6B(2) Proposal for professional services (Coveleski Stadium)

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ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS AND TRANSFER OF ELECTRONIC DATA 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement. In the event of any reuse whatsoever of said documents by or through the Owner, the Owner hereby agrees to indemnify, defend and hold harmless the Architect from any and all claims, causes, damages, losses, liability and expenses, including but not limited to attorney's fees arising out of said use. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. 6.3 As a part of Basic Services, Architect will provide Owner Electronic Data in accordance with this Article 6.3. Electronic Data is defined as computer -aided design (CAD) files. Unless otherwise provided as a condition of this Agreement, Electronic Data remains the property of the Architect. 6.3.1 The Architect shall make Electronic Data available at specific Project milestones which are at the end of Schematic Design Phase, the end of Design Development Phase, the end of the Construction Document Phase and at the time construction bid packages are issued. It is anticipated the Architect will provide the Owner this information via an electronic transfer at the above milestone dates. The Architect does not anticipate distributing the Electronic Data to third parties. However, the Owner may distribute the information in accordance with this Agreement. If Electronic Data is needed in addition to the specific Project milestones listed above, the Architect shall be compensated as an Additional Service. 6.3.2 The Electronic Data will be provided in an original format produced by Architect. The specific Electronic Data and format to be transferred is at the sole discretion of Architect. The means by which the Electronic Data is transferred may include but are not limited to, electronic mail, File Transfer Protocol (FTP) sites, project websites, and disk copies transmitted between the parties in this Agreement. 6.3.3 Owner acknowledges that Electronic Data transferred in any manner or translated from the system and format used by Architect to an alternate system or format is subject to errors that may affect the accuracy and reliability of the data and that the data may be altered, whether inadvertently or otherwise. Accordingly, Architect makes no warranty, express or implied, as to the accuracy of the information transferred. The Electronic Data are not the Construction Documents and differences may exist between these electronic files and corresponding hard -copy Construction Documents. Architect reserves the right to retain hard copy originals in addition to electronic copies of the Electronic Data transferred, which originals shall be referred to and shall govern. 6.3.4 As consideration to Architect for the transfer of the Electronic Data, Owner agrees that Architect shall not be liable for and hereby waive all claims and agree to indemnify and hold Architect harmless from all liabilities, losses, damages or expenses (including attorneys' fees) arising out of, or connected with: (1) the Owner's transfer of Electronic Data by any means; or (2) the use, modification or misuse by parties other than Architect of the Electronic Data; or (3) the limited life expectancy and decline of accuracy or readability of the Electronic Data due to storage; (4) any use of the Electronic Data by any third parties 13 of 19