|
40-27 BUILDING
<br />BRPH ARCHITECTS -ENGINEERS, INC.
<br />ELECTRONIC DELIVERABLES POLICY I
<br />B. Architect/Engineer disclaims any and all warranties or guarantees, express,
<br />implied, and statutory, as to the accuracy, reliability, suitability, or fitness of the ED
<br />for a particular purpose or project. Contractor understands that ED provided to
<br />Contractor may vary from those contained on paper copies. Variances may be
<br />due to the use of different software, hardware, formats, or output devices used by
<br />the Contractor or others from those used by Architect/Engineer for original
<br />preparation of the ED. Variances may also be caused by undocumented changes
<br />or modifications to the ED made by Contractor or others, whether inadvertently or
<br />otherwise. Architect/Engineer reserves the right to retain the machine readable
<br />media on which the ED were originally prepared, and to retain paper or
<br />reproducible copies of all documents in machine readable form, delivered to
<br />Contractor , which media shall govern and control in the event of any
<br />inconsistency or discrepancy between the ED and paper copies or other media.
<br />Architect/Engineer reserves the right to remove from the ED provided to
<br />Contractor all identification reflecting the involvement of Architect/Engineer in their
<br />preparation.
<br />C. All ED prepared by Architect/Engineer are, and shall remain, the exclusive
<br />property of Boeing; however, Contractor shall be permitted to make machine
<br />readable copies of the ED for information and reference in connection with
<br />Contractor's work on the Project. All derivative works of the ED, regardless of
<br />authorship shall be owned exclusively by Architect/Engineer.
<br />D. Contractor acknowledges that the automated conversion of ED from the system
<br />or format employed by Architect/Engineer to that of Contractor or others might not
<br />be accomplished without the introduction of inconsistencies, anomalies, and
<br />errors. Contractor is responsible for determining if any inconsistencies,
<br />anomalies, or errors exist. Contractor shall fully comply with the contract
<br />documents, including, and without limitation, the need to check, confirm and
<br />coordinate all dimensions and details set forth in the ED, take field measurements,
<br />verify field conditions and coordinate Contractor's work with that of other
<br />contractors or subcontractors on the Project. In the event ED data or information
<br />provided to Contractor in machine readable form are converted to Contractor's
<br />system or format, Contractor agrees to assume all risks associated with such
<br />conversion and to the fullest extent permitted by law, shall hold harmless, defend,
<br />and indemnify Architect/Engineer from and against all liabilities, claims, suits,
<br />damages, losses, and expenses, including attorney's fees, arising out of or
<br />resulting from such data or information conversion.
<br />E. ED are not to be used or re -used by Contractor or others on extensions or
<br />variations of this Project or on any different project. Any use of the ED in whole or
<br />in part, without written verification or adaptation and approval by
<br />Architect/Engineer for the specific purpose intended will be at Contractor's sole
<br />risk and Contractor shall hold harmless, defend, and indemnify Architect/Engineer
<br />from and against all claims, damages, losses, liabilities, and expenses, including
<br />attorney's fees, arising out of or resulting from or connected with such use.
<br />F. Delivery of the ED shall not be deemed a sale by Architect/Engineer of the
<br />intellectual property contained within the ED. The ED shall be licensed to
<br />Contractor subject to the terms of Section 01 39 00 for the duration of the
<br />Project.
<br />C06922.001.00 01 39 00 - 2
<br />05-22-14 ,
<br />
|