Common use of Specifications and Other Documents Clause in Contracts

Specifications and Other Documents. Drawings, specifications and other documents, including those in electronic form, prepared by or on behalf of Consultant are instruments of service for District’s use with respect to the Project. Consultant will be deemed the author and owner of the instruments of service and may retain all common law, statutory and other reserved rights, including copyrights. Consultant grants to District a nonexclusive, irrevocable, and perpetual license to use and reproduce Consultant’s instruments of service for purposes of constructing, using, and maintaining the Project. Consultant will obtain similar nonexclusive, irrevocable, and perpetual licenses from Consultant’s subconsultants consistent with this Contract. All copies, including those in electronic form, of drawings, specifications, or other instruments of service provided to and retained by District under this Contract will be the property of District, and District may use them without Consultant’s further authorization for any proper purpose relating to the Project, including but not limited to additions to or completion of the Project. Submission or distribution of instruments of service to meet official regulatory requirements or for similar purposes in connection with the Project does not constitute a publication in derogation of Consultant’s reserved rights. If and upon the date Consultant is in default of this Contract, the foregoing license shall be supplemented by a second, nonexclusive license permitting District to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the instruments of service solely for purposes of completing, using, and maintaining the Project. Notwithstanding any other provision of this Article 4, instruments of service may be continuously used for construction of the Project until the Project is complete, regardless of any dispute between the parties, including without limitation any dispute for payment. Consultant is not responsible for changes or alterations to instruments of service made by others without Consultant’s knowledge and authorization. Any unauthorized use of the instruments of service will be at the user’s sole risk and without liability to Consultant. District's use or distribution of the instruments of service for any purpose other than a purpose authorized under this Contract will be at District's risk and to the fullest extent permitted by law, District agrees to indemnify and hold harmless Consultant, its principals, employees and consultants from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees, for personal injury or death or damages to property, to the extent arising out of or resulting from District’s unauthorized use of the instruments of service. Consultant shall maintain complete and accurate records of all services performed and all documents produced under this Contract for a period of five (5) years after completion or abandonment of the Project. Such records shall be made available to District, in full, upon reasonable notice. Following the termination of this Contract, for any reason whatsoever, Consultant shall promptly deliver to District, upon written request and at no cost to District, all Project records, including all administrative documents produced, compiled, or maintained by Consultant as a part of the Services provided for the Project, which are and will remain District’s property and which District may utilize in any way permitted by law, including the following: One reproducible hard copy set of the construction, permit, and as-built documents, including the bidding requirements, specifications, and cost estimates for the Project; One set of fixed image CAD files of the drawings that comprise the construction, permit, and as-built documents; One set of non-fixed image CAD drawing files of the site plans, floor plans (architectural, plumbing, structural mechanical and electrical), roof plans, sections and exterior elevations of the Project; and All final or draft, studies, reports, calculations, drawings, maps, models, photographs, technology data and documents prepared by Consultant under this Contract. Consultant will provide complete copies of any such documents to District upon District’s written request.

Specifications and Other Documents. Drawings, specifications and other documents, including those in electronic form, prepared by or on behalf of Consultant are instruments of service for District’s use with respect to the Project. Consultant will be deemed the author and owner of the instruments of service and may retain all common law, statutory and other reserved rights, including copyrights. Consultant grants to District a nonexclusive, irrevocable, and perpetual license to use and reproduce Consultant’s instruments of service for purposes of constructing, using, and maintaining the Project. Consultant will obtain similar nonexclusive, irrevocable, and perpetual licenses from Consultant’s subconsultants consistent with this Contract. All copies, including those in electronic form, of drawings, specifications, or other instruments of service provided to and retained by District under this Contract will be the property of District, and District may use them without Consultant’s further authorization for any proper purpose relating to the Project, including but not limited to additions to or completion of the Project. Submission or distribution of instruments of service to meet official regulatory requirements or for similar purposes in connection with the Project does not constitute a publication in derogation of Consultant’s reserved rights. If and upon the date Consultant is in default of this Contract, the foregoing license shall be supplemented by a second, nonexclusive license permitting District to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections, or additions to the instruments of service solely for purposes of completing, using, and maintaining the Project. Notwithstanding any other provision of this Article 4, instruments of service may be continuously used for construction of the Project until the Project is complete, regardless of any dispute between the parties, including without limitation any dispute for payment. Consultant is not responsible for changes or alterations to instruments of service made by others without Consultant’s knowledge and authorization. Any unauthorized use of the instruments of service will be at the user’s sole risk and without liability to Consultant. District's use or distribution of the instruments of service documents for any purpose other than a purpose authorized under this Contract will be at District's risk and to the fullest extent permitted by law, District agrees to indemnify and hold harmless Consultant, its principals, employees and consultants from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees, for personal injury or death or damages to property, to the extent arising out of or resulting from District’s unauthorized use of the instruments of service. Consultant shall maintain complete and accurate records of all services performed and all documents produced under this Contract for a period of five (5) years after completion or abandonment of the Project. Such records shall be made available to District, in full, upon reasonable notice. Following the termination of this Contract, for any reason whatsoever, Consultant shall promptly deliver to District, upon written request and at no cost to District, all Project records, including all administrative documents produced, compiled, or maintained by Consultant as a part of the Services provided for the Project, which are and will remain District’s property and which District may utilize in any way permitted by law, including the following: One reproducible hard copy set of the construction, permit, and as-built documents, including the bidding requirements, specifications, and cost estimates for the Project; One set of fixed image CAD files of the drawings that comprise the construction, permit, and as-built documents; One set of non-fixed image CAD drawing files of the site plans, floor plans (architectural, plumbing, structural mechanical and electrical), roof plans, sections and exterior elevations of the Project; and All final or draft, studies, reports, calculations, drawings, maps, models, photographs, technology data and documents prepared by Consultant under this Contract. Consultant will provide complete copies of any such documents to District upon District’s written request.