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§ 1.2.3.4 The Engineer shall niaintain the confidentiality of information specifically designated as confidential by [lie
<br />Owner, unless withholding such information would violate the law, create (lie, risk of sigmiifiicant harm. to the public
<br />or prevent the Engineerfrorn establishing a claim or defense in at) adjuldicatory proceediiig, The Engineer shall
<br />require of the Engineer's consultants similar agreements to maintailli the clonfidientiality of inforniation specifically
<br />designated as confidential by the Owner.
<br />§ 1.2.3.5 Except with the Owner's 1-nowledge and consent, the Engincer shall not enuage in Zany activity, vity, or accept
<br />t
<br />any employment, interest or contribution that would reasonably appear to compromisle the Engineer"s professional
<br />judgment with respect to this proJect.
<br />§ 123.6 The. engineer shall review haws, codes, and reoulations applicicablo, to the Engineer's services. The Engineer
<br />Z:� 11
<br />shall respond in the design of the Project to re.qUirernents imposed by governtnental authioritiles lic,)!N7i,ilic7,,'Llrisdi�ictioii
<br />over the Pro'
<br />ject.
<br />1.2.3.7 The Engineer shall be entitled to rely oil the accuracy and completeness, of services and inforniation
<br />furnished by the Owner. The Engineer shall review information provided by Owner for aCCUI-,acy and provide
<br />prompt written not1ce to the Owner if the F',ngineer becornes aware of any errors, omissions or inconsistencies' in
<br />such services or information. The Engineer shall review existing drawincys and visit tile site to verify existing
<br />conditions in each area of work.
<br />(Paragraphs deletecl)
<br />§ 13.2 INSTI RUMENTS or SERVICE
<br />§ 1.3.2.1 Drawings, specifications and other documents, including those in electronic forril, prepared by the Engineer
<br />and the Engineer's consultants are Instruments of Service for use solely with respect to this Project, The Engineer
<br />and the Engineer's consultants shall be deemed the authors and owners, of` their respective his true ntints if Service
<br />and shall retain all common law, StatUtOry and other reserved rights, including copyrights,.
<br />§ 1.3.2.2 Upon execution of this Agreement, the Engineer grants to the Owner -a none xclusive license to reproduce
<br />the Engineer's Instruments of Service solely for purposes ofconstructing, LIS111,g and maintaining the Project,
<br />provided that the Owner shall comply with all obligations, including prompt payment of all sunis when due, L111d0r
<br />this Agreement, The Engineer shall obtain similar nonexclusive licennses, from the Engineer"s consultants consistent
<br />with this Agreement. Any teri-nination of this Agreement prior to completion of the Project shall terminate this
<br />license. Upon such termination, the Owner shall refrain froin making further reproductions of Instruments of Service
<br />and shall return to the Engineer within seven days of termination all originals and reproductions in the Owner's
<br />possession or control. If and upon the date the Engineer is adjudged in default of this Agreement, the foregoing,
<br />license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to
<br />authorize other, similarly credentialed design professionals to reproduce and, where permitted by law, to make
<br />changes, corrections or additions to the Instruments of Service solely for purposes of corn' leting, using and
<br />,P
<br />maintaining the Project.
<br />1.3.2.3 Except for the licenses granted in Section 1.3,12, no other license or right shall be deemed granted oi-
<br />implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any
<br />license granted herein to another party without the prior written agreement of tile Engineer, However, the Owner
<br />shall be Permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment
<br />suppliers: to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execLition
<br />of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet
<br />official regulatory requirements or for similar purposes in connection with the Project is not Lobe construed as
<br />publication irlderogation of the reserved rights of the Engineer and the Engineer"s consultants. The Ownier may use
<br />the Instruments of Service for future additions or alterations to this Project, or for other projects. Any unauthorized
<br />use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Engineer and ithe
<br />Engineer's consultants.
<br />§ 1.3.2.4 Prior to the Engineer providing to the Owner any Instruments of Service in electronic form or the Owner
<br />providing to the Engineer any electronic data for incorporation into the Instruments of Service, the Owner and the
<br />Engineer shall by separate written agreement set forth the specific clonditions governing, the format of such
<br />Init. AIA Document B141 TM -1997 Part 1. Cop►right@ 1 917, 1 926, 1 948, 1951, 1953,19518, 1 961 1'9 3, 1 966�, 1967, 19701. 11974, 1977, 11987 and 1997 by The
<br />American Institute of Architects. All rights reserved. WARNING: This Ale Document 'its protected Iby iU.S. Copyright Law and International Treaties.
<br />Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result ins severe civill, and criminal plenialtles, and will be
<br />prosecuted to the maximum extent possible under the law. This document was priolduced Iby AIA software at 13:2119:23 on 012/08/211008, under Order
<br />No. 40Q0r)n4'7930 I vtvhich p%irt:,,e,, or, anrj ic- ne%t 4
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<br />User Notes: (2078941309)
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