Common use of OWNERSHIP OF INSTRUMENTS OF SERVICE Clause in Contracts

OWNERSHIP OF INSTRUMENTS OF SERVICE. The Client acknowledges the Professional’s plans, specifications, and other documents, including electronic files, as the work papers of the Professional and the Professional’s instruments of professional service. Nevertheless, the final printed hard copy construction documents prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of all monies due to the Professional. The Client shall not reuse or make any modification to the construction documents without the prior written authorization of the Professional. The Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Professional, its officers, directors, employees and subconsultants (collectively, Professional) against any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the construction documents from or through the Client without the written authorization of the Professional. 13.1. Under no circumstances shall the transfer of said instruments of service be deemed a sale by the Professional, and the Professional makes no warranties, either express or implied, of merchantability and fitness for any particular purpose, nor shall such transfer be construed or regarded as any waiver or other relinquishment of the Professional’s copyrights in any of the foregoing, full ownership of which shall remain with the Professional, absent the Professional’s express prior written consent. 13.2. Should Professional agree to delivery of electronic files to Client, Client agrees, as a condition precedent, to sign Professional’s Electronic Media Transfer Agreement prior to said delivery and further agrees that such delivery is for convenience, not reliance by the receiving party. 13.3. The Client is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the Professional and the electronic files, the signed or sealed hard-copy construction documents shall govern. 13.4. The Client agrees not to reuse these electronic files, in whole or in part, for any purpose other than for the Project. The Client agrees not to transfer any of the delivered electronic files to others without the prior written consent of the Professional. The Client further agrees to waive all claims against the Professional resulting in any way from any unauthorized changes to or reuse of the electronic files for any other project by anyone other than the Professional.

OWNERSHIP OF INSTRUMENTS OF SERVICE. The Client acknowledges the Professional’s plans, specifications, and other documents, including electronic files, as the work papers of the Professional and the Professional’s instruments of professional service. Nevertheless, the final printed hard copy construction documents prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of all monies due to the Professional. The Client shall not reuse or make any modification to the construction documents without the prior written authorization of the Professional. The Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Professional, its officers, directors, employees and subconsultants (collectively, Professional) against any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the construction documents from or through the Client without the written authorization of the Professional. 13.1. Under no circumstances shall the transfer of said instruments of service be deemed a sale by the Professional, and the Professional makes no warranties, either express or implied, of merchantability and fitness for any particular purpose, nor shall such transfer be construed or regarded as any waiver or other relinquishment of the Professional’s copyrights in any of the foregoing, full ownership of which shall remain with the Professional, absent the Professional’s express prior written consent. 13.2. Should Professional agree to delivery of electronic files to Client, Client agrees, as a condition precedent, to sign Professional’s Electronic Media Transfer Agreement prior to said delivery and further agrees that such delivery is for convenience, not reliance by the receiving party. 13.3. The Client is aware that differences may exist between the electronic files delivered and the printed hard-hard- copy construction documents. In the event of a conflict between the signed construction documents prepared by the Professional and the electronic files, the signed or sealed hard-copy construction documents shall govern. 13.4. The Client agrees not to reuse these electronic files, in whole or in part, for any purpose other than for the Project. The Client agrees not to transfer any of the delivered electronic files to others without the prior written consent of the Professional. The Client further agrees to waive all claims against the Professional resulting in any way from any unauthorized changes to or reuse of the electronic files for any other project by anyone other than the Professional.

OWNERSHIP OF INSTRUMENTS OF SERVICE. The Client acknowledges the Professional’s plans, specifications, and other Consultant's documents, including electronic files, as the work papers of the Professional Consultant and the Professional’s Consultant's instruments of professional service. Nevertheless, the final printed hard copy construction documents prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of all monies due to the ProfessionalConsultant, the Client shall receive ownership of the final documents prepared under this Agreement. The Client shall not reuse or make any modification to the construction documents without the prior written authorization of the ProfessionalConsultant. The Client agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the ProfessionalConsultant, its officers, directors, employees and subconsultants (collectively, ProfessionalConsultant) against any damages, liabilities or costs, including reasonable attorneys’ ' fees and defense costs, arising from or allegedly arising from or in any way related to or connected with the unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the construction documents from or through the Client without the written authorization of the Professional. 13.1Consultant. Under no circumstances shall Timeliness of Performance: The Client and Consultant are aware that many factors outside the transfer of said instruments of service Consultant's control may affect the Consultant's ability to complete the services to be deemed a sale provided under this Agreement. The Consultant will perform these services with reasonable diligence and expediency consistent with sound professional practices. Unauthorized Changes to Plans: In the event the Client, the Client's contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to any reports, plans, specifications or other construction documents, including electronic files, prepared by the Professional, and Consultant without obtaining the Professional makes no warranties, either express or implied, of merchantability and fitness for any particular purpose, nor shall such transfer be construed or regarded as any waiver or other relinquishment of the Professional’s copyrights in any of the foregoing, full ownership of which shall remain with the Professional, absent the Professional’s express Consultant's prior written consent. 13.2. Should Professional agree to delivery of electronic files to Client, Client agrees, as a condition precedent, to sign Professional’s Electronic Media Transfer Agreement prior to said delivery and further agrees that such delivery is for convenience, not reliance by the receiving party. 13.3. The Client is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the Professional and the electronic files, the signed or sealed hard-copy construction documents Client shall govern. 13.4. The Client agrees not to reuse these electronic files, in whole or in part, for any purpose other than assume full responsibility for the Projectresults of such changes. The Therefore, the Client agrees not to transfer any of the delivered electronic files to others without the prior written consent of the Professional. The Client further agrees to waive all claims any claim against the Professional resulting in any way Consultant and to release the Consultant from any unauthorized changes to liability arising directly or reuse of the electronic files for any other project by anyone other than the Professional.indirectly from such changes. BASELINE OPTION DESCRIPTION: Architectural MEP