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WAIVER AGREEMENT FOR USE OF ELECTRONIC DESIGN FILES

Project Name: Client:

Project Name

Owner Name

  1. The undersigned  acknowledges receipt of associated electronic formatted files including, but not limited to; REVIT/CAD, PDF and or JPEG files for the above referenced Project.  The user agrees that these files are for uses related to the above Project only and that files and the information contained within are the property of ACME Architecture, Inc. and Client listed above.  This information may not be reproduced or used in any format except in conjunction with the above Project.
  2. The Drawings, Specifications and other documents, or data prepared ACME Architecture, Inc. are to be used solely for the purpose of executing the construction of the new facility on this site. It shall not be used for the construction of other projects on other sites.
  3. The user acknowledges that the information provided in these files is not a substitution or replacement for the official Contract Documents. The user acknowledges that ACME Architecture, Inc. , its consultants or the Project owner, make any warranty or representation that the information contained in these files reflect the final contract Documents as information may be added through other media or tools which may not translate to the electronic file(s) being provided.
  4. The user assumes full responsibility in the use of these files. Confirmation that all manual modifications -- Addenda, Bulletins, Clarifications and Change Orders to the Project drawings executed as a part of the Contract Documents or from As-Built Information shall fall on the responsibility of the user of these files. The user acknowledges that the Contract Documents for this Project are the dated, signed, and sealed hard copy, of drawings and specifications. If a conflict exists between the electronic file and hard copies, the hard copies shall take precedence. The user agrees to the fullest extent permitted by law to indemnity and hold harmless pH7 architects, inc., against any claims resulting from the use of the provided electronic files.
  5. Supply of electronic data or other items shall not in any manner change or alter the requirements of any Contract or Subcontract Documents, or the responsibilities or liabilities of the Contractor(s) or user.
  6. The Drawings, Specifications and other documents of data prepared by ACME Architecture, Inc. are instruments of ACME Architecture, Inc. ’s service. The user shall not own or claim a copyright in the Drawings, Specifications and other documents or data prepared by ACME Architecture, Inc. shall be deemed the author of the Contract Documents and will retain all common law, statutory and other reserved rights, in addition to the copyright.
  7. Any data or documents used (other than for general building permit) shall not include or use ACME Architecture, Inc. ’s name except as otherwise agreed upon in writing.
  8. This Agreement represents the entire agreement between User and ACME Architecture, Inc. with respect to items provided herein and shall supersede any prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both ACME Architecture, Inc. . and user. Nothing in this Agreement shall create a contractual relationship with, or duties, obligations, or causes of action in favor of any third party against either Owner or ACME Architecture, Inc. .
  9. This agreement shall be governed by the laws of the State of ACME Architecture, Inc. . The person signing below represents that he/she has full authority to bind the user.

Signed: Printed Name: Title: Date: Files(s) Transmitted:

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