Ownership and Use of Drawings, Specifications and Other Instruments of Service. 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights.
Appears in 2 contracts
Samples: Lease Agreement (Immunicon Corp), Construction Contract (Empire Resorts Inc)
Ownership and Use of Drawings, Specifications and Other Instruments of Service. 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by Design Consultant, its Consultants or other Consultants retained by XXXX COUNTY for the Architect and the Architect's consultants are Instruments of Service through Project, which describe the Work to be executed by Contractor (collectively referred to as the “Construction Documents”) are and shall remain the property of XXXX COUNTY, whether the Project for which they are made is executed or not. Contractor is described. The Contractor may shall be permitted to retain one record set. Neither the Contractor nor any Subcontractor, Subsub-subcontractor Subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect Design Consultant or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrightsDesign Consultant’s Consultants. All copies of Instruments of ServiceConstruction Documents, except the Contractor's ’s record set, shall be returned or suitably accounted for to the Architect, Design Consultant on request, request and upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect Design Consultant and the Architect's consultantsDesign Consultant’s Consultants, and along with copies thereof furnished to the Contractor, are for use solely with respect to this Project. They The drawings, Specifications or other documents are not to be used by the Contractor or any Subcontractor, Sub-subcontractor Subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of XXXX COUNTY. Any such use without written authorization shall be at the Owner, Architect sole risk and the Architect's consultantsliability of Contractor. The Contractor, Subcontractors, Sub-subcontractors Subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect Design Consultant and the Architect's consultants Design Consultant’s Consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect Design Consultant and the Architect's consultantsDesign Consultant’s Consultants. Submittal or distribution to meet official regulatory requirements or for other purposes purposes, in connection with this Project Project, is not to be construed as publication publication.
1.3.2.1. All of Contractor’s non-proprietary, documentary Work product, including reports and correspondence to XXXX COUNTY, prepared pursuant to this Contract, shall be the property of XXXX COUNTY and, upon completion of this Contract and upon written request by XXXX COUNTY, promptly shall be delivered to XXXX COUNTY in derogation a reasonably organized form, without restriction on its future use by XXXX COUNTY. For the avoidance of doubt, documentary Work product does not include privileged communications, proprietary information and documents used to prepare Contractor’s Bid Proposal.
1.3.2.2. Contractor may retain for its files any copies of documents it chooses to retain and may use its Work product as it deems fit. Any materially- significant Work product lost or destroyed by Contractor shall be replaced or reproduced at Contractor’s non-reimbursable sole cost. In addition, XXXX COUNTY shall have access during normal business hours, during the duration this Contract is in effect and for four (4) years after the final completion of the Architect's Work, unless there is an ongoing dispute under the Contract, then such access period shall extend longer until final resolution of the dispute, to all of Contractor’s records and documents covering reimbursable expenses, actual base hourly rates, time cards and annual salary escalation records maintained in connection with this Contract for purposes of auditing same at the sole cost of XXXX COUNTY. The purpose of any such audit shall be for the verification of such costs. Contractor shall not be required to keep records of, or Architect's consultants' copyrights provide access to, the makeup of any negotiated and agreed-to lump sums, unit prices or other reserved rightsfixed overhead and profit multipliers. Nothing herein shall deny Contractor the right to retain duplicates. Refusal by Contractor to comply with the provisions hereof shall entitle XXXX COUNTY to withhold any payment(s) to Contractor until compliance is obtained.
1.3.2.3. All of Contractor’s documentary Work product shall be maintained within Contractor’s offices, unless otherwise authorized by XXXX COUNTY. After expiration of this Contract, Contractor’s documents may be archived in the Contractor’s central record storage facility but shall remain accessible to XXXX COUNTY for the four (4) year period cited in Section 1.3.22 herein.
Appears in 1 contract
Samples: Construction Contract
Ownership and Use of Drawings, Specifications and Other Instruments of Service. 1.6.1 The Architect and SERVICE. The Drawings, Specifications and other documentsDocuments, including those in electronic e lectronic form, prepared by the Architect and the Architect's ’s consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in i n the Drawings, Specifications and other documents prepared by the Architect or the Architect's ’s consultants, and unless otherwise indicated the Architect and the Architect's ’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, of them and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be c onstrued as publication in derogation of the Architect’sor Architect’s consultants’ reserved xxxxxx.xx addition to the copyrights. All copies of Instruments of Service, except the Contractor's ’s record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents d ocuments prepared by the Architect and the Architect's ’s consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-Sub- subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the t he Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights.’s
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor
Ownership and Use of Drawings, Specifications and Other Instruments of Service. 1.6.1 A. The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect /Engineer and the Architect's /Engineer’s consultants who shall be deemed the authors of them and will retain all common law, statutory the rights provided in the Agreement between Owner and other reserved rights, in addition to the copyrightsArchitect/Engineer. All copies of Instruments of Service, except the Contractor's ’s record set, shall be returned or suitably accounted for to the Architect/Engineer and Owner, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants, and copies thereof furnished to the Contractor, are solely for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's /Engineer’s or Architect's /Engineer’s consultants' ’ copyrights or other reserved rights.
