Common use of USE OF DOCUMENTS Clause in Contracts

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Work Products”) prepared by A/E and its subcontractors/ subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, A/E hereby conveys, transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product developed under this Agreement. Copies may be retained by A/E. A/E shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E or anyone connected with A/E, including agents, employees, Engineers or subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by A/E without cost to County. Upon execution of this Agreement, A/E grants to County permission to reproduce A/E’s work and documents for purposes of constructing, using, and maintaining the Project, provided that County will comply with its obligations, including prompt payment of all sums when due, under this Agreement. A/E shall obtain similar permission from A/E’s subcontractors/ subconsultants consistent with this Agreement. If and upon the date A/E is adjudged in default of this Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the work and documents for the purposes of completing, using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. However, County shall be permitted to authorize the contractor, subcontractors, and material or equipment suppliers to reproduce applicable portions of A/E Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E Work Products shall be at County's sole risk and without liability to A/E and its subconsultants. Prior to A/E providing to County any A/E Work Products in electronic form or County providing to A/E any electronic data for incorporation into A/E Work Products, County and A/E shall, by separate written agreement, set forth the specific conditions governing the format of such A/E Work Products or electronic data, including any special limitations not otherwise provided in this Agreement. Any electronic files are provided by A/E for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/E, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E shall be relied upon. A/E shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by A/E making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 57 contracts

Sources: Agreement for Design & Engineering Services, Agreement for Design & Engineering Services, Agreement for Design & Engineering Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, specifications and data or programs stored electronically, (hereinafter referred to as “A/E Engineering Work Products”) prepared by A/E Engineer and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this Agreement Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/EEngineer’s designs under this Agreement Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. Engineer. By execution of this Agreement Contract and in confirmation of the fee for services to be paid under this AgreementContract, A/E Engineer hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product work product developed under this AgreementContract. Copies may be retained by A/E. A/E Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Engineer or anyone connected with A/EEngineer, including agents, employees, Engineers or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Engineer without cost to County. Upon execution of this AgreementContract, A/E Engineer grants to County permission to reproduce A/EEngineer’s work and documents for purposes of constructing, using, using and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this AgreementContract. A/E Engineer shall obtain similar permission from AEngineer’s subcontractors/E’s subcontractors/ subconsultants consistent with this AgreementContract. If and upon the date A/E Engineer is adjudged in default of this AgreementContract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. Engineer. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Engineering Work Products shall be at County's sole risk and without liability to A/E Engineer and its subconsultantsEngineers. Prior to A/E Engineer providing to County any A/E Engineering Work Products in electronic form or County providing to A/E Engineer any electronic data for incorporation into A/E the Engineering Work Products, County and A/E shall, Engineer shall by separate written agreement, contract set forth the specific conditions governing the format of such A/E Engineering Work Products or electronic data, including any special limitations not otherwise provided in this AgreementContract. Any electronic files are provided by A/E Engineer for the convenience of County County, and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/EEngineer, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E Engineer shall be relied upon. A/E Engineer shall have no liability for changes made to the drawings by other consultants engineers subsequent to the completion of the Project. Any such change shall be sealed by A/E the engineer making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 48 contracts

Sources: Contract for Engineering Services, Contract for Engineering Services, Contract for Engineering Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, specifications and data or programs stored electronically, (hereinafter referred to as “A/E Engineering Work Products”) prepared by A/E Engineer and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this Agreement Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/EEngineer’s designs under this Agreement Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County County, without written verification or adaptation by Engineer for the specific purpose intended, shall be at County’s sole risk and without liability to A/E. Engineer. By execution of this Agreement Contract and in confirmation of the fee for services to be paid under this AgreementContract, A/E Engineer hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product work product developed under this AgreementContract. Copies may be retained by A/E. A/E Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Engineer or anyone connected with A/EEngineer, including agents, employees, Engineers or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Engineer without cost to County. Upon execution of this AgreementContract, A/E Engineer grants to County permission to reproduce A/EEngineer’s work and documents for purposes of constructing, using, using and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this AgreementContract. A/E Engineer shall obtain similar permission from AEngineer’s subcontractors/E’s subcontractors/ subconsultants consistent with this AgreementContract. If and upon the date A/E Engineer is adjudged in default of this AgreementContract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. Engineer. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Engineering Work Products shall be at County's sole risk and without liability to A/E Engineer and its subconsultantsEngineers. Prior The parties shall mutually agree to A/E providing to County any A/E Work Products in an electronic form or County providing to A/E any electronic data format for incorporation into A/E Work Products, County and A/E shall, by separate written agreement, set forth the specific conditions governing the format of such A/E Engineering Work Products or electronic other data, including any special limitations not otherwise provided in this AgreementContract, prior to any such Engineering Work Products or data being submitted electronically by either party to the other party. Any Upon such agreement between the parties, Engineering Work Products or other data provided in the agreed upon electronic files are provided format may be relied upon by A/E for the convenience of County and use of them is at County’s sole riskreceiving party. In the case of any defects in event the parties cannot agree on an acceptable electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/Eformat, the hardcopy shall prevail. Only only printed copies of documents conveyed by A/E a party shall be relied uponupon by the receiving party. A/E Engineer shall have no liability for changes made to the drawings by other consultants engineers subsequent to the completion of the Project. Any such change shall be sealed by A/E the engineer making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 41 contracts

