CADD Diskettes. At each stage of the Architect’s submission of Preliminary Plans and Working Drawings to the District pursuant to the terms of this Agreement, Architect shall also submit corresponding CADD diskettes. During the term of the Agreements, the District may request that the Architect provide copies of its Drawings, Specifications and other documents, or portions of the same, in an electronic format (“Data”) to the District or others on behalf of the District. However, the providing and/or the transferring of Data are not and shall not be deemed a sale. The Data are instruments of professional service and as such, the Architect makes no representations or warranties, expressed or implied, of the Data’s merchantability or fitness for a particular purpose with respect to its quality, adequacy, accuracy, completeness or sufficiency as to any results to be or intended to be achieve as to its use. The District acknowledges that anomalies and errors can be introduced into the Data when it is transferred or used in an incompatible computer environment and solely accepts the risks associated with and/or the responsibility for any damages to hardware, software or computer systems or network related to any use of the Data. The Data is being furnished, “as is.” The Architect shall have no duty to modify or update the Data. The District and any other parties using the Data are responsible for modifying their computer systems to properly use the Data. The District agrees that it will obligate any party using the Data to be bound to the terms of this Article 6 as if such party was the District. PROJECT ASSIGNMENT NUMBER 1 (EXHIBIT A TO AGREEMENT FOR ON-GOING ARCHITECTURAL SERVICES) This Project Assignment is executed between OHLONE COMMUNITY COLLEGE DISTRICT (“District”) and tBP Architecture (“Architect”) pursuant to the Agreement for On-Going Architectural Services (“Agreement”) between the Architect and the District dated September 8, 2004. By this reference, the Agreement is incorporated herein as if set forth in full.
CADD Diskettes. In the event that Architect utilizes Computed Aided Design Drafting (CADD), at each stage of its submission of Schematic Design Documents, Design Development Documents and Construction Documents to the District pursuant to the terms hereof, Architect shall also submit corresponding CADD diskettes.
