Title to Documents. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, equipment and other final work products compiled by the CONSULTANT under the contract shall be vested in HCAOG and CALTRANS, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of HCAOG. HCAOG shall indemnify, defend and hold CONSULTANT harmless against claims, losses, liabilities and costs (including reasonable attorney’s fees) arising out of the use of such documents, data, or materials by HCAOG or any party using them with the express written consent of HCAOG other than the CONSULTANT or the subcontractors of CONSULTANT acting pursuant to its direction. Such indemnification shall not apply where damages, liabilities, or costs are caused by the sole negligence or willful misconduct of CONSULTANT.
Appears in 5 contracts
Samples: Consultant Services Contract, Consultant Services Contract, Consultant Services Contract
Title to Documents. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions, equipment and other final work products compiled by the CONSULTANT under the contract shall be vested in HCAOG and CALTRANSHCAOG, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of HCAOG. HCAOG shall indemnify, defend and hold CONSULTANT harmless against claims, losses, liabilities and costs (including reasonable attorney’s fees) arising out of the use of such documents, data, or materials by HCAOG or any party using them with the express written consent of HCAOG other than the CONSULTANT or the subcontractors of CONSULTANT acting pursuant to its direction. Such indemnification shall not apply where damages, liabilities, or costs are caused by the sole negligence or willful misconduct of CONSULTANT.
Appears in 2 contracts
Samples: Consultant Services Contract, Consultant Services Contract