USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as “Engineering Work Products”) prepared by Engineer and its subcontractors/subconsultants are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer’s designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to Engineer. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer without cost to County. Upon execution of this Contract, Engineer grants to County permission to reproduce Engineer’s work and documents for purposes of constructing, using and maintaining the Project, provided that County shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer’s subcontractors/subconsultants consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of Engineer. However, County shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Work Products shall be at County's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to County any Engineering Work Products in electronic form or County providing to Engineer any electronic data for incorporation into the Engineering Work Products, County and Engineer shall by separate written contract set forth the specific conditions governing the format of such Engineering Work Products or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of County, and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 48 contracts
Samples: Contract for Engineering Services, Contract for Engineering Services, Contract for Engineering Services
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications specifications, and data or programs stored electronically, (hereinafter referred to as “Engineering A/E Work Products”) prepared by Engineer A/E and its subcontractors/subcontractors/ subconsultants are related exclusively to the services described in this Contract Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of EngineerA/E’s designs under this Contract Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to Engineer. A/E. By execution of this Contract Agreement and in confirmation of the fee for services to be paid under this ContractAgreement, Engineer A/E hereby conveys, transfers transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product Work Product developed under this ContractAgreement. Copies may be retained by Engineer. Engineer A/E. A/E shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer A/E or anyone connected with EngineerA/E, including agents, employees, Engineers or subcontractors/subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer A/E without cost to County. Upon execution of this ContractAgreement, Engineer A/E grants to County permission to reproduce EngineerA/E’s work and documents for purposes of constructing, using using, and maintaining the Project, provided that County shall will comply with its obligations, including prompt payment of all sums when due, under this ContractAgreement. Engineer A/E shall obtain similar permission from EngineerA/E’s subcontractors/subcontractors/ subconsultants consistent with this ContractAgreement. If and upon the date Engineer A/E is adjudged in default of this ContractAgreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections corrections, or additions to the work and documents for the purposes of completing, using using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of Engineer. A/E. However, County shall be permitted to authorize the contractor, subcontractors subcontractors, and material or equipment suppliers to reproduce applicable portions of the Engineering A/E Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering A/E Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering A/E Work Products shall be at County's sole risk and without liability to Engineer A/E and its Engineerssubconsultants. Prior to Engineer A/E providing to County any Engineering A/E Work Products in electronic form or County providing to Engineer A/E any electronic data for incorporation into the Engineering A/E Work Products, County and Engineer shall A/E shall, by separate written contract agreement, set forth the specific conditions governing the format of such Engineering A/E Work Products or electronic data, including any special limitations not otherwise provided in this ContractAgreement. Any electronic files are provided by Engineer A/E for the convenience of County, County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by EngineerA/E, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer A/E shall be relied upon. Engineer A/E shall have no liability for changes made to the drawings by other engineers consultants subsequent to the completion of the Project. Any such change shall be sealed by the engineer A/E making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 41 contracts
Samples: Design & Engineering Services Agreement, Planning, Design & Engineering Services Agreement, Design & Engineering Services Agreement
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as “Engineering Work Products”) prepared by Engineer and its subcontractors/subconsultants are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer’s designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County County, without written verification or adaptation by Engineer for the specific purpose intended, shall be at County’s sole risk and without liability to Engineer. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer without cost to County. Upon execution of this Contract, Engineer grants to County permission to reproduce Engineer’s work and documents for purposes of constructing, using and maintaining the Project, provided that County shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer’s subcontractors/subconsultants consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of Engineer. However, County shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Work Products shall be at County's sole risk and without liability to Engineer and its Engineers. Prior The parties shall mutually agree to Engineer providing to County any Engineering Work Products in an electronic form or County providing to Engineer any electronic data format for incorporation into the Engineering Work Products, County and Engineer shall by separate written contract set forth the specific conditions governing the format of such Engineering Work Products or electronic other data, including any special limitations not otherwise provided in this Contract, prior to any such Engineering Work Products or data being submitted electronically by either party to the other party. Any Upon such agreement between the parties, Engineering Work Products or other data provided in the agreed upon electronic files are provided format may be relied upon by Engineer for the convenience of County, and use of them is at County’s sole riskreceiving party. In the case of any defects in event the parties cannot agree on an acceptable electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineerformat, the hardcopy shall prevail. Only only printed copies of documents conveyed by Engineer a party shall be relied uponupon by the receiving party. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 35 contracts
