Ownership and Reuse of Documents. All documents are instruments of service, and Engineer shall retain an ownership and property interested therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. Owner may make and retain copies of documents for information and reference in connection with the use of the documents on the Project. Engineer grants Owner a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the documents, and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. If Engineer at Owner’s request verifies the suitability of the documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount agreed upon by Owner and Engineer.
Appears in 6 contracts
Samples: Engineering Services Agreement, Engineering Services Agreement, Engineering Services Agreement
Ownership and Reuse of Documents. All Project documents including but not necessarily limited to reports, drawings, studies, findings, correspondence, specifications, survey notes, estimates, maps, computations, calculations, computer files, Computer Assisted Design and Drafting (CADD) files (electronic and hard copy), and other data, as well as any and all other documents and other materials prepared, generated, or furnished by or for CONSULTANT and/or its Subconsultant(s) for the Project pursuant to this Agreement (hereinafter referred to in this Section B. as “Documents”) are instruments of serviceservice with respect to the Project, and Engineer CONSULTANT shall retain an ownership and intellectual property interested interest therein (including the copyright and the right of reuse at the discretion of the Engineer) regardless whether or not the Project is completed. Owner OWNER is hereby granted a royalty-free, non-exclusive, limited-use license therein, and may make and retain copies of documents thereof for information and reference in connection with the use and/or occupancy of the documents on the ProjectProject by OWNER and others. Engineer grants Owner a limited license to use the documents on the ProjectHowever, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the documents, and subject to the following limitations: (1) Owner acknowledges that such documents Documents are not intended for reuse or represented to be suitable for future use on the Project unless completed by Engineer, or for use or reuse by Owner OWNER or others on extensions of the Project, for any purpose whatsoever or on any other project, and the limited-use license granted hereunder does not apply to any future use. No representation is made that such Documents are or will be suitable for reuse or future use by OWNER or others for any purpose whatsoever or on any other project. Any use of such Documents by OWNER or purposeothers on any project other than the project which is the subject of this Agreement is not advised and shall be done without warranty, without written verification or adaptation by Engineer; (2) any such use or reuserepresentation, or liability to any modification extent whatsoever on the part of the documentsCONSULTANT. OWNER shall defend, without written verificationindemnify, completionsave and hold harmless CONSULTANT, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partnersemployees, agents, employeessuccessors, and consultants; (3) Owner shall indemnify assigns against any and hold harmless Engineer all liability for any and its officers, directors, members, partners, agents, employees, and consultants from all claims, demands, fines, fees, damages, lossesactions, and expensescauses of action, lawsuits, expenses (including attorneys’ fees), mediations, and arbitrations arising out of or of, resulting from any use, reusefrom, or modification relating in any way to the OWNER’S use of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. If Engineer at Owner’s request verifies the suitability of the documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount agreed upon by Owner and EngineerDocuments.
Appears in 3 contracts
Samples: Professional Services, Professional Services, Professional Services
Ownership and Reuse of Documents. All Project documents including but not necessarily limited to reports, Drawings, studies, findings, correspondence, specifications, survey notes, estimates, maps, computations, calculations, computer files, computer assisted design and drafting (CADD) files (electronic and hard copy), and other data, as well as any and all other documents and other materials prepared, generated, or furnished by or for CONSULTANT and/or its subconsultant(s) for the Project pursuant to this Agreement (hereinafter referred to in this Paragraph 8.2 as “Documents”) are instruments of serviceservice with respect to the Project, and Engineer CONSULTANT shall retain an ownership and intellectual property interested interest therein (including the copyright and the right of reuse at the discretion of the Engineer) regardless whether or not the Project is completed. Owner OWNER may make and retain copies of documents thereof for information and reference in connection with the use and/or occupancy of the documents on the ProjectProject by OWNER and others. Engineer grants Owner a limited license to use the documents on the ProjectHowever, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the documents, and subject to the following limitations: (1) Owner acknowledges that such documents Documents are not intended for reuse or represented to be suitable for future use on the Project unless completed by Engineer, or for use or reuse by Owner OWNER or others on extensions of the Project, for any purpose whatsoever or on any other project. No representation is made that such Documents are or will be suitable for reuse or future use by OWNER or others for any purpose whatsoever or on any other project. Any use of such Documents by OWNER or others on any project other than the Project which is the subject of this Agreement is not advised and shall be done without warranty, representation, or for liability to any other use or purposeextent whatsoever on the part of CONSULTANT. OWNER shall defend, without written verification or adaptation by Engineer; (2) any such use or reuseindemnify, or any modification of the documentssave and hold harmless CONSULTANT, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partnersemployees, agents, employeessuccessors, and consultants; (3) Owner shall indemnify assigns against any and hold harmless Engineer all liability for any and its officers, directors, members, partners, agents, employees, and consultants from all claims, demands, fines, fees, damages, lossesactions, and expensescauses of action, lawsuits, expenses (including attorneys’ fees), mediations, and arbitrations arising out of or of, resulting from any use, reusefrom, or modification relating in any way to the OWNER’s use of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. If Engineer at Owner’s request verifies the suitability of the documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount agreed upon by Owner and EngineerDocuments.
