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considered a part of the Contract Documents. Owner does not warrant to the Design -Builder the <br />accuracy or completeness of such record documents and Drawings and the Design -Builder will <br />be solely responsible for all assumptions made in reliance thereupon. Record documents and <br />Drawings are not warranted or intended to be complete depictions of existing conditions, nor do <br />they necessarily indicate concealed conditions. The locations of electrical conduit, telephone <br />lines and conduit, computer cables, storm lines, sanitary lines, irrigation lines, gas lines, <br />mechanical apparatus and appurtenances, HVAC piping/ductwork and plumbing may only <br />appear schematically, if at all, and the actual location of such equipment and lines is in many <br />cases unknown. <br />2.1.7 The Owner will disclose, to the extent known, the results and reports of prior tests, <br />inspections or investigations conducted for the Project involving: structural or mechanical <br />systems; chemical, air and water pollution; hazardous materials; or other environmental and <br />subsurface conditions. The Owner will disclose all information known to the Owner regarding <br />the presence of pollutants at the Project site. The Owner does not warrant the accuracy or <br />completeness of any such information and accepts no responsibility therefore and the Design <br />Builder will be solely responsible for all assumptions made in reliance thereupon. <br />2.1.8 The Owner will furnish all legal, accounting and insurance counseling services as the <br />Owner may require at any time for the Project, including such auditing services as are needed <br />to verify the Design -Builder's applications for payment. <br />2.1.9 The Owner will promptly obtain easements, zoning variances, and legal authorizations <br />regarding Project site utilization where essential to the execution of the Owner's Project. <br />2.1.10 Those services, information, surveys, and reports described in Paragraphs 2.1.6 through <br />2.1.9 which are within the Owner's control will be furnished at the Owner's expense and are not <br />part of the Contract Documents. The Owner does not warrant or certify the accuracy or <br />completeness of any services, information, surveys or reports. <br />2.1.11 The Owner may communicate with persons or entities employed or retained by the <br />Design -Builder, unless otherwise instructed for reasonable cause not to do so in writing by the <br />Design -Builder. <br />ARTICLE 3 <br />OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA/RETENTION AND <br />MAINTENANCE OF PUBLIC RECORDS <br />3.1 Design -Builder acknowledges and agrees that all records, documents, drawings, notes, <br />tracings, plans, specifications, maps, evaluations, reports and other technical data and <br />electronic data, instruments of service (other than working papers), including but not limited to, <br />all Architectural Works as defined by the federal Architectural Works Copyright Protection Act <br />(whether hard copy or electronically stored), prepared, developed or furnished by Design - <br />Builder or the design professional(s) employed or retained by the Design -Builder under this <br />Contract (Project Documents) will be and remain the property of the Owner. Project Documents <br />will be deemed to be works made for hire, and all right, title and interest in and to the Project <br />Documents will be vested in Owner. Design -Builder will take all actions necessary to secure for <br />Owner all such right, title and interest. Design -Builder warrants that all materials comprising the <br />Project Documents are original with Design -Builder and have not been copied or derived from <br />Ixora Park Infrastructure Improvements 6 <br />