AGREEMENT FOR TRANSFER OF ELECTRONIC INFORMATION
Project: SomeWhere Business Park
In accepting and utilizing the Site and Rough Grading Preliminary Plan dated 1-4-2010 provided in the form of electronic media, the undersigned covenants and agrees that all such drawings and data are instruments of service of [insert engineers company name here] 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 undersigned further understands and acknowledges that if the drawing represents an initial submittal for project approvals and will not reflect any modifications required during the approval process nor represent actual as built conditions of the rough grading project. It is the developers’ responsibility to confirm any data that would represent their final pricing. The undersigned shall advise [insert engineers company name here] of any errors or discrepancies prior to their use of this information.
The undersigned further agrees not to use these drawings and data, in whole or in part, for any purpose other than the project for which is the subject of this agreement. The undersigned agrees to waive all claims against [insert engineers company name here] resulting in any way from the unauthorized changes or reuse of the drawings and data, for any other purpose, by anyone other than [insert engineers company name here].
The undersigned agrees, to the fullest extent permitted by law, to indemnify and hold harmless [insert engineers company name here] , it’s employees, Principals and agents, from any damages, liability or cost, including attorney’s fees and costs of defense, arising from any changes made by anyone other than [insert engineers company name here], or from any reuse of the drawings and data without prior written consent of [insert engineers company name here].
Under no circumstances shall the transfer of the drawings and data on electronic media for use by the undersigned be deemed a sale by [insert engineers company name here] and [insert engineers company name here] makes no warranties or guarantees, either expressed or implied, of the accuracy or completeness of the information as originally prepared, copied, transmitted or from conversion.
Use by the undersigned is at their sole risk.
Accepted By:
Firm Date
Signature
Printed Name / Title
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