Sources: Contract for Engineering Services, Contract for Engineering Services, Contract for Engineering Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Surveying Work Products”) prepared by A/E Surveyor and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this Agreement Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs Surveying Work Products under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), Contract Surveying Work Products shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County County, without written verification or adaptation by Surveyor for the specific purpose intended, shall be at County’s sole risk and without liability to A/E. Surveyor. By execution of this Agreement Contract and in confirmation of the fee for services to be paid under this AgreementContract, A/E Surveyor hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Surveying Work Product Products developed under this AgreementContract. Copies may be retained by A/E. A/E Surveyor. Surveyor shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Surveyor or anyone connected with A/ESurveyor, including agents, employees, Engineers Surveyors or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Surveyor without cost to County. Upon execution of this AgreementContract, A/E Surveyor grants to County permission to reproduce A/ESurveyor’s work and documents for purposes of constructing, using, using and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this AgreementContract. A/E Surveyor shall obtain similar permission from ASurveyor’s subcontractors/E’s subcontractors/ subconsultants consistent with this AgreementContract. If and upon the date A/E Surveyor is adjudged in default of this AgreementContract, County is permitted to authorize other similarly credentialed design surveying professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. Surveyor. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Surveying Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Surveying Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Surveying Work Products shall be at County's sole risk and without liability to A/E Surveyor and its subconsultantsSurveyors. Prior The parties shall mutually agree to A/E providing to County any A/E Work Products in an electronic form or County providing to A/E any electronic data format for incorporation into A/E Work Products, County and A/E shall, by separate written agreement, set forth the specific conditions governing the format of such A/E Surveying Work Products or electronic other data, including any special limitations not otherwise provided in this AgreementContract, prior to any such Surveying Work Products or data being submitted electronically by either party to the other party. Any Upon such agreement between the parties, Surveying Work Products or other data provided in the agreed upon electronic files are provided format may be relied upon by A/E for the convenience of County and use of them is at County’s sole riskreceiving party. In the case of any defects in event the parties cannot agree on an acceptable electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/Eformat, the hardcopy shall prevail. Only only printed copies of documents conveyed by A/E a party shall be relied uponupon by the receiving party. A/E Surveyor shall have no liability for changes made to the drawings Surveying Work Products by other consultants surveyors subsequent to the completion of the Project. Any such change shall be sealed by A/E the surveyor making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 13 contracts

