Common use of A/E’s Documents and Contract Documents Clause in Contracts

A/E’s Documents and Contract Documents. 9.1.1 Except as provided under Section 9.1.2 and subject to Section 9.1.6, the Owner alone owns the A/E’s Documents and the Contract Documents and every right, title, and interest in the A/E’s Documents and the Contract Documents. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the A/E or any of its Consultants in its normal course of business that are included in the A/E’s Documents. The A/E grants to the Owner an irrevocable, non-exclusive, perpetual, freely assignable, and royalty-free license to copy, reproduce, distribute, and otherwise use those standard details and specifications for all Project-related purposes such as but not limited to owning, financing, constructing, testing, commissioning, decommissioning, using, operating, maintaining, repairing, modifying, selling, obtaining insurance for, and obtaining permits for the Project before, during, and after termination or completion of this Agreement. 9.1.3 The A/E must execute and deliver and cause its employees and agents and all Consultants to execute and deliver, to the Owner any transfers, assignments, documents, or other instruments (if any) necessary to vest in the Owner complete right, title, interest in and ownership of all of the A/E’s Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The A/E may retain copies, including reproducible copies of the A/E’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner grants to the A/E and its Consultants a non- exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the A/E’s Documents and the Contract Documents in relation to the performance of the Services, including any Additional Services. 9.1.5 The submission or distribution of the A/E’s Documents and the Contract Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Owner’s reserved rights in the A/E’s Documents and the Contract Documents. Any unauthorized use of the A/E’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the A/E’s Documents and the Contract Documents. 9.1.6 Should the Owner desire to use any of the A/E’s Documents for an addition to, remodeling or rehabilitation of, or change to any one or more of the Project improvements built on the basis of the A/E’s Documents, the Owner shall engage one or more suitably licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the A/E’s Documents without reliance on any information in the A/E’s Documents that would be inconsistent with the standard of care applicable to that design professional. 9.1.6.1 Unless the Project is a prototype, neither the Contracting Authority nor the Owner is entitled to use the A/E’s Documents on other projects except by prior written agreement with, including mutually acceptable compensation to, the A/E or Consultant, as applicable. The term “other projects” as used in this section does not include additions to, remodeling or rehabilitation of, or change to any one or more of the improvements built on the basis of the A/E’s Documents for this Project. 9.1.7 The A/E shall provide Electronic Files (in native format) to the Contractor, Subcontractors, and Separate Consultants for their use in connection with the Project. The A/E shall provide the Electronic Files (1) at no additional cost to the Contractor, Subcontractors, Separate Consultants, or Owner and (2) without requiring the Contractor, Subcontractors, Separate Consultants, or Owner to agree to any terms or conditions concerning the provision, receipt, or use of the Electronic Files that differ in any material respect from the Contract.

A/E’s Documents and Contract Documents. 9.1.1 Except as provided under Section 9.1.2 and subject to Section 9.1.6, the Owner alone owns the A/E’s Documents and the Contract Documents and every right, title, and interest in the A/E’s Documents and the Contract Documents. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the A/E or any of its Consultants in its normal course of business that are included in the A/E’s Documents. The A/E grants to the Owner an irrevocable, non-exclusive, perpetual, freely assignable, and royalty-free license to copy, reproduce, distribute, and otherwise use those standard details and specifications for all Project-related purposes such as but not limited to owning, financing, constructing, testing, commissioning, decommissioning, using, operating, maintaining, repairing, modifying, selling, obtaining insurance for, and obtaining permits for the Project before, during, and after termination or completion of this Agreement. 9.1.3 The A/E must execute and deliver and cause its employees and agents and all Consultants to execute and deliver, to the Owner any transfers, assignments, documents, or other instruments (if any) necessary to vest in the Owner complete right, title, interest in and ownership of all of the A/E’s Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The A/E may retain copies, including reproducible copies of the A/E’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner grants to the A/E and its Consultants a non- exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the A/E’s Documents and the Contract Documents in relation to the performance of the Services, including any Additional Services. 