Use and Ownership. All reports, tables, figures, drawings, specifications, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by the ENGINEER as instruments of service, shall remain the property of the ENGINEER. The OWNER shall be entitled to copies or reproducible sets of any of the aforesaid. The ENGINEER will retain all pertinent records relating to the services performed for a period of five (5) years following performance of work, during which period the records will be made available to the OWNER at all reasonable times. The ENGINEER agrees that the OWNER is not required to use any plan, report, drawing, specifications, advice, map, document or study prepared by the ENGINEER and the ENGINEER waives all right of redress against the OWNER if the OWNER does not utilize same. Any modification, amendment, misuse of any of the ENGINEER's work by the OWNER or actions that disregard the ENGINEER's recommendations to the OWNER shall release the ENGINEER from any and all liability in connection with such work modified, amended or misused thereafter and the OWNER shall not use the ENGINEER's name thereon without the expressed approval of the ENGINEER.
Appears in 12 contracts
Samples: Agreement Between Owner and Engineer, Agreement Between Owner and Engineer, Agreement Between Owner and Engineer
Use and Ownership. All reports, tables, figures, drawings, specifications, boring logs, field data, field notes, laboratory test data, calculations, estimates estimates, and other documents prepared by the ENGINEER as instruments of service, shall remain the property of the ENGINEER. The OWNER shall be entitled to copies or reproducible sets of any of the aforesaid. The ENGINEER will retain all pertinent records relating to the services performed for a period of five (5) years following performance of work, during which period the records will be made available to the OWNER at all reasonable times. The ENGINEER agrees that the OWNER is not required to use any plan, report, drawing, specifications, advice, map, document document, or study prepared by the ENGINEER and the ENGINEER waives all right of redress against the OWNER if the OWNER does not utilize same. Any modification, amendment, misuse of any of the ENGINEER's work by the OWNER or actions that disregard the ENGINEER's recommendations to the OWNER shall release the ENGINEER from any and all liability in connection with such work modified, amended amended, or misused thereafter and the OWNER shall not use the ENGINEER's name thereon without the expressed approval of the ENGINEER.
Appears in 1 contract
Samples: Agreement Between Owner and Engineer
Use and Ownership. All reports, tables, figures, drawings, specifications, boring logs, field data, field notes, laboratory test data, calculations, estimates estimates, and other documents prepared by the ENGINEER as instruments of service, shall remain the property of the ENGINEER. The OWNER shall be entitled to copies or reproducible sets of any of the aforesaidpreviously mentioned. The ENGINEER will retain all pertinent records relating to the services performed for a period of five (5) years following performance of work, during which period the records will be made available to the OWNER at all reasonable times. The ENGINEER agrees that the OWNER is not required to use any plan, report, drawing, specifications, advice, map, document document, or study prepared by the ENGINEER and the ENGINEER waives all right of redress against the OWNER if the OWNER does not utilize same. Any modification, amendment, misuse of any of the ENGINEER's work by the OWNER or actions that disregard the ENGINEER's recommendations to the OWNER shall release the ENGINEER from any and all liability in connection with such work modified, amended amended, or misused thereafter and the OWNER shall not use the ENGINEER's name thereon without the expressed approval of the ENGINEER.
Appears in 1 contract
Samples: Agreement Between Owner and Engineer