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2007-128
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Last modified
5/12/2016 2:18:23 PM
Creation date
9/30/2015 10:42:52 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/10/2007
Control Number
2007-128
Agenda Item Number
14.A.2
Entity Name
Design/Builder Barth Construction
Emergency Services
Subject
Gifford Community Station
Two Bay Prototype Repeat Station
Area
Gifford Community Station
Supplemental fields
SmeadsoftID
6254
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ARTICLE 3 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA <br /> § 3 . 1 The Owner hopes to use the plans, Drawings , specifications , and ether <br /> documents and electronic data furnished by the Design/Builder as a prototype for <br /> construction of other fire stations in the future . are mRS4 FneRts of service . The <br /> Design/Builder's Architect and other providers of professional services shall retain all <br /> common law , statutory and other reserved rights , including copyright in those <br /> instruments of service furnished by them , except the owner shall have the right to reuse <br /> the instruments for construction of additional fire stations . Dra iRg6 spe^ ;f" Gat,,, .,6 and <br /> Part 1 Agreerne .,f . 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 . The Owner intends that the <br /> documents drawings plans , specifications and electronic data are intended to be <br /> reused at some future time . Pursuant to FS 287 . 055 ( l 0) , the documents and plans <br /> 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 <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 />
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