Sources: Contract for Surveying Services, Contract for Surveying Services, Contract for Surveying Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, specifications and data or programs stored electronically, (hereinafter referred to as “A/E Architectural and Engineering Work Products”) prepared by A/E and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this First Amended Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs under this First Amended Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. By execution of this First Amended Agreement and in confirmation of the fee for services to be paid under this First Amended Agreement, A/E hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product work product developed under this First Amended Agreement. Copies may be retained by A/E. A/E shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E or anyone connected with A/E, including agents, employees, Engineers A/E or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E without cost to County. Upon execution of this First Amended Agreement, A/E grants to County permission to reproduce A/E’s work and documents for purposes of constructing, using, using and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this First Amended Agreement. A/E shall obtain similar permission from A/E’s subcontractors/ subcontractors/subconsultants consistent with this First Amended Agreement. If and upon the date A/E is adjudged in default of this First Amended Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Architectural and Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Architectural and Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Architectural and Architectural and Engineering Work Products shall be at County's sole risk and without liability to A/E and its subconsultants. A/E. Prior to A/E providing to County any A/E Architectural and Engineering Work Products in electronic form or County providing to A/E any electronic data for incorporation into A/E the Architectural and Engineering Work Products, County and A/E shall, shall by separate written agreement, contract set forth the specific conditions governing the format of such A/E Architectural and Engineering Work Products or electronic data, including any special limitations not otherwise provided in this First Amended Agreement. Any electronic files are provided by A/E for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/E, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E shall be relied upon. A/E shall have no liability for changes made to the drawings by other consultants A/E subsequent to the completion of the Project. Any such change shall be sealed by the A/E making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 8 contracts

Sources: Agreement for Architectural and Engineering Services, Agreement for Architectural and Engineering Services, Agreement for Architectural and Engineering Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Work Products”) prepared by A/E Firm and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this Agreement Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs Work Products under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), Contract shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County County, without written verification or adaptation by Firm for the specific purpose intended, shall be at County’s sole risk and without liability to A/E. Firm. By execution of this Agreement Contract and in confirmation of the fee for services to be paid under this AgreementContract, A/E Firm hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product Products developed under this AgreementContract. Copies may be retained by A/E. A/E Firm. Firm shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Firm or anyone connected with A/EFirm, including agents, employees, Engineers Firms or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Firm without cost to County. Upon execution of this AgreementContract, A/E Firm grants to County permission to reproduce A/EFirm’s work and documents for purposes of constructing, using, using and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this AgreementContract. A/E Firm shall obtain similar permission from AFirm’s subcontractors/E’s subcontractors/ subconsultants consistent with this AgreementContract. If and upon the date A/E Firm is adjudged in default of this AgreementContract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. Firm. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Work Products shall be at County's sole risk and without liability to A/E Firm and its subconsultantsFirms. Prior The parties shall mutually agree to A/E providing to County any A/E Work Products in an electronic form or County providing to A/E any electronic data format for incorporation into A/E Work Products, County and A/E shall, by separate written agreement, set forth the specific conditions governing the format of such A/E Environmental Work Products or electronic other data, including any special limitations not otherwise provided in this AgreementContract, prior to any such Environmental Work Products or data being submitted electronically by either party to the other party. Any Upon such agreement between the parties, Environmental Work Products or other data provided in the agreed upon electronic files are provided format may be relied upon by A/E for the convenience of County and use of them is at County’s sole riskreceiving party. In the case of any defects in event the parties cannot agree on an acceptable electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/Eformat, the hardcopy shall prevail. Only only printed copies of documents conveyed by A/E a party shall be relied uponupon by the receiving party. A/E Firm shall have no liability for changes made to the drawings Work Products by other consultants Firms subsequent to the completion of the Project. Any such change shall be sealed by A/E the Firm making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 5 contracts

Sources: Contract for Environmental Services, Contract for Environmental Services, Contract for Environmental Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Test Engineer Work Products”) prepared by A/E Test Engineer and its subcontractors/ subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/ETest Engineer’s designs under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. Test Engineer. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, A/E Test Engineer hereby conveys, transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product developed under this Agreement. Copies may be retained by A/E. A/E Test Engineer. Test Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Test Engineer or anyone connected with A/ETest Engineer, including agents, employees, Engineers or subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Test Engineer without cost to County. Upon execution of this Agreement, A/E Test Engineer grants to County permission to reproduce A/ETest Engineer’s work and documents for purposes of constructing, using, and maintaining the Project, provided that County will comply with its obligations, including prompt payment of all sums when due, under this Agreement. A/E Test Engineer shall obtain similar permission from A/ETest Engineer’s subcontractors/ subconsultants consistent with this Agreement. If and upon the date A/E Test Engineer is adjudged in default of this Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the work and documents for the purposes of completing, using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. Test Engineer. However, County shall be permitted to authorize the contractor, subcontractors, and material or equipment suppliers to reproduce applicable portions of A/E Test Engineer Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Test Engineer Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E Test Engineer Work Products shall be at County's sole risk and without liability to A/E Test Engineer and its subconsultants. Prior to A/E Test Engineer providing to County any A/E Test Engineer Work Products in electronic form or County providing to A/E Test Engineer any electronic data for incorporation into A/E Test Engineer Work Products, County and A/E Test Engineer shall, by separate written agreement, set forth the specific conditions governing the format of such A/E Test Engineer Work Products or electronic data, including any special limitations not otherwise provided in this Agreement. Any electronic files are provided by A/E Test Engineer for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/ETest Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E Test Engineer shall be relied upon. A/E Test Engineer shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by A/E Test Engineer making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 5 contracts

