As to any drawings that Architect Design Professional provides in a BIM or 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 may only rely on hard copies of all documents. 8.47.4. In order to document exactly what BIM or CADD information was given to the District, Architect Design Professional and District shall each date and sign a “"hard” " copy of reproducible documents that depict the information at the time Architect Design Professional produces the BIM or CADD information. The District agrees to release Architect Design Professional from all liability, damages, and/or claims that arise due to any changes made to this information by anyone other than Architect Design Professional or its Consultant(s) subsequent to it being given to the District. 8.57.5. Following the termination of this Agreement, for any reason whatsoever, Architect Design Professional shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), which the District shall have the right to utilize in any way permitted by statute: 8.5.17.5.1. One (1) set of the Contract Criteria Documents, including the bidding requirements, specifications, and all existing cost estimates for the Project, in hard copy, reproducible format and in electronic PDF format. 8.5.27.5.2. One (1) set of fixed image BIM or CADD files in DXF format and PDF format of the drawings that are part of the Contract Criteria Documents. 8.5.37.5.3. One (1) set of non-fixed image BIM or CADD drawing files in DXF or DWG or both formats of the site plan, floor plans (architectural, plumbing, structural, mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.47.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Architect Design Professional under this Agreement. 8.5.57.5.5. The obligation of Section 8.5 7.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.67.6. In the event the District changes or uses any fully or partially completed documents without ArchitectDesign Professional’s knowledge or participation or bothparticipation, the District agrees to release Architect Design Professional of responsibility for such changes, and shall hold Architect Design Professional harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 ArchitectDesign Professional’s full involvement, the District shall remove all title blocks and other information that might identify Architect Design Professional and its Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this 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 drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.3. 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). Architect shall deliver to District all drawings in DWG formatDistrict, on request, the tape and/or compact disc format and the name of the 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.documents.‌ 8.4. In order to document exactly what CADD information was 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 anyone other than Architect or its Consultant(s) subsequent to it being given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), 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.Documents.‌ 8.5.3. One (1) set of non-fixed image CADD drawing files in DXF or DWG or both formats 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.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 Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 Architect and 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 including, but not limited to, record drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.3. 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). Architect shall deliver to District all drawings in DWG format. 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 document exactly what CADD information was 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 anyone other than Architect or its Consultant(s) subsequent to it being given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), 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 a 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 or DWG or both formats of the site plan, floor plans (architectural, plumbing, structural, mechanical and electrical), roof plan, sections and exterior elevations of the a 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 Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 Architect and its Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this 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 drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.3. 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). Architect shall deliver to District all drawings in DWG format. 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 document exactly what CADD information was 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 anyone other than Architect or its Consultant(s) subsequent to it being given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), 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 or DWG or both formats 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 Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 Architect and its Consultants.

Ownership of Data. 8.11.7.1. Pursuant to Education Code section 17316, this Agreement the Contract 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, and estimates and other documents that Architect the Designer/Builder or its Consultants prepare consultants, prepares or cause causes to be prepared pursuant to this AgreementContract, limited to this Work. 8.21.7.2. Architect The Designer/Builder retains all rights to all copyrights over copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect the Designer/Builder or its Consultants prepare consultants prepares or cause causes to be prepared pursuant to this AgreementContract. 8.31.7.3. Architect The Designer/Builder shall perform the Services and prepare all design documents under this Agreement the Contract with the assistance of Computer Aided Design Drafting Technology (“CADD”) (e.g., AutoCAD)) Technology. Architect The Designer/Builder shall deliver the design documents to District all drawings the District, on request, in DWG a “thumb” drive, and/or compact disc format, and compatible with AutoCAD 2020 (not .pdf), or a more recent version if available. 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. 8.41.7.4. Only if directed in writing by the District, Designer/Builder will use BIM for managing the coordination/conflicts with major building and structural systems. The Designer/Builder will include Revit® to optimize building performance early in the design process, run cost estimate and monitor performance changes over the project’s and building’s lifetime. 1.7.5. In order to document exactly what CADD information was given to the District, Architect Designer/Builder and District shall each date and sign a “hard” copy of reproducible documents that depict the information at the time Architect Designer/Builder produces the CADD information. The 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 anyone other than Architect the Designer/Builder or its Consultant(s) subsequent to it being given to the District. 8.51.7.6. Following the termination of this Agreementthe Contract, for any reason whatsoever, Architect the 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 electronic format (Microsoft Word), which 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. 8.5.11.7.6.1. 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. 8.5.21.7.6.2. One (1) Where applicable, one set of fixed image CADD files in DXF format of the drawings that are part of the Contract DocumentsContract. 8.5.31.7.6.3. One (1) Where applicable, one set of non-fixed image CADD drawing files in DXF or and/or DWG or both formats format of the site plan, floor plans (architectural, plumbing, structural, structural mechanical and electrical), roof plan, sections and exterior elevations of the Project. 8.5.41.7.6.4. 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. 8.5.5. The obligation of Section 8.5 of this Agreement shall survive the termination of this Agreement for any reason whatsoever. 8.61.7.7. In the event the District changes or uses any fully or partially completed documents without Architectthe Designer/Builder’s knowledge or participation or bothand participation, the District agrees to release Architect Designer/Builder of responsibility for such changes, and shall indemnify, defend and hold Architect the Designer/Builder harmless from and against any and all claims 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, unless Architect use except to the extent the Designer/Builder 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 ArchitectDesigner/Builder’s full involvement, the District shall remove all title blocks and other information that might identify Architect the Designer/Builder and its Consultantsthe Designer/Builder’s consultants.