Samples: Contract for Engineering Services, Contract for Engineering Services, Contract for Engineering Services
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as “Engineering Surveying Work Products”) prepared by Engineer Surveyor and its subcontractors/subconsultants are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer’s designs Surveying Work Products under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), Surveying Work Products shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County County, without written verification or adaptation by Surveyor for the specific purpose intended, shall be at County’s sole risk and without liability to EngineerSurveyor. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer Surveyor hereby conveys, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product Surveying Work Products developed under this Contract. Copies may be retained by EngineerSurveyor. Engineer Surveyor shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer Surveyor or anyone connected with EngineerSurveyor, including agents, employees, Engineers Surveyors or subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer Surveyor without cost to County. Upon execution of this Contract, Engineer Surveyor grants to County permission to reproduce EngineerSurveyor’s work and documents for purposes of constructing, using and maintaining the Project, provided that County shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer Surveyor shall obtain similar permission from EngineerSurveyor’s subcontractors/subconsultants consistent with this Contract. If and upon the date Engineer Surveyor is adjudged in default of this Contract, County is permitted to authorize other similarly credentialed design surveying professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of EngineerSurveyor. However, County shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Engineering Surveying Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering Surveying Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Surveying Work Products shall be at County's sole risk and without liability to Engineer Surveyor and its EngineersSurveyors. Prior The parties shall mutually agree to Engineer providing to County any Engineering Work Products in an electronic form or County providing to Engineer any electronic data format for incorporation into the Engineering Work Products, County and Engineer shall by separate written contract set forth the specific conditions governing the format of such Engineering Surveying Work Products or electronic other data, including any special limitations not otherwise provided in this Contract, prior to any such Surveying Work Products or data being submitted electronically by either party to the other party. Any Upon such agreement between the parties, Surveying Work Products or other data provided in the agreed upon electronic files are provided format may be relied upon by Engineer for the convenience of County, and use of them is at County’s sole riskreceiving party. In the case of any defects in event the parties cannot agree on an acceptable electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineerformat, the hardcopy shall prevail. Only only printed copies of documents conveyed by Engineer a party shall be relied uponupon by the receiving party. Engineer Surveyor shall have no liability for changes made to the drawings Surveying Work Products by other engineers surveyors subsequent to the completion of the Project. Any such change shall be sealed by the engineer surveyor making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 12 contracts
Samples: Contract for Surveying Services, Contract for Surveying Services, Contract for Surveying Services
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications specifications, and data or programs stored electronically, (hereinafter referred to as “Engineering Test Engineer Work Products”) prepared by Test Engineer and its subcontractors/subcontractors/ subconsultants are related exclusively to the services described in this Contract Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Test Engineer’s designs under this Contract Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to Test Engineer. By execution of this Contract Agreement and in confirmation of the fee for services to be paid under this ContractAgreement, Test Engineer hereby conveys, transfers transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product Work Product developed under this ContractAgreement. Copies may be retained by Test Engineer. Test Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Test Engineer or anyone connected with Test Engineer, including agents, employees, Engineers or subcontractors/subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by Test Engineer without cost to County. Upon execution of this ContractAgreement, Test Engineer grants to County permission to reproduce Test Engineer’s work and documents for purposes of constructing, using using, and maintaining the Project, provided that County shall will comply with its obligations, including prompt payment of all sums when due, under this ContractAgreement. Test Engineer shall obtain similar permission from Test Engineer’s subcontractors/subcontractors/ subconsultants consistent with this ContractAgreement. If and upon the date Test Engineer is adjudged in default of this ContractAgreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections corrections, or additions to the work and documents for the purposes of completing, using using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of Test Engineer. However, County shall be permitted to authorize the contractor, subcontractors subcontractors, and material or equipment suppliers to reproduce applicable portions of the Engineering Test Engineer Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering Test Engineer Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Test Engineer Work Products shall be at County's sole risk and without liability to Test Engineer and its Engineerssubconsultants. Prior to Test Engineer providing to County any Engineering Test Engineer Work Products in electronic form or County providing to Test Engineer any electronic data for incorporation into the Engineering Test Engineer Work Products, County and Test Engineer shall shall, by separate written contract agreement, set forth the specific conditions governing the format of such Engineering Test Engineer Work Products or electronic data, including any special limitations not otherwise provided in this ContractAgreement. Any electronic files are provided by Test Engineer for the convenience of County, County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Test Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Test Engineer shall be relied upon. Test Engineer shall have no liability for changes made to the drawings by other engineers consultants subsequent to the completion of the Project. Any such change shall be sealed by the engineer Test Engineer making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 5 contracts
