Common use of Ownership and Use of Drawings, Specifications and Other Instruments of Service Clause in Contracts

Ownership and Use of Drawings, Specifications and Other Instruments of Service. 1.6.1 All Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants are and shall remain the property of the Architect, and Architect shall retain all common law, statutory and other reserved rights with respect thereto. The Owner shall be permitted to retain copies, including reproducible copies, of the Project Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Project 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 in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. Owner shall take such action as may be necessary to prevent their use on any other project or for additions to the Project outside the scope of the Work by Construction Manager, any Subcontractor, Sub-subcontractor or material or equipment supplier. The Development Manager, Construction Manager, Subcontractors, Sub-subcontractors and material and equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittals or distributions necessary to meet official regulatory requirements or for other purposes relating to completion of the Project are not to be construed as a publication in derogation of the Owner's copyright or other reserved rights.

Ownership and Use of Drawings, Specifications and Other Instruments of Service. 1.6.1 All The Drawings, Specifications and other documents, including those in electronic form, prepared by Design Consultant, its Consultants or other Consultants retained by Owner for the Project, which describe the Work to be executed by Contractor (collectively referred to as the “Construction Documents”) are and shall remain the property of Owner, whether the Project for which they are made is executed or not. Contractor shall be permitted to retain one record set. Neither Contractor nor any Subcontractor, sub- Subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect Design Consultant or Design Consultant’s Consultants. All copies of Construction Documents, except Contractor’s record set, shall be returned or suitably accounted for to Design Consultant on request and the Architect's consultants are and shall remain the property upon completion of the Architect, and Architect shall retain all common law, statutory and other reserved rights with respect theretoWork. The Owner shall be permitted to retain copies, including reproducible copies, of the Project Drawings, Specifications and other documents prepared by Design Consultant and Design Consultant’s Consultants, along with copies thereof furnished to Contractor, are for information and reference in connection use solely with the Owner's use and occupancy of the respect to this Project. The Project Drawingsdrawings, Specifications specifications or other documents shall are not to be used by the Owner Contractor or others any Subcontractor or material or equipment supplier on other projects, projects or for additions to this Project or for completion of this Project by others, unless the Architect is in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. Owner shall take such action as may be necessary to prevent their use on any other project or for additions to the Project outside the scope of the Work by Construction Managerwithout the specific written consent of the Owner. Any such use without written authorization shall be at the sole risk and liability of Contractor. Contractor, any Subcontractor, Sub-subcontractor or Subcontractors and material or equipment supplier. The Development Manager, Construction Manager, Subcontractors, Sub-subcontractors and material and equipment suppliers are granted a limited license authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect Design Consultant and the Architect's consultants Design Consultant’s Consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect Design Consultant and the Architect's consultantsDesign Consultant’s Consultants. Submittals Submittal or distributions necessary distribution to meet official regulatory requirements or for other purposes relating to completion of the Project are purposes, in connection with this Project, is not to be construed as publication. 1.3.2.1 All of Contractor’s non-proprietary, documentary Work product, including reports and correspondence to Owner, prepared pursuant to this Contract, shall be the property of Owner and, upon completion of this Contract and upon written request by Owner, promptly shall be delivered to Owner in a publication reasonably organized form, without restriction on its future use by Owner. For the avoidance of doubt, documentary Work product does not include privileged communications, proprietary information and documents used to prepare Contractor’s Bid Proposal. 1.3.2.2 Contractor may retain for its files any copies of documents it chooses to retain and may use its Work product as it deems fit. Any materially-significant Work product lost or destroyed by Contractor shall be replaced or reproduced at Contractor’s non-reimbursable sole cost. In addition, Owner shall have access during normal business hours, during the duration this Contract is in derogation effect and for four (4) years after the final completion of the Work, unless there is an ongoing dispute under the Contract, then such access period shall extend longer until final resolution of the dispute, to all of Contractor’s records and documents covering reimbursable expenses, actual base hourly rates, time cards and annual salary escalation records maintained in connection with this Contract for purposes of auditing same at the sole cost of Owner's copyright . The purpose of any such audit shall be for the verification of such costs. Contractor shall not be required to keep records of, or other reserved rightsprovide access to, the make up of any negotiated and agreed-to lump sums, unit prices or fixed overhead and profit multipliers. Nothing herein shall deny Contractor the right to retain duplicates. Refusal by Contractor to comply with the provisions hereof shall entitle Owner to withhold any payment(s) to Contractor until compliance is obtained. 1.3.2.3 All of Contractor’s documentary Work product shall be maintained within Contractor’s San Antonio offices, unless otherwise authorized by Owner. After expiration of this Contract, Contractor’s documents may be archived in the Contractor’s central record storage facility but shall remain accessible to Owner for the four (4) year period cited in Section 1.3.22 herein.