Ownership of Data. 8.17.1. 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, and estimates and other documents that the Bridging Architect or its Consultants prepare Consultants, prepares or cause causes to be prepared pursuant to this Agreement. 8.27.2. The Bridging Architect retains all rights to all copyrights over copyrights, designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that the Bridging Architect or its Consultants prepare prepares or cause causes to be prepared pursuant to this Agreement. 8.37.3. The Bridging 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 Bridging Architect shall deliver to District all drawings in DWG formatthe District, on request, a “thumb” drive, and/or compact disc with these documents and that is compatible with the most current version of AutoCAD. As to any drawings that Bridging 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. 8.47.4. In order to document exactly evidence what CADD information was given provided to the District, Bridging Architect and District shall each date and sign a “hard” copy of reproducible documents that depict the information at the time Bridging Architect produces the CADD information. The District agrees to release Bridging Architect from all liability, damages, and/or claims that arise due to any changes made to this information by anyone any person other than the Bridging Architect or its Consultant(s) subsequent to it being given provided to the District. 8.57.5. Following the termination of this Agreement, for any reason whatsoever, the Bridging 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: 8.5.17.5.1. 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. 8.5.27.5.2. One (1) set of fixed image CADD files in DXF format of the drawings that are part of the Contract Documents. 8.5.37.5.3. One (1) set of non-fixed image CADD drawing files in DXF or and/or DWG or both formats format of the site plan, floor plans (architectural, plumbing, structural, mechanical and electrical), roof plan, sections and exterior elevations of the Project., 8.5.47.5.4. All finished or unfinished documents, studies, reports, calculations, drawings, maps, models, photographs, technology data and reports prepared by the Bridging 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. 8.67.6. In the event the District changes or uses any fully or partially completed documents without the Bridging Architect’s knowledge or participation or bothand participation, the District agrees to release Bridging Architect of responsibility for such changes, and shall indemnify, defend and hold Architect the Bridging Architect, harmless from and against any and all claims 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, unless use except to the extent the Bridging 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 Bridging Architect’s full involvement, the District shall remove all title blocks and other information that might identify the Bridging Architect and its the Bridging Architect ’s Consultants.

Ownership of Data. 8.1. Pursuant to Education Code section 17316, this 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 drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.3. 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). Architect shall deliver to District all drawings in DWG formatDistrict, on request, the tape and/or compact disc format and the name of the 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 document exactly what CADD information was 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 anyone other than Architect or its Consultant(s) subsequent to it being given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), 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 or DWG or both formats 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 Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 Architect and its Consultants.

Ownership of Data. DRAFT 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 drawings, specifications, estimates and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.2. Architect retains all rights to all copyrights over designs and other intellectual property embodied in the plans, record drawings, specifications, estimates, and other documents that Architect or its Consultants prepare or cause to be prepared pursuant to this Agreement. 8.3. 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). Architect shall deliver to District all drawings in DWG format. 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 document exactly what CADD information was 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 anyone other than Architect or its Consultant(s) subsequent to it being given to the District. 8.5. Following the termination of this Agreement, for any reason whatsoever, Architect shall promptly deliver to the District upon written request and at no cost to the District the following items (hereinafter “Instruments of Service”), 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 or DWG or both formats 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.. DRAFT 8.6. In the event the District changes or uses any fully or partially completed documents without Architect’s knowledge or participation or both, the District agrees to release Architect of responsibility for such changes, and shall hold Architect harmless from and against any and all claims on account of any damages or losses to property or persons, or economic losses, arising out of that change or 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 Architect and its Consultants.