Appears in 2 contracts
Samples: Professional Services, Professional Services
Ownership and Reuse of Documents. All Project documents including but not necessarily limited to reports, drawings, studies, findings, correspondence, specifications, survey notes, estimates, maps, computations, calculations, computer files, Computer Assisted Design and Drafting (CADD) files (electronic and hard copy), and other data, as well as any and all other documents and other materials prepared, generated, or furnished by or for CONSULTANT and/or its Subconsultant(s) for the Project pursuant to this Agreement (hereinafter referred to in this Section B. as “Documents”) are instruments of serviceservice with respect to the Project, and Engineer CONSULTANT shall retain an ownership and intellectual property interested interest therein (including the copyright and the right of reuse at the discretion of the Engineer) regardless whether or not the Project is completed. Owner OWNER may make and retain copies of documents thereof for information and reference in connection with the use and/or occupancy of the documents on the ProjectProject by OWNER and others. Engineer grants Owner a limited license to use the documents on the ProjectHowever, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the documents, and subject to the following limitations: (1) Owner acknowledges that such documents Documents are not intended for reuse or represented to be suitable for future use on the Project unless completed by Engineer, or for use or reuse by Owner OWNER or others on extensions of the Project, for any purpose whatsoever or on any other project. No representation is made that such Documents are or will be suitable for reuse or future use by OWNER or others for any purpose whatsoever or on any other project. Any use of such Documents by OWNER or others on any project other than the project which is the subject of this Agreement is not advised and shall be done without warranty, representation, or for liability to any other use or purposeextent whatsoever on the part of CONSULTANT. OWNER shall defend, without written verification or adaptation by Engineer; (2) any such use or reuseindemnify, or any modification of the documentssave and hold harmless CONSULTANT, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partnersemployees, agents, employeessuccessors, and consultants; (3) Owner shall indemnify assigns against any and hold harmless Engineer all liability for any and its officers, directors, members, partners, agents, employees, and consultants from all claims, demands, fines, fees, damages, lossesactions, and expensescauses of action, lawsuits, expenses (including attorneys’ fees), mediations, and arbitrations arising out of or of, resulting from any use, reusefrom, or modification relating in any way to the OWNER’S use of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. If Engineer at Owner’s request verifies the suitability of the documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount agreed upon by Owner and EngineerDocuments.
Appears in 1 contract
Samples: Professional Services
Ownership and Reuse of Documents. All documents are instruments of service, and Engineer shall retain an ownership and property interested therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. .
3.1 Owner may make and retain copies of documents for information and reference in connection with the use of the documents on the Project. Engineer grants Owner a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the documents, and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. .
3.2 If Engineer at Owner’s request verifies the suitability of the documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer Consultant at rates or in an amount agreed upon by Owner and Engineer.
Appears in 1 contract
Samples: Agreement for Engineering Services
Ownership and Reuse of Documents. All 7.6.1 Contract documents, reports, plans, specifications, memorandums, or other delivered documents (furthermore known as Documents), in printed paper format (also known as hard copies) prepared or furnished by Engineer or Engineer's independent Consultants, pursuant to this Agreement are instruments of service, service and Engineer shall retain an ownership and become the property interested therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. Owner may make and retain copies of documents for information and reference in connection with the use of the documents on the Project. Engineer grants Owner a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to Engineer’s receipt by Engineer of full payment due and owing for all services relating to preparation of the Documents. Engineer shall have the right to retain copies of Documents for information and reference. Signed and sealed printed form documents and plans shall be deemed superior and shall govern over same electronic format documents, and subject to the following limitations: (1) .
7.6.2 Owner acknowledges that such documents Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, . Owner also acknowledges that Documents are not intended or represented to be suitable for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any . Any such use or reuse, or any modification of the documentsDocuments, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner Consultants.
7.6.3 OWNER shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants Consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents Documents without written verification, completion, or adaptation by Engineer; and (4) . Any such limited license verification or adaptation will entitle Engineer to Owner shall not create any rights in third parties. If Engineer further compensation at Owner’s request verifies rates indicated as an Additional Service.
7.6.4 Either party to this Agreement may rely that data or information set forth on Documents that the suitability of party receives from the documentsother party by mail, completes themhand delivery, or adapts them facsimile, are the items that the other party intended to send.
7.6.5 Electronic documents and electronic information delivered to the Owner is provided for extensions convenience only. Engineer makes no representation as to the suitability, compatibility, usability, readability, reliability or durability of the Project any document or for any other purpose, then Owner shall compensate Engineer at rates information transmitted electronically or in an amount agreed upon by Owner and Engineerelectronic media format on portable devices or of the software application packages, operating systems, or computer hardware of the Owner. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk.
Appears in 1 contract
Samples: Professional Services
Ownership and Reuse of Documents. All documents are instruments of service, and Engineer Consultant shall retain an ownership and property interested therein (including the copyright and the right of reuse at the discretion of the EngineerConsultant) whether or not the Project is completed. .
3.1 Owner may make and retain copies of documents for information and reference in connection with the use of the documents on the Project. Engineer Consultant grants Owner a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer Consultant of full payment due and owing for all services relating to preparation of the documents, and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by EngineerConsultant, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by EngineerConsultant; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by EngineerConsultant, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer Consultant or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer Consultant and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by EngineerConsultant; and (4) such limited license to Owner shall not create any rights in third parties. .
3.2 If Engineer Consultant at Owner’s request verifies the suitability of the documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer Consultant at rates or in an amount agreed upon by Owner and EngineerConsultant.
Appears in 1 contract
Samples: Agreement for Engineering Services