B. Contractor shall restrict its Work to the designated areas of the Project site, and any other work areas which Contractor is permitted to use by Contract or lease. Contractor shall not trespass onto the property of any other person or conduct Work in areas prohibited by Owner. Contractor shall not permit vehicles, debris, materials or equipment to be placed or stored on the property of a third party or within public rights of way, unless Contractor has obtained a permit, license or other written permission to do so, or is otherwise complying with applicable law. In using easements or rights of way, Contractor shall conform to all applicable usage requirements established by law or the documents creating the easement or right of way.
Appears in 1 contract
Samples: Construction Contract
Ownership and Use of Drawings, Specifications and Other Instruments of Service. § 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights.
Appears in 1 contract
Samples: Construction Contract (Sierra Pacific Resources /Nv/)
Ownership and Use of Drawings, Specifications and Other Instruments of Service. §1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants are Instruments of Service owned by Owner through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractorsubcontractor, Subsub-subcontractor subcontractor, or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications Specifications, and other documents prepared by the Architect Architect/Engineer or the Architect's consultants/Engineer’s consultants and owned by Owner, and unless otherwise indicated the Architect and the Architect's consultants indicated, Owner shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, rights in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, Service shall be returned or suitably accounted for to the ArchitectOwner, on request, upon completion of the Work. The Drawings, Specifications Specifications, and other documents prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work work without the specific written consent of the Owner, Architect . Contractor and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications Specifications, and other documents prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants appropriate to and for use in the execution of their the Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications Specifications, and other documents prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' Owner’s copyrights or other reserved rights.
§1.6.2 The Contract Documents furnished to Contractor or any subcontractor are owned by Owner and contain proprietary and confidential information for use solely with respect to this Project. During the course of the Work and after its completion, Architect/Engineer, Contractor, subcontractors, and all other persons utilizing the Contract Documents shall keep the Contract Documents (and all information received concerning the Work, the Project, and the affairs of Owner) confidential and not divulge any such information to any other person except as is necessary in conjunction with the performance of the Work or as necessary in any litigation or similar dispute resolution process.
Appears in 1 contract
Samples: Services Agreement
Ownership and Use of Drawings, Specifications and Other Instruments of Service. §1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants are Instruments of Service owned by Owner through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractorsubcontractor, Subsub-subcontractor subcontractor, or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications Specifications, and other documents prepared by the Architect Architect/Engineer or the Architect's consultants/Engineer’s consultants and owned by Owner, and unless otherwise indicated the Architect and the Architect's consultants indicated, Owner shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, rights in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, Service shall be returned or suitably accounted for to the ArchitectOwner, on request, upon completion of the Work. The Drawings, Specifications Specifications, and other documents prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work work without the specific written consent of the Owner, Architect . Contractor and the Architect's consultants. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications Specifications, and other documents prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants appropriate to and for use in the execution of their the Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications Specifications, and other documents prepared by the Architect Architect/Engineer and the Architect's /Engineer’s consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' Owner’s copyrights or other reserved rights.
§1.6.2 The Contract Documents furnished to Contractor or any subcontractor are owned by Owner and contain proprietary and confidential information for use solely with respect to this Project. During the course of the Work and after its completion, Architect/Engineer, Contractor, subcontractors, and all other persons utilizing the Contract Documents shall keep the Contract Documents (and all information received concerning the Work, the Project, and the affairs of Owner) confidential and not divulge any such information to any other person except as is necessary in conjunction with the performance of the Work or as necessary in any litigation or similar dispute resolution process. Neither the Contract Documents nor the other property and confidential information described herein are to be used by such persons outside the scope of this Project without the prior written consent of Owner. Upon request by Owner, all copies of the Contract Documents shall be returned to Owner upon completion of the Work or upon termination of this Agreement for any reason.
Appears in 1 contract
Samples: Services Agreement
Ownership and Use of Drawings, Specifications and Other Instruments of Service. 1.6.1 § 1.5.1 The Instruments of Service, including Drawings, Specifications and other documents, including those in electronic form, documents prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is describeddescribed shall not be used by the Contractor Parties on projects other than the Project unless expressly authorized in writing by the Owner. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, Sub-subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents Instruments of Service prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor.
§ 1.5.2 The Contractor, Subcontractors, Sub-subcontractor or subcontractors and material or equipment supplier suppliers are granted a limited license to use and reproduce applicable portions of the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner.
§ 1.5.3 As used herein the term “Proprietary Information” shall mean all information which the Contractor acquires from the Owner, Architect or arises out of the Work on the Project and concerns the Architectpresent and future plans of the Owner, or pertains to the operations of the Owner's consultantsbusiness, or to the use of the Project (Proprietary Information shall not include information that is or becomes part of the public domain except if through a disclosure in violation of this Contract). The ContractorContractor represents to the Owner that it has, Subcontractorsand shall employ, Sub-subcontractors policies and material or equipment suppliers are authorized procedures designed to protect Proprietary Information and to prevent its unauthorized publication and disclosure. The Contractor agrees that the Owner's Proprietary Information shall be subject to such policies and procedures. Specifically, and in addition to the foregoing, the Contractor agrees that it will take reasonable measures to prevent disclosure of such Proprietary Information to any third person and will not use and reproduce applicable portions of the Drawings, Specifications and any Proprietary Information other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown than on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' copyrights or other reserved rights.Owner's
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Contractor