Common use of Deliverable Material Clause in Contracts

Deliverable Material. As the ICI Design/Build Work progresses (or upon the termination of the Company's right to perform the ICI Design/Build Work), the Company shall deliver to the Borough all documen ts, reports, subm ittals and other materials ("Deliverable Material") required to be delivered under Appendices 4 and 5. The provisions of Section 16.2 shall apply to any Deliverable Material used by the Compan y in the ICI Design/Build Work. The Borough shall have the right from and after the Contract Date to use (or permit use of) all such Deliverable Material, all oral information received by the Borough in connection with the ICI Design/Build Work, and all ideas or methods represented by such Deliverable Material without additional compen sation for any other public purpose in connection with w astewater collection and treatment by the Borough; provided that the B orough ackn owledges and agrees that (i) such Deliverable Material was prepared solely with respect to the ICI Design/Build Work, (ii) the Company makes no representations or w arranties regarding the suitability of such Deliverable Material for any other purpose; (iii) the use of such Deliverable Material for any other purpose shall be solely at the risk of the Borough , and the Borough w aives all claims against the Company, its employees and subcontractors of any kind or nature (including claims under contract, tort or any other law) with respect to use of such Deliverable Material for any other purpose.

Appears in 1 contract

Sources: Service Contract

Deliverable Material. As the ICI Design/Build Work progresses (or upon the termination of the CompanyLessee's right to perform the ICI Design/Build Work), the Company Lessee shall deliver to the Borough Lessor all documen tsdocuments, reports, subm ittals submittals and other materials ("Deliverable Material") required to be delivered under Appendices Appen dices 4 and 5. The provisions of Section 16.2 17. 2 shall apply to any Deliverable Material used by the Compan y Lessee in the th e ICI Design/Design/ Build Work. The Borough Lessor shall have the right from and after the Contract Date to use (or permit use of) all such Deliverable Material, all oral information received by the Borough Lessor in connection with the ICI Design/Build Work, and all ideas or methods represented by such Deliverable Material without additional compen sation for any other public purpose in connection with w astewater collection and treatment treatm ent, and sludge incineration by the BoroughLessor; provided that the B orough ackn owledges Lessor acknowledges and agrees that (i) such Deliverable Material was prepared solely with respect to the ICI Design/Design/ Build Work, (ii) the Company Lessee makes no representations or w arranties warranties regarding the suitability of such Deliverable Material for any other purpose; (iii) the use of such Deliverable Material for any other purpose shall be solely at the risk of the Borough Lessor, and the Borough w aives Lessor waives all claims against the CompanyLessee, its employees and subcontractors of any kind or nature n ature (including claims under contract, tort or any other law) with respect to use of such Deliverable Material for any other purpose.

Appears in 1 contract

Sources: Incineration Facilities Lease Agreement