9.1.5 The submission or distribution of the A/E’s Documents and the Contract Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Owner’s reserved rights in the A/E’s Documents and the Contract Documents. Any unauthorized use of the A/E’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the A/E’s Documents and the Contract Documents. 9.1.6 Should the Owner desire to use any of the A/E’s Documents for an addition to, remodeling or rehabilitation of, or change to any one or more of the Project improvements built on the basis of the A/E’s Documents, the Owner shall engage one or more suitably suitable licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the A/E’s Documents without reliance on any information in the A/E’s Documents that would be inconsistent with the standard of care applicable to that design professional. 9.1.6.1 Unless the Project is a prototype, neither the Contracting Authority nor the Owner is entitled to use the A/E’s Documents on other projects except by prior written agreement with, including mutually acceptable compensation to, the A/E or Consultant, as applicable. The term “other projects” as used in this section does not include additions to, remodeling or rehabilitation of, or change to any one or more of the improvements built on the basis of the A/E’s Documents for this Project. 9.1.7 The A/E shall provide Electronic Files (in native format) to the Contractor, Subcontractors, and Separate Consultants for their use in connection with the Project. The A/E shall provide the Electronic Files (1) at no additional cost to the Contractor, Subcontractors, Separate Consultants, or Owner and (2) without requiring the Contractor, Subcontractors, Separate Consultants, or Owner to agree to any terms or conditions concerning the provision, receipt, or use of the Electronic Files that differ in any material respect from the Contract.

A/E’s Documents and Contract Documents. 9.1.1 Except as provided under Section 9.1.2 and subject to Section 9.1.6, the Owner alone owns the A/E’s Documents and the Contract Documents and every right, title, and interest in the A/E’s Documents and the Contract DocumentsDocuments from the moment of creation. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the A/E or any of its Consultants in its normal course of business that are included in the A/E’s Documents. The A/E grants to the Owner an irrevocable, non-exclusive, perpetual, freely assignable, and royalty-free license to copy, reproduce, distribute, and otherwise use those standard details and specifications for all Project-related purposes such as but not limited to owning, financing, constructing, testing, commissioning, decommissioning, using, operating, maintaining, repairing, modifying, selling, obtaining insurance for, and obtaining permits for the Project before, during, and after termination or completion of this Agreement. 9.1.3 The A/E must execute and deliver and cause its employees and agents and all Consultants to execute and deliver, to the Owner any transfers, assignments, documents, or other instruments (if any) necessary to vest in the Owner complete right, title, interest in and ownership of all of the A/E’s Documents and the Contract Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The A/E may retain copies, including reproducible copies of the A/E’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner grants to the A/E and its Consultants a non- exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the A/E’s Documents and the Contract Documents in relation to the performance of the Services, including any Additional Services. 9.1.5 The submission or distribution of the A/E’s Documents and the Contract Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Owner’s reserved rights in the A/E’s Documents and the Contract Documents. Any unauthorized use of the A/E’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the A/E’s Documents and the Contract Documents. 9.1.6 Should the Owner desire to use any of the A/E’s Documents for an addition to, remodeling or rehabilitation of, or change to any one or more of the Project improvements built on the basis of the A/E’s Documents, the Owner shall engage one or more suitably suitable licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the A/E’s Documents without reliance on any information in the A/E’s Documents that would be inconsistent with to the standard of care applicable to that design professional... 9.1.6.1 Unless the Project is a prototype, neither the Contracting Authority nor the Owner is entitled to use the A/E’s Documents on other projects except by prior written agreement with, including mutually acceptable compensation to, the A/E or Consultant, as applicable. The term “other projects” as used in this section does not include additions to, remodeling or rehabilitation of, or change to any one or more of the improvements built on the basis of the A/E’s Documents for this Project. 9.1.7 The A/E shall provide Electronic Files (in native format) to the Contractor for the Contractor’s , Subcontractors, and Separate Subcontractors’Separate Consultants for their use in connection with the Project. The A/E shall provide the Electronic Files (1) at no additional cost to the Contractor, the Subcontractors, or the OwnerSubcontractors, Separate Consultants, or Owner and (2) without requiring the Contractor, Subcontractors, Separate Consultants, or Owner to agree to any terms or conditions concerning the provision, receipt, or use of the Electronic Files that differ in any material respect from the Contract.

