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1 <br />I <br />F� <br />40-27 BUILDING ELECTRONIC DELIVERABLES POLICY <br />BRPH ARCHITECTS -ENGINEERS, INC. <br />SECTION 01 39 00 - ELECTRONIC DELIVERABLES POLICY <br />PART 1 - GENERAL <br />1.1 RELATED DOCUMENTS <br />A. Drawings and general provisions of the Agreement, including General and <br />Supplementary Conditions and other Division 1 Specifications, apply to this <br />Section 01 39 00. <br />1.2 SUMMARY <br />A. Any and all electronic deliverables (EDs) described in this Agreement are <br />considered original designs of a building, structure, development, or site and are <br />protected, in whole or in part, as "architectural works" under the United States <br />Copyright Act, 17 U.S.C., as amended. Contractor agrees to retain all <br />Architect/Engineer copyright notices shown in the ED and to ensure all persons to <br />whom Contractor furnishes ED also retain all Architect/Engineer copyright notices. <br />B. This Section 01 39 00 includes the policies and requirements to be followed that <br />allow the Contractor to request ED from Architect/Engineer. Included are <br />specifications, electronic files of drawings, and the general provisions for <br />transmittal of documents in machine readable form. Since most e-mail carriers are <br />limited to 2 to 3 MB files, the transfer of large drawing and specification files will <br />be limited to Compact Discs (CDs), Newforma Info Exchange, or Buzzsaw. <br />C. Drawing files shall be delivered in electronic formats currently used by <br />Architect/Engineer. Additional formats requested by Contractor may be provided <br />at an additional cost. <br />1.3 RELEASE CONDITIONS <br />A. All ED are prepared by Architect/Engineer solely for use in connection with the 40- <br />27 BUILDING Everett, Washington Project (the "Project"). ED are not intended or <br />authorized for use on any other project or in connection with any other building, <br />structure, development, or site. Any such unintended or unauthorized use or <br />reuse by Contractor or by others will be at Contractor's sole risk and without <br />liability or legal exposure to Architect/Engineer. Contractor agrees to indemnify <br />and defend Architect/Engineer from any loss, liability, claim, or suit arising out of <br />or connected with any such unintended or unauthorized use of the ED, in whole or <br />in part, whether by Contractor or by its subcontractors, consultants, or agents. <br />Contractor agrees to make no claim and hereby waives and releases to the fullest <br />extent permitted by law, any claim, demand, suit, or cause of action of any nature <br />against Architect/Engineer, its officers, directors, employees, agents or <br />subcontractors that might arise out of or in connection with Contractor's or others' <br />use of the Architect/Engineer's ED. In no event shall Architect/Engineer be liable <br />for any loss of profit, or any consequential, incidental, indirect, punitive, or reliance <br />damages resulting from Contractor's or others' use or re -use of the <br />Architect/Engineer's ED. <br />r <br />C06922.001.00 <br />1 <br />01 39 00 - 1 <br />05-22-14 <br />