Sources: Construction Materials Test Engineering Agreement, Geotechnical / Construction Materials Test Engineering Services Agreement, Geotechnical / Construction Materials Test Engineering Services Agreement

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Work Products”) prepared by A/E and its subcontractors/ subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, A/E hereby conveys, transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product developed under this Agreement. Copies may be retained by A/E. A/E shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E or anyone connected with A/E, including agents, employees, Engineers or subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by A/E without cost to County. Upon execution of this Agreement, A/E grants to County permission to reproduce A/E’s work and documents for purposes of constructing, using, and maintaining the Project, provided that County will comply with its obligations, including prompt payment of all sums when due, under this Agreement. A/E shall obtain similar permission from A/E’s subcontractors/ subconsultants consistent with this Agreement. If and upon the date A/E is adjudged in default of this Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the work and documents for the purposes of completing, using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. However, County shall be permitted to authorize the contractor, subcontractors, and material or equipment suppliers to reproduce applicable portions of A/E Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E Work Products shall be at County's sole risk and without liability to A/E and its subconsultants. Prior to A/E providing to County any A/E Work Products in electronic form or County providing to A/E any electronic data for incorporation into A/E Work Products, County and A/E shall, by separate written agreement, set forth the specific conditions governing the format of such A/E Work Products or electronic data, including any special limitations not otherwise provided in this Agreement. Any electronic files are provided by A/E for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/E, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E shall be relied upon. A/. A/ E shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by A/E making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 5 contracts

Sources: Agreement for Design & Engineering Services, Design & Engineering Services Agreement, Design & Engineering Services Agreement

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Work Products”) prepared by A/E and its subcontractors/ subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, A/E hereby conveys, transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product developed under this Agreement. Copies may be retained by A/E. A/E shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E or anyone connected with A/E, including agents, employees, Engineers or subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by A/E without cost to County. Upon execution of this Agreement, A/E grants to County permission to reproduce A/E’s work and documents for purposes of constructing, using, and maintaining the Project, provided that County will comply with its obligations, including prompt payment of all sums when due, under this Agreement. A/E shall obtain similar permission from A/E’s subcontractors/ subconsultants consistent with this Agreement. If and upon the date A/E is adjudged in default of this Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the work and documents for the purposes of completing, using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. However, County shall be permitted to authorize the contractor, subcontractors, and material or equipment suppliers to reproduce applicable portions of the A/E Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the A/E Work Products shall be at County's sole risk and without liability to A/E and its subconsultants. Prior to A/E providing to County any A/E Work Products in electronic form or County providing to A/E any electronic data for incorporation into the A/E Work Products, County and A/E shall, by separate written agreement, set forth the specific conditions governing the format of such A/E Work Products or electronic data, including any special limitations not otherwise provided in this Agreement. Any electronic files are provided by A/E for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/E, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E shall be relied upon. A/E shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by A/E making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 5 contracts

Sources: Agreement for Planning, Design & Engineering Services, Agreement for Planning, Design & Engineering Services, Agreement for Planning, Design & Engineering Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Work Products”) prepared by A/E and its subcontractors/ subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, A/E hereby conveys, transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product developed under this Agreement. Copies may be retained by A/E. A/E shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E or anyone connected with A/E, including agents, employees, Engineers or subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by A/E without cost to County. Upon execution of this Agreement, A/E grants to County permission to reproduce A/E’s work and documents for purposes of constructing, using, and maintaining the Project, provided that County will comply with its obligations, including prompt payment of all sums when due, under this Agreement. A/E shall obtain similar permission from A/E’s subcontractors/ subconsultants consistent with this Agreement. If and upon the date A/E is adjudged in default of this Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the work and documents for the purposes of completing, using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. However, County shall be permitted to authorize the contractor, subcontractors, and material or equipment suppliers to reproduce applicable portions of A/E Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E Work Products shall be at County's sole risk and without liability to A/E and its subconsultants. Prior to A/E providing to County any A/E Work Products in electronic form or County providing to A/E any electronic data for incorporation into A/E Work Products, County and A/E shall, by separate written agreement, set forth the specific conditions governing the format of such A/E Work Products or electronic data, including any special limitations not otherwise provided in this Agreement. Any electronic files are provided by A/E for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/E, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E shall be relied upon. A/E shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by A/E making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 4 contracts

