District Ownership. Ownership of the originals and reproducible drawings, specifications and other Design Documents prepared by or on behalf of the Design Professional under this Agreement, including without limitation working drawings, master plans, preliminary sketches, architectural presentation drawings, structural and other engineering calculations or computations, estimates, Schematic Design Drawings, Design Development Drawings, and Construction Drawings are and shall remain the property of the District. By this reference, the provisions of California Education Code §17316 are incorporated by reference herein in their entirety and references in said §17316 to “school district” shall be deemed to refer to the District. Upon the termination of this Agreement, termination of any Revision for the Project, or the abandonment or all or any portion of the Project, the District may use any portion of the completed drawings, specifications, estimates and other Design Documents completed at the time of termination or abandonment for any purpose relating to the Project for which the Design Documents were prepared, including without limitation, completion of Design Documents for the Project, construction of the Project, future additions, alterations, repairs, maintenance, reference, use or occupancy. The foregoing notwithstanding, the Design Professional shall be permitted to retain copies, including reproducible and electronic file copies of the Design Documents for information and reference, including the re-use of details contained in the Design Documents for other projects, provided that the rights of the Design Professional hereunder shall not be deemed to permit the Design Professional to use the Design Documents prepared under this Agreement in whole or in substantial part for other projects. 7.1.1. In the event that the District permits any unauthorized use, reuse or modification to the Design Documents by any person, firm or legal entity, the District agrees to indemnify, defend and hold the Design Professional, its employees and consultants harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or resulting to any and all persons, firms, or any other legal entity, on account of any damage or loss to property or persons, including death, arising out of such unauthorized use, reuse or modification of the Design Documents and other documents, except where the Design Professional is found to be liable for such damages or losses by a court or forum of competent jurisdiction.
Appears in 2 contracts
Samples: Master Design Professional Agreement, Master Design Professional Agreement
District Ownership. Ownership of the originals and reproducible drawings, specifications and other Design Documents prepared by or on behalf of the Design Professional under this Agreement, including without limitation working drawings, master plans, preliminary sketches, architectural presentation drawings, structural and other engineering calculations or computations, estimates, Schematic Design Drawings, Design Development Drawings, and Construction Drawings are and shall remain the property of the District. By this reference, the provisions of California Education Code §17316 are incorporated by reference herein in their entirety and references in said §17316 to “school district” shall be deemed to refer to the District. Upon the termination of this Agreement, termination of any Revision for the Project, or the abandonment or all or any portion of the Project, the District may use any portion of the completed drawings, specifications, estimates and other Design Documents completed at the time of termination or abandonment for any purpose relating to the Project for which the Design Documents were prepared, including without limitation, completion of Design Documents for the Project, construction of the Project, future additions, alterations, repairs, maintenance, reference, use or occupancy. The foregoing notwithstanding, the Design Professional shall be permitted to retain copies, including reproducible and electronic file copies of the Design Documents for information and reference, including the re-use of details contained in the Design Documents for other projects, provided that the rights of the Design Professional hereunder shall not be deemed to permit the Design Professional to use the Design Documents prepared under this Agreement in whole or in substantial part for other projects.
7.1.1. In the event that the District permits any unauthorized use, reuse or modification to the Design Documents by any person, firm or legal entity, the District agrees to indemnify, defend and hold the Design Professional, its employees and consultants harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or resulting to any and all persons, firms, or any other legal entity, on account of any damage or loss to property or persons, including death, arising out of such unauthorized use, reuse or modification of the Design Documents and other documents, except where the Design Professional is found to be liable for such damages or losses by a court or forum of competent jurisdiction.
Appears in 1 contract
Samples: Master Agreement
District Ownership. Ownership of the originals and reproducible drawings, specifications and other Design Documents prepared by or on behalf of the Design Professional under this Agreement, including without limitation working drawings, master plans, preliminary sketches, architectural presentation drawings, structural and other engineering calculations or computations, estimates, Schematic Design Drawings, Design Development Drawings, and Construction Drawings are and shall remain the property of the District. By this reference, the provisions of California Education Code §17316 are incorporated by reference herein in their entirety and references in said §17316 to “school district” shall be deemed to refer to the District. Upon the termination of this Agreement, termination of any Revision for the Project, or the abandonment or all or any portion of the Project, the District may use any portion of the completed drawings, specifications, estimates and other Design Documents completed at the time of termination or abandonment for any purpose relating to the Project for which the Design Documents were prepared, including without limitation, completion of Design Documents for the Project, construction of the Project, future additions, alterations, repairs, maintenance, reference, use or occupancy. The foregoing notwithstanding, the Design Professional shall be permitted to retain copies, including reproducible and electronic file copies of the Design Documents for information and reference, including the re-use of details contained in the Design Documents for other projects, provided that the rights of the Design Professional hereunder shall not be deemed to permit the Design Professional to use the Design Documents prepared under this Agreement in whole or in substantial part for other projects.
7.1.1. In the event that the District permits any unauthorized use, reuse or modification to the Design Documents by any person, firm or legal entity, or if the District permits the substantial or material alteration of any completed Design Documents, the District agrees to indemnify, defend and hold the Design Professional, its employees and consultants harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interest thereon, accruing or resulting to any and all persons, firms, or any other legal entity, on account of any damage or loss to property or persons, including death, arising out of such unauthorized use, reuse or modification of the Design Documents and other documents, except where the Design Professional is found to be liable for such damages or losses by a court or forum of competent jurisdiction.
Appears in 1 contract
Samples: Standard Form of Agreement