Common use of Ownership of Design Documents Clause in Contracts

Ownership of Design Documents. 6.02.01 Prior to the full payment of amounts due to Architect under this Agreement, all notes, memoranda, photographs, spreadsheets, data, electronic data, Drawings, Specifications, designs, plans and other supporting documents prepared or furnished by Architect to Owner under this Agreement, including Schematic Design Documents and Construction Documents (“Work Product”) are deemed to be instruments of service and Architect shall retain the ownership and property interests therein, including the copyrights thereto. Upon receipt of full payment of amounts due to Architect at the time of Final Completion of the work or upon earlier termination of this Agreement or abandonment of the Project, the Work Product, including the rights, title and interest in and copyrights thereto shall be assigned to and become the property of Owner; provided, however, that any use of the Work Product by Owner through its employees, agents or third parties, other than as required for completion of the work or in connection with the Project, is at Owner’s sole risk and without liability or legal exposure to Architect or anyone working by or through Architect, including Architect’s consultants of any tier. The Work Product shall promptly be delivered to Owner upon payment of all valid amounts due to Architect upon Final Completion of the work, abandonment of the Project or termination of this Agreement. 6.02.02 During the term of this Agreement, to the extent of their rights in the Work Product, each party hereby grants to the other a limited license to use and reproduce applicable portions of the Work Product in connection with the completion of work under the Contract Documents. The license granted by this Section shall terminate upon Final Completion of the work, abandonment of the Project and the termination of this Agreement. 6.02.03 Architect shall cause its contracts with Architect’s consultants to conform to the 6.02.04 Architect shall defend any action or proceeding brought against Owner based on any claim that the Work Product, or any part thereof, or the operation or use of the Work Product or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Architect of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Architect shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys’ fees and expenses awarded against Owner or Architect in any such action or proceeding. Architect agrees to keep Owner informed of all developments in the defense of such actions. 6.02.05 If Owner is enjoined from the operation or use of the Work Product, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Architect shall at its sole expense take reasonable steps to procure the right to operate or use the Work Product. If Architect cannot so procure such right within a reasonable time, Architect shall promptly, at Architect’s option and at Architect’s expense, (i) modify the Work Product so as to avoid infringement of any such patent or copyright or (ii) replace said Work Product with Work Product that does not infringe or violate any such patent or copyright. 6.02.06 Sections 6.02.04 and 6.02.05 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Architect to Owner or (ii) arising from modifications to the Work Product by Owner or its agents after acceptance of the work. Nothing herein shall be construed to waive or limit such rights, privileges or defenses available to the Owner pursuant to Article 11, Section 1 of the Colorado constitution or pursuant to the Colorado Governmental Immunity Act, C.R.S. § ▇▇-▇▇-▇▇▇, et seq. 6.02.07 The obligations set forth in Sections 6.02.04 through 6.02.06 shall constitute the sole agreement between the parties relating to liability for infringement or violation of any patent or copyright. 6.02.08 Inasmuch as the Construction Documents are the property of the Owner, it is mutually understood and agreed that the Owner has full authority to use, employ, or modify the Construction Documents in such manner as the Owner may desire, including but not limited to construction of more than one structure from the Construction Documents, as provided in this Article

Ownership of Design Documents. 6.02.01 Prior to the full payment of amounts due to Architect under this Agreement, all notes, memoranda, photographs, spreadsheets, data, electronic data, Drawings, Specifications, designs, plans and other supporting documents prepared or furnished by Architect to Owner under this Agreement, including Schematic Design Documents and Construction Documents (“Work Product”) are deemed to be instruments of service and Architect shall retain the ownership and property interests therein, including the copyrights thereto. Upon receipt of full payment of amounts due to Architect at the time of Final Completion of the work or upon earlier termination of this Agreement or abandonment of the Project, the Work Product, including the rights, title and interest in and copyrights thereto shall be assigned to and become the property of Owner; provided, however, that any use of the Work Product by Owner through its employees, agents or third parties, other than as required for completion of the work or in connection with the Project, is at Owner’s sole risk and without liability or legal exposure to Architect or anyone working by or through Architect, including Architect’s consultants of any tier. The Work Product shall promptly be delivered to Owner upon payment of all valid amounts due to Architect upon Final Completion of the work, abandonment of the Project or termination of this Agreement. 