Sources: Agreement for Design & Engineering Services, Design & Engineering Services Agreement, Design & Engineering Services Agreement

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, specifications and data or programs stored electronically, (hereinafter referred to as “A/E “Engineering Work Products”Products”) prepared by A/E Engineer and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this Agreement Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s Engineer’s designs under this Agreement Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s County’s sole risk and without liability to A/E. Engineer. By execution of this Agreement Contract and in confirmation of the fee for services to be paid under this AgreementContract, A/E Engineer hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product work product developed under this AgreementContract. Copies may be retained by A/E. A/E Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Engineer or anyone connected with A/EEngineer, including agents, employees, Engineers or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Engineer without cost to County. Upon execution of this AgreementContract, A/E Engineer grants to County permission to reproduce A/E’s Engineer’s work and documents for purposes of constructing, using, using and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this AgreementContract. A/E Engineer shall obtain similar permission from AEngineer’s subcontractors/E’s subcontractors/ subconsultants consistent with this AgreementContract. If and upon the date A/E Engineer is adjudged in default of this AgreementContract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. Engineer. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Engineering Work Products shall be at County's sole risk and without liability to A/E Engineer and its subconsultantsEngineers. Prior to A/E Engineer providing to County any A/E Engineering Work Products in electronic form or County providing to A/E Engineer any electronic data for incorporation into A/E the Engineering Work Products, County and A/E shall, Engineer shall by separate written agreement, contract set forth the specific conditions governing the format of such A/E Engineering Work Products or electronic data, including any special limitations not otherwise provided in this AgreementContract. Any electronic files are provided by A/E Engineer for the convenience of County County, and use of them is at County’s County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/EEngineer, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E Engineer shall be relied upon. A/E Engineer shall have no liability for changes made to the drawings by other consultants engineers subsequent to the completion of the Project. Any such change shall be sealed by A/E the engineer making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 3 contracts

Sources: Contract for Engineering Services, Contract for Engineering Services, Contract for Engineering Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E CxP Work Products”) prepared by A/E CxP and its subcontractors/ subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/ECxP’s designs under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. CxP. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, A/E CxP hereby conveys, transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product developed under this Agreement. Copies may be retained by A/E. A/E CxP. CxP shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E CxP or anyone connected with A/ECxP, including agents, employees, Engineers or subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by A/E CxP without cost to County. Upon execution of this Agreement, A/E CxP grants to County permission to reproduce A/ECxP’s work and documents for purposes of constructing, using, and maintaining the Project, provided that County will comply with its obligations, including prompt payment of all sums when due, under this Agreement. A/E CxP shall obtain similar permission from A/ECxP’s subcontractors/ subconsultants consistent with this Agreement. If and upon the date A/E CxP is adjudged in default of this Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the work and documents for the purposes of completing, using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. CxP. However, County shall be permitted to authorize the contractor, subcontractors, and material or equipment suppliers to reproduce applicable portions of A/E CxP Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E CxP Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E CxP Work Products shall be at County's sole risk and without liability to A/E CxP and its subconsultants. Prior to A/E CxP providing to County any A/E CxP Work Products in electronic form or County providing to A/E CxP any electronic data for incorporation into A/E CxP Work Products, County and A/E CxP shall, by separate written agreement, set forth the specific conditions governing the format of such A/E CxP Work Products or electronic data, including any special limitations not otherwise provided in this Agreement. Any electronic files are provided by A/E CxP for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/ECxP, the hardcopy electronic copy shall prevail. Only printed copies of documents conveyed by A/E CxP shall be relied upon. A/E CxP shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by A/E making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 2 contracts

