Common use of Ownership of Design Plans Clause in Contracts

Ownership of Design Plans. Upon execution of this Agreement and the parties’ written acknowledgment of the final Project plans and Engineer’s Estimate, Developer shall forward to ACHD copies of all previously prepared design plans for the Project in its and/or its consultant’s possession, including but not limited to design plans, data, consultant reports prepared by third parties, soil reports, engineering reports, and right-of-way plans (collectively “design plans”). Developer shall obtain any necessary third-party consents required by ACHD for ACHD’s possession and potential use of the design plans. In the event of Developer’s default under this Agreement, all ownership interest in the design plans shall transfer to ACHD and ACHD shall become the exclusive owner of said design plans for any use whatsoever including but not limited to completion of the Project. ACHD shall not be obligated to reimburse Developer for the cost of said design plans unless the design plans have been completed to ACHD standards and specifications and ACHD proceeds to utilize the design plans to complete the project or any portion of the project. Developer hereby indemnifies and holds ACHD harmless from and against any and all loss, injury, death and damage, and attorney’s fees and cost that might be incurred by ACHD in defending any claim that may result solely from the use of the design plans by ACHD, its Commissioners, employees, contractors and/or agents.

Ownership of Design Plans. Upon execution of this Agreement and the parties’ written acknowledgment of the final Project plans and Engineer’s Estimate, Developer shall forward to ACHD copies of all previously prepared design plans for the Project in its and/or its consultant’s possession, including but not limited to design plans, data, consultant reports prepared by third parties, soil reports, engineering reports, and right-right - of-way plans (collectively “design plans”). Developer shall obtain any necessary third-third- party consents required by ACHD for ACHD’s possession and potential use of the design plans. In the event of Developer’s default under this Agreement, all ownership interest in the design plans shall transfer to ACHD and ACHD shall become the exclusive owner of said design plans for any use whatsoever including but not limited to completion of the Project. ACHD shall not be obligated to reimburse Developer for the cost of said design plans unless the design plans have been completed to ACHD standards and specifications and ACHD proceeds to utilize the design plans to complete the project or any portion of the project. Developer hereby indemnifies and holds ACHD harmless from and against any and all loss, injury, death and damage, and attorney’s fees and cost that might be incurred by ACHD in defending any claim that may result solely from the use of the design plans by ACHD, its Commissioners, employees, contractors and/or agents.

Ownership of Design Plans. Upon execution of this Agreement and the parties’ written acknowledgment of the final Project plans and Engineer’s Estimate, Developer shall forward to ACHD copies of all previously prepared design plans for the Project in its and/or its consultant’s possession, including but not limited to design plans, data, consultant reports prepared by third parties, soil reports, engineering reports, and right-right- of-way plans (collectively “design plans”). Developer shall obtain any necessary third-third- party consents required by ACHD for ACHD’s possession and potential use of the design plans. In the event of Developer’s default under this Agreement, all ownership interest in the design plans shall transfer to ACHD and ACHD shall become the exclusive owner of said design plans for any use whatsoever including but not limited to completion of the Project. ACHD shall not be obligated to reimburse Developer for the cost of said design plans unless the design plans have been completed to ACHD standards and specifications and ACHD proceeds to utilize the design plans to complete the project or any portion of the project. Developer hereby indemnifies and holds ACHD harmless from and against any and all loss, injury, death and damage, and attorney’s fees and cost that might be incurred by ACHD in defending any claim that may result solely from the use of the design plans by ACHD, its Commissioners, employees, contractors and/or agents.