A/E’s Documents and Contract Documents. 9.1.1 Except as provided under Section 9.1.2 and subject to Section 9.1.6, the Owner alone owns the A/E’s Documents and the Contract Documents and every right, title, and interest in the A/E’s Documents and the Contract Documents. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the A/E or any of its Consultants in its normal course of business that are included in the A/E’s Documents. The A/E grants to the Owner an irrevocable, non-exclusive, perpetual, freely assignable, and royalty-free license to copy, reproduce, distribute, and otherwise use those standard details and specifications for all Project-related purposes such as but not limited to owning, financing, constructing, testing, commissioning, decommissioning, using, operating, maintaining, repairing, modifying, selling, obtaining insurance for, and obtaining permits for the Project before, during, and after termination or completion of this Agreement. 9.1.3 The A/E must execute and deliver and cause its employees and agents and all Consultants to execute and deliver, to the Owner any transfers, assignments, documents, or other instruments (if any) necessary to vest in the Owner complete right, title, interest in and ownership of all of the A/E’s Documents under Section 9.1.1 and the license described under Section 9.1.2.. Version Control Document 9.1.4 The A/E may retain copies, including reproducible copies of the A/E’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner grants to the A/E and its Consultants a non- exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the A/E’s Documents and the Contract Documents in relation to the performance of the Services, including any Additional Services. 9.1.5 The submission or distribution of the A/E’s Documents and the Contract Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Owner’s reserved rights in the A/E’s Documents and the Contract Documents. Any unauthorized use of the A/E’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the A/E’s Documents and the Contract Documents. 9.1.6 Should the Owner desire to use any of the A/E’s Documents for an addition to, remodeling or rehabilitation of, or change to any one or more of the Project improvements built on the basis of the A/E’s Documents, the Owner shall engage one or more suitably suitable licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the A/E’s Documents without reliance on any information in the A/E’s Documents that would be inconsistent with the standard of care applicable to that design professional. 9.1.6.1 Unless the Project is a prototype, neither the Contracting Authority nor the Owner is entitled to use the A/E’s Documents on other projects except by prior written agreement with, including mutually acceptable compensation to, the A/E or Consultant, as applicable. The term “other projects” as used in this section does not include additions to, remodeling or rehabilitation of, or change to any one or more of the improvements built on the basis of the A/E’s Documents for this Project. 9.1.7 The A/E shall provide Electronic Files (in native format) to the Contractor, Subcontractors, and Separate Consultants for their use in connection with the Project. The A/E shall provide the Electronic Files (1) at no additional cost to the Contractor, Subcontractors, Separate Consultants, or Owner and (2) without requiring the Contractor, Subcontractors, Separate Consultants, or Owner to agree to any terms or conditions concerning the provision, receipt, or use of the Electronic Files that differ in any material respect from the Contract.

A/E’s Documents and Contract Documents. 9.1.1 Except as provided under Section 9.1.2 and subject to Section 9.1.6, the Owner alone owns the A/E’s Documents and the Contract Documents and every right, title, and interest in the A/E’s Documents and the Contract Documents. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the A/E or any of its Consultants in its normal course of business that are included in the A/E’s Documents. The A/E grants to the Owner an irrevocable, non-exclusive, perpetual, freely assignable, and royalty-free license to copy, reproduce, distribute, and otherwise use those standard details and specifications for all Project-related purposes such as but not limited to owning, financing, constructing, testing, commissioning, decommissioning, using, operating, maintaining, repairing, modifying, selling, obtaining insurance for, and obtaining permits for the Project before, during, and after termination or completion of this Agreement. 9.1.3 The A/E must execute and deliver and cause its employees and agents and all Consultants to execute and deliver, to the Owner any transfers, assignments, documents, or other instruments (if any) necessary to vest in the Owner complete right, title, interest in and ownership of all of the A/E’s Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The A/E may retain copies, including reproducible copies of the A/E’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner grants to the A/E and its Consultants a non- exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the A/E’s Documents and the Contract Documents in relation to the performance of the Services, including any Additional Services. 