Sources: Commissioning Services Agreement, Commissioning Services Agreement

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Surveying Work Products”) prepared by A/E Surveyor and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this Agreement Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs Surveying Work Products under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), Contract Surveying Work Products shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. Surveyor. By execution of this Agreement Contract and in confirmation of the fee for services to be paid under this AgreementContract, A/E Surveyor hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Surveying Work Product Products developed under this AgreementContract. Copies may be retained by A/E. A/E Surveyor. Surveyor shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Surveyor or anyone connected with A/ESurveyor, including agents, employees, Engineers Surveyors or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Surveyor without cost to County. Upon execution of this AgreementContract, A/E Surveyor grants to County permission to reproduce A/ESurveyor’s work and documents for purposes of constructing, using, using and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this AgreementContract. A/E Surveyor shall obtain similar permission from ASurveyor’s subcontractors/E’s subcontractors/ subconsultants consistent with this AgreementContract. If and upon the date A/E Surveyor is adjudged in default of this AgreementContract, County is permitted to authorize other similarly credentialed design surveying professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. Surveyor. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Surveying Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Surveying Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Surveying Work Products shall be at County's sole risk and without liability to A/E Surveyor and its subconsultantsSurveyors. Prior to A/E Surveyor providing to County any A/E Surveying Work Products in electronic form or County providing to A/E Surveyor any electronic data for incorporation into A/E the Surveying Work Products, County and A/E shall, Surveyor shall by separate written agreement, contract set forth the specific conditions governing the format of such A/E Surveying Work Products or electronic data, including any special limitations not otherwise provided in this AgreementContract. Any electronic files are provided by A/E Surveyor for the convenience of County County, and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/ESurveyor, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E Surveyor shall be relied upon. A/E Surveyor shall have no liability for changes made to the drawings Surveying Work Products by other consultants surveyors subsequent to the completion of the Project. Any such change shall be sealed by A/E the surveyor making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 2 contracts

Sources: Contract for Surveying Services, Contract for Surveying Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Work Products”) prepared by A/E Firm and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this Agreement Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs Work Products under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), Contract shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. Firm. By execution of this Agreement Contract and in confirmation of the fee for services to be paid under this AgreementContract, A/E Firm hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product Products developed under this AgreementContract. Copies may be retained by A/E. A/E Firm. Firm shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Firm or anyone connected with A/EFirm, including agents, employees, Engineers Firms or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Firm without cost to County. Upon execution of this AgreementContract, A/E Firm grants to County permission to reproduce A/EFirm’s work and documents for purposes of constructing, using, using and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this AgreementContract. A/E Firm shall obtain similar permission from AFirm’s subcontractors/E’s subcontractors/ subconsultants consistent with this AgreementContract. If and upon the date A/E Firm is adjudged in default of this AgreementContract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. Firm. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Work Products shall be at County's sole risk and without liability to A/E Firm and its subconsultantsFirms. Prior to A/E Firm providing to County any A/E Work Products in electronic form or County providing to A/E Firm any electronic data for incorporation into A/E the Work Products, County and A/E shall, Firm shall by separate written agreement, contract set forth the specific conditions governing the format of such A/E Work Products or electronic data, including any special limitations not otherwise provided in this AgreementContract. Any electronic files are provided by A/E Firm for the convenience of County County, and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/EFirm, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E Firm shall be relied upon. A/E Firm shall have no liability for changes made to the drawings Work Products by other consultants Firms subsequent to the completion of the Project. Any such change shall be sealed by A/E the Firm making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 2 contracts

Sources: Contract for Professional Services, Contract for Professional Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E Work Products”) prepared by A/E and its subcontractors/ subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, A/E hereby conveys, transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product developed under this Agreement. Copies may be retained by A/E. A/E shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E or anyone connected with A/E, including agents, employees, Engineers or subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by A/E without cost to County. Upon execution of this Agreement, A/E grants to County permission to reproduce A/E’s work and documents for purposes of constructing, using, and maintaining the Project, provided that County will comply with its obligations, including prompt payment of all sums when due, under this Agreement. A/E shall obtain similar permission from A/E’s subcontractors/ subconsultants consistent with this Agreement. If and upon the date A/E is adjudged in default of this Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the work and documents for the purposes of completing, using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. However, County shall be permitted to authorize the contractor, subcontractors, and material or equipment suppliers to reproduce applicable portions of A/E Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E Work Products shall be at County's Countyʹs sole risk and without liability to A/E and its subconsultants. Prior to A/E providing to County any A/E Work Products in electronic form or County providing to A/E any electronic data for incorporation into A/E Work Products, County and A/E shall, by separate written agreement, set forth the specific conditions governing the format of such A/E Work Products or electronic data, including any special limitations not otherwise provided in this Agreement. Any electronic files are provided by A/E for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/E, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E shall be relied upon. A/E shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by A/E making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 1 contract