Samples: Construction Materials Test Engineering Agreement, Geotechnical / Construction Materials Test Engineering Services Agreement, Geotechnical / Construction Materials Test Engineering Services Agreement
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as “Engineering Work Products”) prepared by Engineer Firm and its subcontractors/subconsultants are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer’s designs Work Products under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County County, without written verification or adaptation by Firm for the specific purpose intended, shall be at County’s sole risk and without liability to EngineerFirm. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer Firm hereby conveys, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product Work Products developed under this Contract. Copies may be retained by EngineerFirm. Engineer Firm shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer Firm or anyone connected with EngineerFirm, including agents, employees, Engineers Firms or subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer Firm without cost to County. Upon execution of this Contract, Engineer Firm grants to County permission to reproduce EngineerFirm’s work and documents for purposes of constructing, using and maintaining the Project, provided that County shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer Firm shall obtain similar permission from EngineerFirm’s subcontractors/subconsultants consistent with this Contract. If and upon the date Engineer Firm is adjudged in default of this Contract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of EngineerFirm. However, County shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Work Products shall be at County's sole risk and without liability to Engineer Firm and its EngineersFirms. Prior The parties shall mutually agree to Engineer providing to County any Engineering Work Products in an electronic form or County providing to Engineer any electronic data format for incorporation into the Engineering Work Products, County and Engineer shall by separate written contract set forth the specific conditions governing the format of such Engineering Environmental Work Products or electronic other data, including any special limitations not otherwise provided in this Contract, prior to any such Environmental Work Products or data being submitted electronically by either party to the other party. Any Upon such agreement between the parties, Environmental Work Products or other data provided in the agreed upon electronic files are provided format may be relied upon by Engineer for the convenience of County, and use of them is at County’s sole riskreceiving party. In the case of any defects in event the parties cannot agree on an acceptable electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineerformat, the hardcopy shall prevail. Only only printed copies of documents conveyed by Engineer a party shall be relied uponupon by the receiving party. Engineer Firm shall have no liability for changes made to the drawings Work Products by other engineers Firms subsequent to the completion of the Project. Any such change shall be sealed by the engineer Firm making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 5 contracts
Samples: Contract for Environmental Services, Contract for Environmental Services, Contract for Environmental Services
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as “Engineering Engineering Work Products”Products) prepared by Engineer and its subcontractors/subconsultants are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer’s Engineers designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s Countys sole risk and without liability to Engineer. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer without cost to County. Upon execution of this Contract, Engineer grants to County permission to reproduce Engineer’s Engineers work and documents for purposes of constructing, using and maintaining the Project, provided that County shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer’s Engineers subcontractors/subconsultants consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of Engineer. However, County shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Work Products shall be at County's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to County any Engineering Work Products in electronic form or County providing to Engineer any electronic data for incorporation into the Engineering Work Products, County and Engineer shall by separate written contract set forth the specific conditions governing the format of such Engineering Work Products or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of County, and use of them is at County’s Countys sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 3 contracts
Samples: Contract for Engineering Services, Contract for Engineering Services, Contract for Engineering Services
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as “Engineering Surveying Work Products”) prepared by Engineer Surveyor and its subcontractors/subconsultants are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer’s designs Surveying Work Products under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), Surveying Work Products shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to EngineerSurveyor. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer Surveyor hereby conveys, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product Surveying Work Products developed under this Contract. Copies may be retained by EngineerSurveyor. Engineer Surveyor shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer Surveyor or anyone connected with EngineerSurveyor, including agents, employees, Engineers Surveyors or subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer Surveyor without cost to County. Upon execution of this Contract, Engineer Surveyor grants to County permission to reproduce EngineerSurveyor’s work and documents for purposes of constructing, using and maintaining the Project, provided that County shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer Surveyor shall obtain similar permission from EngineerSurveyor’s subcontractors/subconsultants consistent with this Contract. If and upon the date Engineer Surveyor is adjudged in default of this Contract, County is permitted to authorize other similarly credentialed design surveying professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of EngineerSurveyor. However, County shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Engineering Surveying Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering Surveying Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Surveying Work Products shall be at County's sole risk and without liability to Engineer Surveyor and its EngineersSurveyors. Prior to Engineer Surveyor providing to County any Engineering Surveying Work Products in electronic form or County providing to Engineer Surveyor any electronic data for incorporation into the Engineering Surveying Work Products, County and Engineer Surveyor shall by separate written contract set forth the specific conditions governing the format of such Engineering Surveying Work Products or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer Surveyor for the convenience of County, and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by EngineerSurveyor, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer Surveyor shall be relied upon. Engineer Surveyor shall have no liability for changes made to the drawings Surveying Work Products by other engineers surveyors subsequent to the completion of the Project. Any such change shall be sealed by the engineer surveyor making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 2 contracts
Samples: Contract for Surveying Services, Contract for Surveying Services
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications specifications, and data or programs stored electronically, (hereinafter referred to as “Engineering PMRI Work Products”) prepared by Engineer PMRI and its subcontractors/subcontractors/ subconsultants are related exclusively to the services described in this Contract Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of EngineerPMRI’s designs under this Contract Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to EngineerPMRI. By execution of this Contract Agreement and in confirmation of the fee for services to be paid under this ContractAgreement, Engineer PMRI hereby conveys, transfers transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product Work Product developed under this ContractAgreement. Copies may be retained by EngineerPMRI. Engineer PMRI shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer PMRI or anyone connected with EngineerPMRI, including agents, employees, Engineers or subcontractors/subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer PMRI without cost to County. Upon execution of this ContractAgreement, Engineer PMRI grants to County permission to reproduce EngineerPMRI’s work and documents for purposes of constructing, using using, and maintaining the Project, provided that County shall will comply with its obligations, including prompt payment of all sums when due, under this ContractAgreement. Engineer PMRI shall obtain similar permission from EngineerPMRI’s subcontractors/subcontractors/ subconsultants consistent with this ContractAgreement. If and upon the date Engineer PMRI is adjudged in default of this ContractAgreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections corrections, or additions to the work and documents for the purposes of completing, using using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of EngineerPMRI. However, County shall be permitted to authorize the contractor, subcontractors subcontractors, and material or equipment suppliers to reproduce applicable portions of the Engineering PMRI Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering PMRI Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering PMRI Work Products shall be at County's sole risk and without liability to Engineer PMRI and its Engineerssubconsultants. Prior to Engineer PMRI providing to County any Engineering PMRI Work Products in electronic form or County providing to Engineer PMRI any electronic data for incorporation into the Engineering PMRI Work Products, County and Engineer shall PMRI shall, by separate written contract agreement, set forth the specific conditions governing the format of such Engineering PMRI Work Products or electronic data, including any special limitations not otherwise provided in this ContractAgreement. Any electronic files are provided by Engineer PMRI for the convenience of County, County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by EngineerPMRI, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer PMRI shall be relied upon. Engineer PMRI shall have no liability for changes made to the drawings by other engineers consultants subsequent to the completion of the Project. Any such change shall be sealed by the engineer PMRI making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 1 contract
Samples: Project Management, Plan Review & Building Inspection Services Agreement
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as “Engineering Work Products”) prepared by Products Engineer and its subcontractors/subconsultants are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer’s designs under this pa Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to EngineerCounty . By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer without cost to County. Upon execution of this Contract, Engineer grants to County permission to reproduce Engineer’s work and documents for purposes of constructing, using g and maintaining the Project, provided that County shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer’s Contract subcontractors/subconsultants consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of Engineer. However, County shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Work Products shall be at County's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to County any Engineering Work Products in electronic form or County providing to Engineer any electronic data for incorporation into the Engineering Work Products, County and Engineer shall by separate written contract set forth the specific conditions governing the format of such Engineering Work Products or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of County, and use of them is at County’s sole risk. In the case of any County y defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 1 contract
Samples: Contract for Engineering Services
