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No. 2918 approving/authorizing the execution of an addendum to the Master Agency Agreement (Regional Fire Training Center Project) 2918-11
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No. 2918 approving/authorizing the execution of an addendum to the Master Agency Agreement (Regional Fire Training Center Project) 2918-11
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10/18/2012 11:44:37 AM
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1/11/2012 12:52:28 PM
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A <br />4.3 Ownership and Reuse of Documents. The drawings and specifications are <br />instruments of service; and as such, the documents, tracings, and field notes <br />originating with the CONSULTANT are and remain the property of the <br />CONSULTANT whether the work for which they were prepared is executed or <br />not. Copies of the aforementioned documents shall be made available to the <br />OWNER, at the OWNER's request, upon project completion or in accordance <br />with Article 5. <br />All documents, including Drawings and Specifications prepared by <br />CONSULTANT pursuant to this Agreement, are instruments of service in respect <br />of the Project. They are not intended or represented to be suitable for reuse by <br />OWNER or others on extensions of the project or on any other project. Any <br />reuse without written verification or adaptation by CONSULTANT for the specific <br />purpose intended will be at OWNER's sole risk and without liability or legal <br />exposure to CONSULTANT, and OWNER shall indemnify and hold harmless <br />CONSULTANT from all claims, damages, losses and expenses including <br />attorneys' fees arising out of or resulting therefrom. Any such verification or <br />adaptation by the CONSULTANT will entitle CONSULTANT to further <br />compensation at rates to be agreed upon by OWNER and CONSULTANT. <br />CONSULTANT may use reproductions of the documents without restriction or <br />limitation on their use. <br />For documentation purposes, the original CADD diskette will be retained by the <br />CONSULTANT. A diskette containing the project drawings shall be made <br />available to the OWNER, at the OWNER's request, upon project completion or in <br />accordance with Article 5. Due to the potential that the information set forth on <br />the computer diskettes and /or magnetic tapes can be modified by the OWNER, <br />unintentionally or otherwise, the CONSULTANT reserves the right to remove all <br />indicia of its ownership and /or involvement from each electronic display. <br />Any such use or reuse by the OWNER and others, without written verification or <br />CADD adaptation by the CONSULTANT for the specific purpose intended will be <br />at the OWNER's sole risk and without liability or legal exposure to the <br />CONSULTANT. Furthermore, OWNER shall, to the fullest extent permitted by <br />law, indemnify and hold harmless the CONSULTANT from all claims, damages, <br />losses and expenses, including attorneys' fees arising out of or resulting <br />therefrom. Any such verification or adaptation will entitle the CONSULTANT to <br />further compensation at rates to be mutually agreed upon by the OWNER and <br />the CONSULTANT. <br />Page 4 of 7 <br />
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