Sources: Design & Engineering Services Agreement

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, specifications and data or programs stored electronically, (hereinafter referred to as “A/E Engineering Work Products”) prepared by A/E Products Engineer and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this Agreement Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/E’s designs under this Agreement pa Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. County . By execution of this Agreement Contract and in confirmation of the fee for services to be paid under this AgreementContract, A/E Engineer hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product work product developed under this AgreementContract. Copies may be retained by A/E. A/E Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Engineer or anyone connected with A/EEngineer, including agents, employees, Engineers or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Engineer without cost to County. Upon execution of this AgreementContract, A/E Engineer grants to County permission to reproduce A/E’s work and documents for purposes of constructing, using, g and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this Agreement. AContract subcontractors/E shall obtain similar permission from A/E’s subcontractors/ subconsultants consistent with this AgreementContract. If and upon the date A/E Engineer is adjudged in default of this AgreementContract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. Engineer. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Engineering Work Products shall be at County's sole risk and without liability to A/E Engineer and its subconsultantsEngineers. Prior to A/E Engineer providing to County any A/E Engineering Work Products in electronic form or County providing to A/E Engineer any electronic data for incorporation into A/E the Engineering Work Products, County and A/E shall, Engineer shall by separate written agreement, contract set forth the specific conditions governing the format of such A/E Engineering Work Products or electronic data, including any special limitations not otherwise provided in this AgreementContract. Any electronic files are provided by A/E Engineer for the convenience of County County, and use of them is at County’s sole risk. In the case of any County y defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/EEngineer, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E Engineer shall be relied upon. A/E Engineer shall have no liability for changes made to the drawings by other consultants engineers subsequent to the completion of the Project. Any such change shall be sealed by A/E the engineer making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 1 contract

Sources: Contract for Engineering Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, specifications and data or programs stored electronically, (hereinafter referred to as “A/E Engineering Work Products”) prepared by A/E Engineer and its subcontractors/ subcontractors/subconsultants are related exclusively to the services described in this Agreement Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/EEngineer’s designs under this Agreement Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. Engineer. By execution of this Agreement Contract and in confirmation of the fee for services to be paid under this AgreementContract, A/E Engineer hereby conveys, transfers, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs designs and Work Product work product developed under this AgreementContract. Copies may be retained by A/E. A/E Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E Engineer or anyone connected with A/EEngineer, including agents, employees, Engineers or subcontractors/ subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by A/E Engineer without cost to County. Upon execution of this AgreementContract, A/E Engineer grants to County permission to reproduce A/EEngineer’s work and documents for purposes of constructing, using, using and maintaining the Project, provided that County will shall comply with its obligations, including prompt payment of all sums when due, under this AgreementContract. A/E Engineer shall obtain similar permission from AEngineer’s subcontractors/E’s subcontractors/ subconsultants consistent with this AgreementContract. If and upon the date A/E Engineer is adjudged in default of this AgreementContract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, corrections or additions to the work and documents for the purposes of completing, using, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge, pledge or otherwise transfer any permission granted herein to another party without the prior written consent contract of A/E. Engineer. However, County shall be permitted to authorize the contractor, subcontractors, subcontractors and material or equipment suppliers to reproduce applicable portions of A/E the Engineering Work Products appropriate to and for use in the their execution of the Work. Submission or distribution of A/E Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E the Engineering Work Products shall be at County's sole risk and without liability to A/E Engineer and its subconsultantsEngineers. Prior to A/E Engineer providing to County any A/E Engineering Work Products in electronic form or County providing to A/E Engineer any electronic data for incorporation into A/E the Engineering Work Products, County and A/E shall, Engineer shall by separate written agreement, contract set forth the specific conditions governing the format of such A/E Engineering Work Products or electronic data, including any special limitations not otherwise provided in this AgreementContract. Any electronic files are provided by A/E Engineer for the convenience of County County, and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/EEngineer, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E Engineer shall be relied upon. A/E Engineer shall have no liability for changes made to the drawings by other consultants engineers subsequent to the completion of the Project. Any such change shall be sealed by A/E the engineer making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 1 contract

