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DELIVERY OF CADD FILES In accepting and utilizing any form of electronic media generated and provided by Herbert S. Newman & Partners, PC ( HSNP), the Recipient covenants and agrees that all such drawings and data are instruments of service of HSNP, who shall be deemed the author of the drawings and data, and shall retain all common law, statutory law and other rights, including copyrights. The Recipient further agrees not to use the CADD documents in whole or in part, for any purpose or project other than the project which is the subject of this Agreement. The Contractor agrees to waive all claims against HSNP resulting in any way from any unauthorized changes or reuse of the drawings and data for any other project by anyone other than HSNP. The Recipient is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the Recipient and electronic files, the signed or sealed hard-copy construction documents shall govern. In addition, the Recipient agrees, to the fullest extent permitted by law, to indemnify and hold HSNP harmless from any damage, liability or cost, including reasonable attorneys' fees and costs of defense, arising from any changes made by anyone other than HSNP or from any reuse of the drawings and data without the prior written consent of HSNP. Under no circumstances shall transfer of the drawings and other instruments of service on electronic media for use by the Recipient be deemed a sale by HSNP, and HSNP makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. |
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