6.02.02 During the term of this Agreement, to the extent of their rights in the Work Product, each party hereby grants to the other a limited license to use and reproduce applicable portions of the Work Product in connection with the completion of work under the Contract Documents. The license granted by this Section shall terminate upon Final Completion of the work, abandonment of the Project and the termination of this Agreement. 6.02.03 Architect shall cause its contracts with Architect’s consultants to conform to the 6.02.04 Architect shall defend any action or proceeding brought against Owner based on any claim that the Work Product, or any part thereof, or the operation or use of the Work Product or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Architect of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Architect shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys’ fees and expenses awarded against Owner or Architect in any such action or proceeding. Architect agrees to keep Owner informed of all developments in the defense of such actions. 6.02.05 If Owner is enjoined from the operation or use of the Work Product, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Architect shall at its sole expense take reasonable steps to procure the right to operate or use the Work Product. If Architect cannot so procure such right within a reasonable time, Architect shall promptly, at Architect’s option and at Architect’s expense, (i) modify the Work Product so as to avoid infringement of any such patent or copyright or (ii) replace said Work Product with Work Product that does not infringe or violate any such patent or copyright.such 6.02.06 Sections 6.02.04 and 6.02.05 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Architect to Owner or (ii) arising from modifications to the Work Product by Owner or its agents after acceptance of the work. Nothing herein shall be construed to waive or limit such rights, privileges or defenses available to the Owner pursuant to Article 11, Section 1 of the Colorado constitution or pursuant to the Colorado Governmental Immunity Act, C.R.S. § ▇▇-▇▇-▇▇▇, et seq. 6.02.07 The obligations set forth in Sections 6.02.04 through 6.02.06 shall constitute the sole agreement between the parties relating to liability for infringement or violation of any patent or copyright. 6.02.08 Inasmuch as the Construction Documents are the property of the Owner, it is mutually understood and agreed that the Owner has full authority to use, employ, or modify the Construction Documents in such manner as the Owner may desire, including but not limited to construction of more than one structure from the Construction Documents, as provided in this Article

Ownership of Design Documents. 6.02.01 Prior to the full payment of amounts due to Architect under this Agreement, all notes, memoranda, photographs, spreadsheets, data, electronic data, Drawings, Specifications, designs, plans and other supporting documents prepared or furnished by Architect to Owner under this Agreement, including Schematic Design Documents and Construction Documents (“Work Product”) are deemed to be instruments of service and Architect shall retain the ownership and property interests therein, including the copyrights thereto. Upon receipt of full payment of amounts due to Architect at the time of Final Completion of the work or upon earlier termination of this Agreement or abandonment of the Project, the Work Product, including the rights, title and interest in and copyrights thereto shall be assigned to and become the property of Owner; provided, however, that any use of the Work Product by Owner through its employees, agents or third parties, other than as required for completion of the work or in connection with the Project, is at Owner’s sole risk and without liability or legal exposure to Architect or anyone working by or through Architect, including Architect’s consultants of any tier. The Work Product shall promptly be delivered to Owner upon payment of all valid amounts due to Architect upon Final Completion of the work, abandonment of the Project or termination of this Agreement. 6.02.02 During the term of this Agreement, to the extent of their rights in the Work Product, each party hereby grants to the other a limited license to use and reproduce applicable portions of the Work Product in connection with the completion of work under the Contract Documents. The license granted by this Section shall terminate upon Final Completion of the work, abandonment of the Project and the termination of this Agreement. 6.02.03 Architect shall cause its contracts with Architect’s consultants to conform to the 6.02.04 Architect shall defend any action or proceeding brought against Owner based on any claim that the Work Product, or any part thereof, or the operation or use of the Work Product or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Architect of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Architect shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys’ fees and expenses awarded against Owner or Architect in any such action or proceeding. Architect agrees to keep Owner informed of all developments in the defense of such actions. 