Sources: Contract for Engineering Services

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E PMRI Work Products”) prepared by A/E PMRI and its subcontractors/ subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/EPMRI’s designs under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. PMRI. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, A/E PMRI hereby conveys, transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product developed under this Agreement. Copies may be retained by A/E. A/E PMRI. PMRI shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E PMRI or anyone connected with A/EPMRI, including agents, employees, Engineers or subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by A/E PMRI without cost to County. Upon execution of this Agreement, A/E PMRI grants to County permission to reproduce A/EPMRI’s work and documents for purposes of constructing, using, and maintaining the Project, provided that County will comply with its obligations, including prompt payment of all sums when due, under this Agreement. A/E PMRI shall obtain similar permission from A/EPMRI’s subcontractors/ subconsultants consistent with this Agreement. If and upon the date A/E PMRI is adjudged in default of this Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the work and documents for the purposes of completing, using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. PMRI. However, County shall be permitted to authorize the contractor, subcontractors, and material or equipment suppliers to reproduce applicable portions of A/E PMRI Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E PMRI Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E PMRI Work Products shall be at County's sole risk and without liability to A/E PMRI and its subconsultants. Prior to A/E PMRI providing to County any A/E PMRI Work Products in electronic form or County providing to A/E PMRI any electronic data for incorporation into A/E PMRI Work Products, County and A/E PMRI shall, by separate written agreement, set forth the specific conditions governing the format of such A/E PMRI Work Products or electronic data, including any special limitations not otherwise provided in this Agreement. Any electronic files are provided by A/E PMRI for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/EPMRI, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E PMRI shall be relied upon. A/E PMRI shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by A/E PMRI making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 1 contract

Sources: Project Management, Plan Review & Building Inspection Services Agreement

USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications, and data or programs stored electronically, (hereinafter referred to as “A/E PMRIC Work Products”) prepared by A/E PMRIC and its subcontractors/ subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of A/EPMRIC’s designs under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to A/E. PMRIC. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, A/E PMRIC hereby conveys, transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and Work Product developed under this Agreement. Copies may be retained by A/E. A/E PMRIC. PMRIC shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by A/E PMRIC or anyone connected with A/EPMRIC, including agents, employees, Engineers or subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by A/E PMRIC without cost to County. Upon execution of this Agreement, A/E PMRIC grants to County permission to reproduce A/E▇▇▇▇▇’s work and documents for purposes of constructing, using, and maintaining the Project, provided that County will comply with its obligations, including prompt payment of all sums when due, under this Agreement. A/E PMRIC shall obtain similar permission from A/EPMRIC’s subcontractors/ subconsultants consistent with this Agreement. If and upon the date A/E PMRIC is adjudged in default of this Agreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the work and documents for the purposes of completing, using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of A/E. PMRIC. However, County shall be permitted to authorize the contractor, subcontractors, and material or equipment suppliers to reproduce applicable portions of A/E PMRIC Work Products appropriate to and for use in the execution of the Work. Submission or distribution of A/E PMRIC Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of A/E PMRIC Work Products shall be at County's sole risk and without liability to A/E PMRIC and its subconsultants. Prior to A/E PMRIC providing to County any A/E PMRIC Work Products in electronic form or County providing to A/E PMRIC any electronic data for incorporation into A/E PMRIC Work Products, County and A/E PMRIC shall, by separate written agreement, set forth the specific conditions governing the format of such A/E PMRIC Work Products or electronic data, including any special limitations not otherwise provided in this Agreement. Any electronic files are provided by A/E PMRIC for the convenience of County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by A/EPMRIC, the hardcopy shall prevail. Only printed copies of documents conveyed by A/E PMRIC shall be relied upon. A/E PMRIC shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by A/E PMRIC making that change and shall be appropriately marked to reflect what was changed or modified.

Appears in 1 contract

Sources: Project Management Agreement