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2011-249
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§ 2 . 1 . 11 The Owner shall communicate with persons or entities employed or retained by <br /> the Design/Builder through the Design/Builder, unless otherwise directed by the <br /> Design/ Builder . <br /> ARTICLE 3 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA <br /> § 3 . 1 The Owner hopes to use the plans , Drawings , specifications , and Gthe documents <br /> and electronic data furnished by the Design/Builder as a prototype for construction of <br /> other fire stations in the future . are unstFuments of sery The Design/Builder's Architect <br /> and other providers of professional services shall retain all common law , statutory and <br /> other reserved rights , including copyright in those instruments of service furnished by <br /> them , except the owner shall have the right to reuse the instruments for construction of <br /> additional fire stations . Drawings , 6peGifiGatiGn6 , and other deGurnents and e ! eGtron ; G data <br /> The Owner shall be <br /> permitted to retain copies , including reproducible copies , of the drawings , specifications , <br /> and other documents and electronic data furnished by the Design/Builder for information <br /> and reference in connection with the Project except as provided in Sections 3 . 2 and 3 . 3 . <br /> The Owner intends that the documents , drawings , plans , specifications and electronic <br /> data are intended to be reused at some future time . Pursuant to FS 287 . 055 ( 10 ) , the <br /> documents and plans shall contain notice to the public that the plans are subject to reuse . <br /> § 3 . 2 If the Part 2 Agreement is not executed , the Owner shall not use the drawings , <br /> specifications , and other documents and electronic data furnished by the Design/ Builder <br /> without the written permission of the Design/Builder . Drawings , specifications , and other <br /> documents and electronic data shall not be used by the Owner or others on other <br /> projects , for additions to this Project or for completion of this Project by others , except by <br /> agreement in writing and with appropriate compensation to the Design/Builder, unless the <br /> Design / Builder is adjudged to be in default under this Part 1 Agreement or under any <br /> other subsequently executed agreement , or by agreement in writing . <br /> § 3 . 3 If the Design/Builder defaults in the Design/Builder's obligations to the Owner , the <br /> Architect shall grant a license to the Owner to use the drawings , specifications , and other <br /> documents and electronic data furnished by the Architect to the Design /Builder for the <br /> completion of the Project , conditioned upon the Owner's execution of an agreement to <br /> cure the Design/Builder's default in payment to the Architect for services previously <br /> performed and to the extent allowed bV law , indemnify the Architect with regard to claims <br /> arising from such reuse without the Architect's professional involvement . <br /> § 3 . 4 Submission or distribution of the Design/Builder' s documents to meet official <br /> regulatory requirements or for similar purposes in connection with the Project is not to be <br /> construed as publication in derogation of the rights reserved in Section 3 . 1 . <br /> ARTICLE 4 TIME <br /> § 4 . 1 Upon the request of the Owner , the Design /Builder shall prepare a schedule for the <br /> performance of the Basic and Additional Services which shall not exceed the time limits <br /> contained in Section 10 . 1 and shall include allowances for periods of time required for the <br />
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