3003 W CASINO RD BLDG 40-27 2022-03-17

' 40-27 BUILDING ELECTRONIC DELIVERABLES POLICY BRPH ARCHITECTS/ENGINEERS, INC. EXHIBIT A those utilized by BRPH for the original preparation of the ED. Variances may also be caused by undocumented changes or modifications made to the ED, whether inadvertently or otherwise, by the undersigned or others. The undersigned acknowledges and agrees that (a) the ED are for reference only, providing only the schematic layout and templates of the design, (b) the undersigned is solely responsible for all work product and output it develops using the ED, (c) all ' coordination and systems installation will be based on the undersigned's own coordination models/documents, (d) final locations/coordinations and installations are the responsibility of the undersigned, and (e) BRPH shall incur no liability to the undersigned with respect to the ED or ' the undersigned's use thereof. BRPH reserves the right to retain the machine readable media upon which the ED were originally prepared, and to retain paper or reproducible copies of all documents delivered to the undersigned in machine readable form, which media shall govern in the event of any inconsistency or discrepancy between the ED and paper copies or other media. BRPH also reserves the right to remove from machine readable copies provided to recipient all identification reflecting the involvement of BRPH in their preparation. ' All ED prepared by BRPH are and shall remain the property of BRPH; however, recipient shall be permitted to make machine readable copies of the ED for information and reference in connection with recipient's use for the Project. Derivative works of the ED, regardless of ' authorship, shall be solely owned by BRPH. No use of the ED or derivative works is permitted except for this Project. ' Recipient acknowledges that the automated conversion of ED from the system or format employed by BRPH to those of recipient or others might not be accomplished without the introduction of inconsistencies, anomalies, and errors. In the event ED provided to recipient in machine readable form are converted, recipient agrees to assume all risks associated with conversion and, to the fullest extent permitted by law, to hold harmless, defend, and indemnify BRPH from and against all claims, damages, liabilities, losses, and expenses including attorneys fees and defense costs, arising out of or resulting from such data or information conversion. ED are not to be used or reused by the undersigned or others on extensions of this Project or ' on any different project. Any use of the ED without written verification or adaptation by, and the written consent of, BRPH for the specific purpose intended will be at the undersigned's sole risk and without liability or legal exposure to BRPH. The undersigned shall hold harmless, defend, ' and indemnify BRPH from and against all claims, damages, liabilities, losses, and expenses including attorney's fees and defense costs arising out of or resulting from or connected with, such use H Recipient acknowledges and agrees that BRPH shall incur no responsibility or liability to Recipient with respect to the ED or the use thereof, including that resulting from errors, omissions, or deficiencies in the ED. In the event that Recipient provides deficient information or data that does not represent the work it will be ultimately providing, that is corrupted, that contains a virus or that otherwise damages the ED, Recipient shall bear all costs associates with reconstructuring the ED and to otherwise remediate such deficiencies or their effects on the Project. Delivery of the ED shall not be deemed a sale by BRPH of the intellectual property contained within the ED. In no event shall BRPH be liable to the undersigned for any loss of profit, or any consequential, incidental, indirect, punitive, or reliance damages as a result of the undersigned's or others' use or re -use of the ED or in connection with BRPH's resolution of clash conflicts and use of third party modeling software and clash reports. C06922.001.00 01 39 00 - 5 05-22-14