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as “Engineering Work Products”) prepared by Products Engineer and its subcontractors/subconsultants are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer’s designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to EngineerCounty . By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer without cost to County. Upon execution of this Contract, Engineer grants to County permission to reproduce Engineer’s work and documents for purposes of constructing, using and maintaining the Project, provided that County shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer’s subcontractors/subconsultants consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent of Engineer. However, County shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Engineering Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Work Products shall be at County's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to County any Engineering Work Products in electronic form or County providing to Engineer any electronic data for incorporation into the Engineering Work Products, County and Engineer shall by separate written contract set forth the specific conditions governing the format of such Engineering Work Products or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of County, and use of them is at County’s sole risk. In the case of any defects County in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 1 contract
Samples: Contract for Engineering Services
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as “Engineering Work Products”) prepared by Engineer and its subcontractors/subconsultants are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer’s designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to Engineer. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors/subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer without cost to County. Upon execution of this Contract, Engineer grants to County permission to reproduce Engineer’s work and documents for purposes of constructing, using and maintaining the Project, provided that County shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer’s subcontractors/subconsultants consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. County shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written consent contract of Engineer. However, County shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Engineering Work Products appropriate to and for use in the their execution of the Work. Submission or distribution of Engineering Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering Work Products shall be at County's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to County any Engineering Work Products in electronic form or County providing to Engineer any electronic data for incorporation into the Engineering Work Products, County and Engineer shall by separate written contract set forth the specific conditions governing the format of such Engineering Work Products or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of County, and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 1 contract
Samples: Contract for Engineering Services
USE OF DOCUMENTS. All documents, including but not limited to drawings, specifications specifications, and data or programs stored electronically, (hereinafter referred to as “Engineering PMRIC Work Products”) prepared by Engineer PMRIC and its subcontractors/subcontractors/ subconsultants are related exclusively to the services described in this Contract Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of EngineerPMRIC’s designs under this Contract Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of County to be thereafter used in any lawful manner as County elects. Any such subsequent use made of documents by County shall be at County’s sole risk and without liability to EngineerPMRIC. By execution of this Contract Agreement and in confirmation of the fee for services to be paid under this ContractAgreement, Engineer PMRIC hereby conveys, transfers transfers, and assigns to County all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project Designs and work product Work Product developed under this ContractAgreement. Copies may be retained by EngineerPMRIC. Engineer PMRIC shall be liable to County for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer PMRIC or anyone connected with EngineerPMRIC, including agents, employees, Engineers or subcontractors/subcontractors/ subconsultants. All documents so lost or damaged shall be replaced or restored by Engineer PMRIC without cost to County. Upon execution of this ContractAgreement, Engineer PMRIC grants to County permission to reproduce EngineerXXXXX’s work and documents for purposes of constructing, using using, and maintaining the Project, provided that County shall will comply with its obligations, including prompt payment of all sums when due, under this ContractAgreement. Engineer PMRIC shall obtain similar permission from EngineerPMRIC’s subcontractors/subcontractors/ subconsultants consistent with this ContractAgreement. If and upon the date Engineer PMRIC is adjudged in default of this ContractAgreement, County is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections corrections, or additions to the work and documents for the purposes of completing, using using, and maintaining the Project. County shall not assign, delegate, sublicense, pledge pledge, or otherwise transfer any permission granted herein to another party without the prior written consent of EngineerPMRIC. However, County shall be permitted to authorize the contractor, subcontractors subcontractors, and material or equipment suppliers to reproduce applicable portions of the Engineering PMRIC Work Products appropriate to and for use in the execution of the Work. Submission or distribution of Engineering PMRIC Work Products to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Engineering PMRIC Work Products shall be at County's sole risk and without liability to Engineer PMRIC and its Engineerssubconsultants. Prior to Engineer PMRIC providing to County any Engineering PMRIC Work Products in electronic form or County providing to Engineer PMRIC any electronic data for incorporation into the Engineering PMRIC Work Products, County and Engineer shall PMRIC shall, by separate written contract agreement, set forth the specific conditions governing the format of such Engineering PMRIC Work Products or electronic data, including any special limitations not otherwise provided in this ContractAgreement. Any electronic files are provided by Engineer PMRIC for the convenience of County, County and use of them is at County’s sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by EngineerPMRIC, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer PMRIC shall be relied upon. Engineer PMRIC shall have no liability for changes made to the drawings by other engineers consultants subsequent to the completion of the Project. Any such change shall be sealed by the engineer PMRIC making that change and shall be appropriately marked to reflect what was changed or modified.
Appears in 1 contract
Samples: Project Management Agreement