PSA - Design Services for Southern Gateway Bridge Beautification Project - Ciorba Group, Inc.

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ll� i In A, OWNERSHIP OF INSTRUMENTS OF &ERVICIE - In accepting and utilizing any drawings, reports, documentation and other technical submissions (in any form including electronic media) generated and furnished by CIORBA, (CLIENT) agrees that these are aU instruments of service of CIORBA, who shaU be deemed the author, and shaU retain aU common haw, statutory haw and other rights, including copyrights. The (CLIENT) agrees not to reuse any drawings, reports, documentation and other technical submissions (in any form including electronic media), in whole or in part, for any purpose other than for the Project. The (CLIENT) agrees not to transfer the drawings, reports, documentation and other technical submissions (in any form including electronic media) to others without the prior written consent of CIORBA. The (CLIENT) further agrees to waive aU claims against CIORBA resufting in any way from any unauthorized changes to or reuse of any drawings, reports, documentation and other technical submissions (in any form including electronic media) for any other project by anyone other than CIORBA. In addition, the (CLIENT) agrees, to the fuUest extent permitted by haw, to indemnify and hold harmess CIORBA, its officers, directors, emp�oyees and subconsuftants against aU damages, HaMities or costs, including reasonable attorneys' fees and defense costs, arising from any changes made by anyone other than CIORBA or from any unauthorized reuse of any drawings, reports, documentation and other technical submissions (in any form including electronic media) without the prior written consent of CIORBA. Under no circumstances shaU delivery of any drawings, reports, documentation and other technical submissions (in any form including electronic media) for use by the (CLIENT) be deemed a safe by CIORBA, and CIORBA makes no warranties, either express or implied, of merchantabihty and fitness for any particular purpose. In no event shaU CIORBA be habe for indirect or consequential damages as a result of the (CLIENT'S) reuse of the any drawings, reports, documentation and other technical submissions (in any form including electronic media). �Nothing contained herein shaU create a contractual relationship with, or any rights in favor of, any third party, including any contractors, subcontractors, design professionals, or subsequent users. PAYMENT OF IFIEIES - AU fees are due and payable as specified herein. Fees wM be billed monthIy for services performed in the preceding month. PIE ITS AND APPROVALS - It is the responsibihty of the (CLIENT) to obtain aU necessary permits and approvals. CIORBA wiU assist the (CLIENT) as mutually agreed in writing as part of the Scope of Services. RIEJECTIOIN OF INOINCOINFORMIING WORK - CIORBA shaU have the authority, but not the responsibihty, to reject nonconforming work. CIORBA shaU bring any known non -conforming work to the attention of the (CLIENT) as soon as reasonably possible. RIGHT OF ACCBS - CIORBA shaU have access to the job site whenever work is in preparation or in progress. SUSREINSIOIN AND TMMIINATIOIN - This AGREEMENT may be terminated by the (CLIENT) upon giving notice in writing to CIORBA at his Iasi known post office address. In the event that this Page 2 of 3 OF111111 I 3/26/2020 CIIIarlu,.��