Common use of Consultant’s Documents and Contract Documents Clause in Contracts

Consultant’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 Consultant’s Documents and the Contract Documents and every right, title, and interest in the Consultant’s Documents and the Contract Documents from the moment of creation. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the Consultant or any of its Sub-consultants in its normal course of business that are included in the Consultant’s Documents. The Consultant 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 Consultant must execute and deliver and cause its employees and agents and all Sub-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 Consultant’s Documents and the Contract Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The Consultant may retain copies, including reproducible copies of Consultant’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner grants to the Consultant and its Sub-consultants a non-exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the Consultant’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 Consultant’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 Consultant’s Documents and the Contract Documents. Any unauthorized use of the Consultant’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the Consultant’s Documents and the Contract Documents. 9.1.6 Should the Owner desire to use any of the Consultant’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 Consultant’s Documents, Owner shall engage one or more suitable licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the Consultant’s Documents without reliance on any information in the Consultant’s Documents that would be inconsistent to the standard of care applicable to that design professional.

Consultant’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 State alone owns the Consultant’s Documents and the Contract Documents and every right, title, and interest in the Consultant’s Documents and the Contract Documents from the moment of creation. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the Consultant or any of its Sub-consultants in its normal course of business that are included in the Consultant’s Documents. The Consultant grants to the Owner State 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- 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 Consultant must execute and deliver and cause its employees and agents and all Sub-consultants to execute and deliver, to the Owner State any transfers, assignments, documents, or other instruments (if any) necessary to vest in the Owner State complete right, title, interest in and ownership of all of the Consultant’s Documents and the Contract Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The Consultant may retain copies, including reproducible copies of Consultant’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner State grants to the Consultant and its Sub-consultants a non-exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the Consultant’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 Consultant’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 OwnerState’s reserved rights in the Consultant’s Documents and the Contract Documents. Any unauthorized use of the Consultant’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the Consultant’s Documents and the Contract Documents. 9.1.6 Should the Owner State desire to use any of the Consultant’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 Consultant’s Documents, Owner State shall engage one or more suitable suitably licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the Consultant’s Documents without reliance on any information in the Consultant’s Documents that would be inconsistent to the standard of care applicable to that design professional. 9.1.7 The Consultant shall provide Electronic Files to the Contractor for the Contractor’s and Subcontractors’ use in connection with the Project. The Consultant shall provide the Electronic Files at no additional cost to the Contractor, the Subcontractors, or the State.

Consultant’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 State alone owns the Consultant’s Documents and the Contract Documents and every right, title, and interest in the Consultant’s Documents and the Contract Documents from the moment of creation. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the Consultant or any of its Sub-consultants in its normal course of business that are included in the Consultant’s Documents. The Consultant grants to the Owner State 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- 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 Consultant must execute and deliver and cause its employees and agents and all Sub-consultants to execute and deliver, to the Owner State any transfers, assignments, documents, or other instruments (if any) necessary to vest in the Owner State complete right, title, interest in and ownership of all of the Consultant’s Documents and the Contract Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The Consultant may retain copies, including reproducible copies of Consultant’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner State grants to the Consultant and its Sub-consultants a non-exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the Consultant’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 Consultant’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 OwnerState’s reserved rights in the Consultant’s Documents and the Contract Documents. Any unauthorized use of the Consultant’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the Consultant’s Documents and the Contract Documents. 9.1.6 Should the Owner State desire to use any of the Consultant’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 Consultant’s Documents, Owner the State shall engage one or more suitable suitably licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the Consultant’s Documents without reliance on any information in the Consultant’s Documents that would be inconsistent to with the standard of care applicable to that design professional. 9.1.7 The Consultant shall provide Electronic Files to the Contractor for the Contractor’s and Subcontractors’ use in connection with the Project. The Consultant shall provide the Electronic Files (1) at no additional cost to the Contractor, Subcontractors, or State and (2) without requiring the Contractor, Subcontractors, Separate Consultants, or State 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.

Consultant’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 Consultant’s Documents and the Contract Documents and every right, title, and interest in the Consultant’s Documents and the Contract Documents from the moment of creation. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the Consultant or any of its Sub-consultants in its normal course of business that are included in the Consultant’s Documents. The Consultant 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 Consultant must execute and deliver and cause its employees and agents and all Sub-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 Consultant’s Documents and the Contract Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The Consultant may retain copies, including reproducible copies of Consultant’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner grants to the Consultant and its Sub-consultants a non-exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the Consultant’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 Consultant’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 Consultant’s Documents and the Contract Documents. Any unauthorized use of the Consultant’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the Consultant’s Documents and the Contract Documents. 9.1.6 Should the Owner desire to use any of the Consultant’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 Consultant’s Documents, Owner shall engage one or more suitable licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the Consultant’s Documents without reliance on any information in the Consultant’s Documents that would be inconsistent to the standard of care applicable to that design professional.

Consultant’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 State alone owns the Consultant’s Documents and the Contract Documents and every right, title, and interest in the Consultant’s Documents and the Contract Documents from the moment of creation. 9.1.2 Section 9.1.1 does not apply to standard details and specifications regularly used by the Consultant or any of its Sub-consultants in its normal course of business that are included in the Consultant’s Documents. The Consultant grants to the Owner State 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- 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 Consultant must execute and deliver and cause its employees and agents and all Sub-consultants to execute and deliver, to the Owner State any transfers, assignments, documents, or other instruments (if any) necessary to vest in the Owner State complete right, title, interest in and ownership of all of the Consultant’s Documents and the Contract Documents under Section 9.1.1 and the license described under Section 9.1.2. 9.1.4 The Consultant may retain copies, including reproducible copies of Consultant’s Documents and the Contract Documents for information, reference, and the performance of the Services. The Owner State grants to the Consultant and its Sub-consultants a non-exclusive, royalty-free license to copy, reproduce, distribute, and otherwise use the Consultant’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 Consultant’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 OwnerState’s reserved rights in the Consultant’s Documents and the Contract Documents. Any unauthorized use of the Consultant’s Documents and the Contract Documents will be at the sole risk of the entity making the unauthorized use of the Consultant’s Documents and the Contract Documents. 9.1.6 Should the Owner State desire to use any of the Consultant’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 Consultant’s Documents, Owner State shall engage one or more suitable licensed design professionals under terms that require each of those design professionals to independently evaluate any design or related features in the Consultant’s Documents without reliance on any information in the Consultant’s Documents that would be inconsistent to the standard of care applicable to that design professional. 9.1.7 The Consultant shall provide Electronic Files to the Contractor for the Contractor’s and Subcontractors’ use in connection with the Project. The Consultant shall provide the Electronic Files at no additional cost to the Contractor, the Subcontractors, or the State.