Common use of Instruments of Service Clause in Contracts

Instruments of Service. Drawings, specifications and other documents, including those in electronic form, prepared by the Consultant and their Subconsultants are Instruments of Service for use solely with respect to this Project. The Consultant and their Subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights, except as expressly provided herein. Upon execution of this Agreement, the Consultant grants to the Owner a nonexclusive, assignable license to reproduce the Consultant's Instruments of Service solely for purposes of designing, constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement; completion of the Project if Owner has declared Consultant to be in default, including any modified or different project; and any subsequent addition to or renovation of the Project. The Consultant shall obtain similar nonexclusive licenses from their Subconsultants consistent with this Agreement. In the event the Owner contracts with a different Consultant for the completion of the design and construction of the Project contemplated by the Consultant’s Instruments of Service, such use shall be at Owner’s sole risk. Submission or distribution of Instruments of Service 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 reserved rights of the Consultant and their Subconsultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Consultant and their Subconsultants. Notwithstanding the provisions of this Agreement, the Owner and the Consultant may, by separate written agreement, set forth specific conditions governing the sharing of electronic data, the format of Instruments of Service, or any third party special limitations or licenses not otherwise provided for in this Agreement.

Instruments of Service. Drawings, specifications and other documents, including those in electronic form, prepared by the Consultant and their Subconsultants are Instruments of Service for use solely with respect to this Project. The Consultant and their Subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights, except as expressly provided herein. Upon execution of this Agreement, the Consultant grants to the Owner a nonexclusive, assignable license to reproduce the Consultant's Instruments of Service solely for purposes of a) designing, constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement; b) completion of the Project if Owner has declared Consultant to be in default, including any modified or different project; and c) any subsequent addition to or renovation of the Project. The Consultant shall obtain similar nonexclusive licenses from their Subconsultants consistent with this Agreement. In the event the Owner contracts with a different Consultant for the completion of the design and construction of the Project contemplated by the Consultant’s Instruments of Service, such use shall be at Owner’s sole risk. Submission or distribution of Instruments of Service 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 reserved rights of the Consultant and their Subconsultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Consultant and their Subconsultants. Notwithstanding the provisions of this Agreement, the Owner and the Consultant may, by separate written agreement, set forth specific conditions governing the sharing of electronic data, the format of Instruments of Service, or any third party special limitations or licenses not otherwise provided for in this Agreement.

Instruments of Service. Drawings, specifications specifications, and other documents, including those in electronic form, prepared by the Consultant and their Subconsultants are Instruments of Service for use solely with respect to this Projectproject. The Consultant and their Subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights, except as expressly provided herein. Upon execution of this Agreement, the Consultant grants to the Owner a nonexclusive, assignable license to reproduce the Consultant's Instruments of Service solely for purposes of designing, constructing, using using, and maintaining the Projectproject, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement; completion of the Project project if Owner has declared Consultant to be in default, including any modified or different project; and any subsequent addition to or renovation of the Projectproject. The Consultant shall obtain similar nonexclusive licenses from their Subconsultants consistent with this Agreement. In the event the Owner contracts with a different Consultant for the completion of the design and construction of the Project project contemplated by the Consultant’s Instruments of Service, such use shall be at Owner’s sole risk. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project project is not to be construed as publication in derogation of the reserved rights of the Consultant and their Subconsultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Consultant and their Subconsultants. Notwithstanding the provisions of this Agreement, the Owner and the Consultant may, by separate written agreement, set forth specific conditions governing the sharing of electronic data, the format of Instruments of Service, or any third party special limitations or licenses not otherwise provided for in this Agreement.