Common use of CAD DRAWINGS, COMPUTER SOFTWARE AND DATA Clause in Contracts

CAD DRAWINGS, COMPUTER SOFTWARE AND DATA. 4.1 Unless otherwise expressly provided in the Agreement and initialled by PEDB at the time of execution of the Agreement, the provision to NEWCO by PEDB of any computer software, computer data, CAD drawings or computer hardware (the "Electronic Information"), including providing same by or through electronic media such as disk or tape or by or through electronic transfer, shall be provided subject to the following terms and conditions and express limitations of liability: 4.1. 1Electronic Information provided by PEDB will be in the format used by PEDB. PEDB does not warrant compatibility with any computer or any other electronic equipment of NEWCO and PEDB shall not be required to amend or vary the files to accommodate or take into account any incompatibility between the files and the software or hardware used by NEWCO. 4.1. 2PEDB shall not be responsible for making the Electronic Information compatible with any existing or future computer or electronic equipment of NEWCO. Further, PEDB shall not be responsible nor have any liability whatsoever to update any of the Electronic Information in future. 4.1. 3The Electronic Information is provided solely for use in the Project and for no other use or purpose. 4.1. 4All copyright and intellectual property rights in and to the Electronic Information shall, as between NEWCO and PEDB, remain the property of PEDB. 4.1. 5PEDB is not responsible for the accuracy of the CAD files and does not represent or warrant that the CAD files contain the latest versions of, or revisions to, the drawings. Further, PEDB does not represent or warrant that the CAD files contain the same information as, or are identical to, the printed versions of the drawings issued to NEWCO or to any Contractor. NEWCO acknowledges, understands and agrees that there may be differences between drawings provided to NEWCO or Contractors in print and the information contained in the CAD files, even if they are apparently identified by the same revision number. 4.1. 6The recipient of any Electronic Information from PEDB shall be solely responsible for verifying that the CAD files received from PEDB represent drawings identical to the drawings that they receive or have received from PEDB and that the CAD files may represent different versions or variations of the same drawings. The recipient of any Electronic Information shall be solely responsible for ensuring all revisions to drawings by PEDB made subsequent to the version represented by the CAD files provided by PEDB are incorporated into the CAD files which were received, as well as all drawings and files that the recipient has created based on or using those original CAD files. 4.1. 7In the event of any conflict or inconsistency between any drawing issued in print by PEDB and any CAD file, the drawing issued in print shall govern.

CAD DRAWINGS, COMPUTER SOFTWARE AND DATA. 4.1 Unless otherwise expressly provided in the Agreement and initialled by PEDB at the time of execution of the Agreement, the provision to NEWCO by PEDB of any computer software, computer data, CAD drawings or computer hardware (the "Electronic Information"), including providing same by or through electronic media such as disk or tape or by or through electronic transfer, shall be provided subject to the following terms and conditions and express limitations of liability: 4.1. 1Electronic Information provided by PEDB will be in the format used by PEDB. PEDB does not warrant compatibility with any computer or any other electronic equipment of NEWCO and PEDB shall not be required to amend or vary the files to accommodate or take into account any incompatibility between the files and the software or hardware used by NEWCO. 4.1. 2PEDB shall not be responsible for making the Electronic Information compatible with any existing or future computer or electronic equipment of NEWCO. Further, PEDB shall not be responsible nor have any liability whatsoever to update any of the Electronic Information in future. 4.1. 3The Electronic Information is provided solely for use in the Project and for no other use or purpose. 4.1. 4All copyright and intellectual property rights in and to the Electronic Information shall, as between NEWCO and PEDB, remain the property of PEDB. 4.1. 5PEDB is not responsible for the accuracy of the CAD files and does not represent or warrant that the CAD files contain the latest versions of, or revisions to, the drawings. Further, PEDB does not represent or warrant that the CAD files contain the same information as, or are identical to, the printed versions of the drawings issued to NEWCO or to any Contractor. NEWCO acknowledges, understands and agrees that there may be differences between drawings provided to NEWCO or Contractors in print and the information contained in the CAD files, even if they are apparently identified by the same revision number. 4.1. 6The recipient of any Electronic Information from PEDB shall be solely responsible for verifying that the CAD files received from PEDB represent drawings identical to the drawings that they receive or have received from PEDB and that the CAD files may represent different versions or variations of the same drawings. The recipient of any Electronic Information shall be solely responsible for ensuring all revisions to drawings by PEDB made subsequent to the version represented by the CAD files provided by PEDB are incorporated into the CAD files which were received, as well as all drawings and files that the recipient has created based on or using those original CAD files. 4.1. 7In the event of any conflict or inconsistency between any drawing issued in print by PEDB and any CAD file, the drawing issued in print shall govern.