9.1.5 The submission or distribution of the A/E’s Documents and the Contract Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Owner’s reserved rights in the A/E’s Documents and the Contract Documents. Any unauthorized use of the A/E’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the A/E’s Documents and the Contract Documents. 9.1.6 Should the Owner desire to use any of the A/E’s Documents for an addition to, remodeling or rehabilitation of, or change to any one or more of the Project improvements built on the basis of the A/E’s Documents, the Owner shall engage one or more suitably suitable licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the A/E’s Documents without reliance on any information in the A/E’s Documents that would be inconsistent with the standard of care applicable to that design professionalDocuments. 9.1.6.1 Unless the Project is a prototype, neither the Contracting Authority nor the Owner is entitled to use the A/E’s Documents on other projects except by prior written agreement with, including mutually acceptable compensation to, the A/E or Consultant, as applicable. The term “other projects” as used in this section does not include additions to, remodeling or rehabilitation of, or change to any one or more of the improvements built on the basis of the A/E’s Documents for this Project. 9.1.7 The A/E shall provide Electronic Files (in native format) to the Contractor, Subcontractors, and Separate Consultants for their use in connection with the Project. The A/E shall provide the Electronic Files (1) at no additional cost to the Contractor, Subcontractors, Separate Consultants, or Owner and (2) without requiring the Contractor, Subcontractors, Separate Consultants, or Owner to agree to any terms or conditions concerning the provision, receipt, or use of the Electronic Files that differ in any material respect from the Contract.

A/E’s Documents and Contract Documents. 9.1.1 Except as provided under Section 9.1.2 and subject to Section 9.1.6, the Owner alone owns the A/E’s Documents and the Contract Documents and every right, title, and interest in the A/E’s Documents and the Contract Documents. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the A/E or any of its Consultants in its normal course of business that are included in the A/E’s Documents. The A/E grants to the Owner an irrevocable, non-exclusive, perpetual, freely assignable, and royalty-free license to copy, reproduce, distribute, and otherwise use those standard details and specifications for all Project-related purposes such as but not limited to owning, financing, constructing, testing, commissioning, decommissioning, using, operating, maintaining, repairing, modifying, selling, obtaining insurance for, and obtaining permits for the Project before, during, and after termination or completion of this Agreement. 9.1.3 The A/E must execute and deliver and cause its employees and agents and all Consultants to execute and deliver, to the Owner any transfers, assignments, documents, or other instruments (if any) necessary to vest in the Owner complete right, title, interest in and ownership of all of the A/E’s Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The A/E may retain copies, including reproducible copies of the A/E’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner grants to the A/E and its Consultants a non- exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the A/E’s Documents and the Contract Documents in relation to the performance of the Services, including any Additional Services. 9.1.5 The submission or distribution of the A/E’s Documents and the Contract Documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Owner’s reserved rights in the A/E’s Documents and the Contract Documents. Any unauthorized use of the A/E’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the A/E’s Documents and the Contract Documents. 9.1.6 Should the Owner desire to use any of the A/E’s Documents for an addition to, remodeling or rehabilitation of, or change to any one or more of the Project improvements built on the basis of the A/E’s Documents, the Owner shall engage one or more suitably suitablesuitably licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the A/E’s Documents without reliance on any information in the A/E’s Documents that would be inconsistent with the standard of care applicable to that design professional. 9.1.6.1 Unless the Project is a prototype, neither the Contracting Authority nor the Owner is entitled to use the A/E’s Documents on other projects except by prior written agreement with, including mutually acceptable compensation to, the A/E or Consultant, as applicable. The term “other projects” as used in this section does not include additions to, remodeling or rehabilitation of, or change to any one or more of the improvements built on the basis of the A/E’s Documents for this Project. 9.1.7 The A/E shall provide Electronic Files (in native format) to the Contractor, Subcontractors, and Separate Consultants for their use in connection with the Project. The A/E shall provide the Electronic Files (1) at no additional cost to the Contractor, Subcontractors, Separate Consultants, or Owner and (2) without requiring the Contractor, Subcontractors, Separate Consultants, or Owner to agree to any terms or conditions concerning the provision, receipt, or use of the Electronic Files that differ in any material respect from the Contract.