Ownership of Documents
All documents, including tracings, drawings, reports, estimates, specifications, field notes, investigations, studies, etc., shall be considered as instruments of service, and shall remain the property of CONSULTANT. During the performance of the Services herein provided for, CONSULTANT shall be responsible for any loss or damage to the documents which it caused, herein enumerated, while they are in its possession and any such loss or damage shall be restored at its expense. Full access to the documents during the progress of the Services shall be available to the CLIENT. CLIENT shall not reuse or make any modification to the construction documents without the prior written authorization of CONSULTANT. CLIENT agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless CONSULTANT, its officers, directors, employees and subconsultants (collectively, “CONSULTANT”) against any damages, liabilities or costs, including reasonable attorneys’ fees and defense costs arising from, or allegedly arising from or in any way connected with, the unauthorized reuse or modification of the construction documents by CLIENT or any person or entity that acquires or obtains the construction documents from or through the CLIENT without the written authorization of CONSULTANT.
Electronic Media
Data, words, graphical representations, and drawings that are stored on electronic media such as computer disks and magnetic tapes, or which are transmitted electronically, may be subject to uncontrollable alteration. CLIENT agrees it may only justifiably rely upon the final hardcopy materials bearing the consultant's original signature and seal.
Access to Records
CONSULTANT and its subconsultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at its respective offices at all reasonable times during the period of this Agreement and for three (3) years from the date of final payment under the terms of this Agreement, for inspection by the CLIENT and copies thereof shall be furnished if requested.
Compliance with State and Other Laws
CONSULTANT specifically agrees that in performance of the Services herein enumerated by it or by a subconsultant or anyone acting in behalf of either, that it or they will exercise customary professional skill and care in its efforts to comply with applicable State, Federal, and Local Statutes, Ordinances and Regulations and assist the CLIENT in obtaining all permits that are applicable to the entry into and the performance of this Agreement.