6.02.05 If Owner is enjoined from the operation or use of the Work Product, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Architect shall at its sole expense take reasonable steps to procure the right to operate or use the Work Product. If Architect cannot so procure such right within a reasonable time, Architect shall promptly, at Architect’s option and at Architect’s expense, (i) modify the Work Product so as to avoid infringement of any such patent or copyright or (ii) replace said Work Product with Work Product that does not infringe or violate any such patent or copyright.sole 6.02.06 Sections 6.02.04 and 6.02.05 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Architect to Owner or (ii) arising from modifications to the Work Product by Owner or its agents after acceptance of the work. Nothing herein shall be construed to waive or limit such rights, privileges or defenses available to the Owner pursuant to Article 11, Section 1 of the Colorado constitution or pursuant to the Colorado Governmental Immunity Act, C.R.S. § ▇▇-▇▇-▇▇▇, et seq. 6.02.07 The obligations set forth in Sections 6.02.04 through 6.02.06 shall constitute the sole agreement between the parties relating to liability for infringement or violation of any patent or copyright. 6.02.08 Inasmuch as the Construction Documents are the property of the Owner, it is mutually understood and agreed that the Owner has full authority to use, employ, or modify the Construction Documents in such manner as the Owner may desire, including but not limited to construction of more than one structure from the Construction Documents, as provided in this Article

Ownership of Design Documents. 6.02.01 6.2.1 Prior to the full payment of amounts due to Architect under this Agreement, all notes, memoranda, photographs, spreadsheets, data, electronic data, Drawings, Specifications, designs, plans and other supporting documents prepared or furnished by Architect to Owner under this Agreement, including Schematic Design Documents and Construction Documents Agreement (“Work Product”) are deemed to be instruments of service and Architect shall retain the ownership and property interests therein, including the copyrights thereto. Upon receipt of full payment of amounts due to Architect at the time of Final Completion of the work Work or upon earlier termination of this Agreement or abandonment of the ProjectAgreement, the Work Product, including the rights, title and interest in and copyrights thereto Product shall be assigned to and become the property of Owner; provided, however, that any use of the Work Product by Owner through its employees, agents or third parties, other than as required for completion of the work Work or in connection with the Project, is at Owner’s sole risk and without liability or legal exposure to Architect or anyone working by or through Architect, including Architect’s consultants of any tier. The Work Product shall promptly be delivered to Owner upon Final Completion of the Work or immediately upon termination of this Agreement and payment of all valid amounts due to Architect upon Final Completion of the work, abandonment of the Project or termination of this AgreementArchitect. 6.02.02 6.2.2 During the term of this Agreement, to the extent of their rights in the Work Product, each party hereby grants to the other a limited license to use and reproduce applicable portions of the Work Product in connection with the completion of work Work under the Contract Documents. The license granted by this Section shall terminate upon Final Completion the completion of the work, abandonment of the Project Work and the termination of this Agreement. 6.02.03 6.2.3 Architect shall cause its contracts with Architect’s consultants to conform to thethe provisions of this Section 6.2. 6.02.04 6.2.4 Architect shall defend any action or proceeding brought against Owner based on any claim that the Work Product, or any part thereof, or the operation or use of the Work Product or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Architect of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Architect shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys’ fees and expenses awarded against Owner or Architect in any such action or proceeding. Architect agrees to keep Owner informed of all developments in the defense of such actions. 6.02.05 6.2.5 If Owner is enjoined from the operation or use of the Work Product, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Architect shall at its sole expense take reasonable steps to procure the right to operate or use the Work Product. If Architect cannot so procure such right within a reasonable time, Architect shall promptly, at Architect’s option and at Architect’s expense, (i) modify the Work Product so as to avoid infringement of any such patent or copyright or (ii) replace said Work Product with Work Product that does not infringe or violate any such patent or copyright. 