Ownership and Use of Drawings, Specifications and Other Instruments of Service. 1.6.1 All The Drawings, Specifications and other documents, including those in electronic form, prepared by Design Consultant, its Consultants or other Consultants retained by ▇▇▇▇ COUNTY for the Project, which describe the Work to be executed by Contractor (collectively referred to as the “Construction Documents”) are and shall remain the property of ▇▇▇▇ COUNTY, whether the Project for which they are made is executed or not. Contractor shall be permitted to retain one record set. Neither Contractor nor any Subcontractor, sub-Subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect Design Consultant or Design Consultant’s Consultants. All copies of Construction Documents, except Contractor’s record set, shall be returned or suitably accounted for to Design Consultant on request and the Architect's consultants are and shall remain the property upon completion of the Architect, and Architect shall retain all common law, statutory and other reserved rights with respect theretoWork. The Owner shall be permitted to retain copies, including reproducible copies, of the Project Drawings, Specifications and other documents prepared by Design Consultant and Design Consultant’s Consultants, along with copies thereof furnished to Contractor, are for information and reference in connection use solely with the Owner's use and occupancy of the respect to this Project. The Project Drawingsdrawings, Specifications or other documents shall are not to be used by the Owner Contractor or others any Subcontractor or material or equipment supplier on other projects, projects or for additions to this Project or for completion of this Project by others, unless the Architect is in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. Owner shall take such action as may be necessary to prevent their use on any other project or for additions to the Project outside the scope of the Work by Construction Managerwithout the specific written consent of ▇▇▇▇ COUNTY. Any such use without written authorization shall be at the sole risk and liability of Contractor. Contractor, any Subcontractor, Sub-subcontractor or Subcontractors and material or equipment supplier. The Development Manager, Construction Manager, Subcontractors, Sub-subcontractors and material and equipment suppliers are granted a limited license authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect Design Consultant and the Architect's consultants Design Consultant’s Consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect Design Consultant and the Architect's consultantsDesign Consultant’s Consultants. Submittals Submittal or distributions necessary distribution to meet official regulatory requirements or for other purposes relating to completion of the Project are purposes, in connection with this Project, is not to be construed as publication. 1.3.2.1. All of Contractor’s non-proprietary, documentary Work product, including reports and correspondence to ▇▇▇▇ COUNTY, prepared pursuant to this Contract, shall be the property of ▇▇▇▇ COUNTY and, upon completion of this Contract and upon written request by ▇▇▇▇ COUNTY, promptly shall be delivered to ▇▇▇▇ COUNTY in a publication reasonably organized form, without restriction on its future use by ▇▇▇▇ COUNTY. For the avoidance of doubt, documentary Work product does not include privileged communications, proprietary information and documents used to prepare Contractor’s Bid Proposal. 1.3.2.2. Contractor may retain for its files any copies of documents it chooses to retain and may use its Work product as it deems fit. Any materially- significant Work product lost or destroyed by Contractor shall be replaced or reproduced at Contractor’s non-reimbursable sole cost. In addition, ▇▇▇▇ COUNTY shall have access during normal business hours, during the duration this Contract is in derogation effect and for four (4) years after the final completion of the Owner's copyright Work, unless there is an ongoing dispute under the Contract, then such access period shall extend longer until final resolution of the dispute, to all of Contractor’s records and documents covering reimbursable expenses, actual base hourly rates, time cards and annual salary escalation records maintained in connection with this Contract for purposes of auditing same at the sole cost of ▇▇▇▇ COUNTY. The purpose of any such audit shall be for the verification of such costs. Contractor shall not be required to keep records of, or other reserved rightsprovide access to, the makeup of any negotiated and agreed-to lump sums, unit prices or fixed overhead and profit multipliers. Nothing herein shall deny Contractor the right to retain duplicates. Refusal by Contractor to comply with the provisions hereof shall entitle ▇▇▇▇ COUNTY to withhold any payment(s) to Contractor until compliance is obtained. 1.3.2.3. All of Contractor’s documentary Work product shall be maintained within Contractor’s offices, unless otherwise authorized by ▇▇▇▇ COUNTY. After expiration of this Contract, Contractor’s documents may be archived in the Contractor’s central record storage facility but shall remain accessible to ▇▇▇▇ COUNTY for the four (4) year period cited in Section 1.3.22 herein.