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2011-159B
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2011-159B
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instruments of service furnished by them , except the Owner shall have the right to reuse <br /> the instruments for construction of additional softball fields . , <br /> and other dOGUFFIeRts and eleGtroRiG data aFe fL1FRished fGF 1:16e 691ely With FespeGt to t <br /> The Owner shall be permitted to retain copies , including reproducible <br /> copies , of the drawings , specifications , and other documents and electronic data <br /> furnished by the Design/ Builder for information and reference in connection with the <br /> Project except as provided in Sections 3 . 2 and 3 . 3 . Notwithstanding the above , the <br /> Owner intends that the documents , drawings , plans , specifications and electronic data <br /> 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 <br /> 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 <br /> by agreement in writing and with appropriate compensation to the Design/Builder, <br /> unless the Design/ Builder is adjudged to be in default under this Part 1 Agreement or <br /> under any 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 <br /> other documents and electronic data furnished by the Architect to the Design/Builder for <br /> the completion of the Project , conditioned upon the Owner' s execution of an agreement <br /> to cure the Design/Builder' s default in payment to the Architect for services previously <br /> performed and to the extent allowed by law, indemnify the Architect with regard to <br /> claims 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 <br /> be 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 <br /> the performance of the Basic and Additional Services which shall not exceed the time <br /> limits contained in Section 10 . 1 and shall include allowances for periods of time required <br /> for the Owner's review and for approval of submissions by authorities having jurisdiction <br /> over the Project . <br /> § 4 . 2 If the Design/Builder is delayed in the performance of services under this Part 1 <br /> Agreement through no fault of the Design/Builder, any applicable schedule shall be <br /> equitably adjusted . <br /> ARTICLE 5 PAYMENTS <br /> § 5 . 1 The initial payment provided in Article 9 shall be made upon execution of this Part <br /> 1 Agreement and credited to the Owner's account as provided in Section 9 . 1 . 2 . <br /> § 5 . 2 Subsequent payments for Basic Services , Additional Services , and Reimbursable <br /> Expenses provided for in this Part 1 Agreement shall be made in accordance with the <br />
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