6.02.06 Sections 6.02.04 and 6.02.05 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Architect to Owner or (ii) arising from modifications to the Work Product by Owner or its agents after acceptance of the work. Nothing herein shall be construed to waive or limit such rights, privileges or defenses available to the Owner pursuant to Article 11, Section 1 of the Colorado constitution or pursuant to the Colorado Governmental Immunity Act, C.R.S. § ▇▇-▇▇-▇▇▇, et seq. 6.02.07 The obligations set forth in Sections 6.02.04 through 6.02.06 shall constitute the sole agreement between the parties relating to liability for infringement or violation of any patent or copyright. 6.02.08 Inasmuch as the Construction Documents are the property of the Owner, it is mutually understood and agreed that the Owner has full authority to use, employ, or modify the Construction Documents in such manner as the Owner may desire, including but not limited to construction of more than one structure from the Construction Documents, as provided in this Article

Ownership of Design Documents. 6.02.01 Prior to the full payment of amounts due to Architect under this Agreement, all notes, memoranda, photographs, spreadsheets, data, electronic data, Drawings, Specifications, designs, plans and other supporting documents prepared or furnished by Architect to Owner under this Agreement, including Schematic Design Documents and Construction Documents (“Work Product”) are deemed to be instruments of service and Architect shall retain the ownership and property interests therein, including the copyrights thereto. Upon receipt of full payment of amounts due to Architect at the time of Final Completion of the work or upon earlier termination of this Agreement or abandonment of the Project, the Work Product, including the rights, title and interest in and copyrights thereto shall be assigned to and become the property of Owner; provided, however, that any use of the Work Product by Owner through its employees, agents or third parties, other than as required for completion of the work or in connection with the Project, is at Owner’s sole risk and without liability or legal exposure to Architect or anyone working by or through Architect, including Architect’s consultants of any tier. The Work Product shall promptly be delivered to Owner upon payment of all valid amounts due to Architect upon Final Completion of the work, abandonment of the Project or termination of this Agreement. 6.02.02 During the term of this Agreement, to the extent of their rights in the Work Product, each party hereby grants to the other a limited license to use and reproduce applicable portions of the Work Product in connection with the completion of work under the Contract Documents. The license granted by this Section shall terminate upon Final Completion of the work, abandonment of the Project and the termination of this Agreement. 6.02.03 Architect shall cause its contracts with Architect’s consultants to conform to thethe provisions of this Section 6.02. 6.02.04 Architect shall defend any action or proceeding brought against Owner based on any claim that the Work Product, or any part thereof, or the operation or use of the Work Product or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Architect of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Architect shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys’ fees and expenses awarded against Owner or Architect in any such action or proceeding. Architect agrees to keep Owner informed of all developments in the defense of such actions. 6.02.05 If Owner is enjoined from the operation or use of the Work Product, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, Architect shall at its sole expense take reasonable steps to procure the right to operate or use the Work Product. If Architect cannot so procure such right within a reasonable time, Architect shall promptly, at Architect’s option and at Architect’s expense, (i) modify the Work Product so as to avoid infringement of any such patent or copyright or (ii) replace said Work Product with Work Product that does not infringe or violate any such patent or copyright. 6.02.06 Sections 6.02.04 and 6.02.05 above shall not be applicable to any suit, claim or proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Architect to Owner or (ii) arising from modifications to the Work Product by Owner or its agents after acceptance of the work. Nothing herein shall be construed to waive or limit such rights, privileges or defenses available to the Owner pursuant to Article 11, Section 1 of the Colorado constitution or pursuant to the Colorado Governmental Immunity Act, C.R.S. § ▇▇-▇▇-▇▇▇, et seq. 6.02.07 The obligations set forth in Sections 6.02.04 through 6.02.06 shall constitute the sole agreement between the parties relating to liability for infringement or violation of any patent or copyright. 6.02.08 Inasmuch as the Construction Documents are the property of the Owner, it is mutually understood and agreed that the Owner has full authority to use, employ, or modify the Construction Documents in such manner as the Owner may desire, including but not limited to construction of more than one structure from the Construction Documents, as provided in this Article