Type Your Full Name. This signature acknowledges the terms and conditions specified on below. IP: 220.127.116.11
AGREEMENT FOR TRANSFER OF ELECTRONIC MEDIA
For Purposes of this Agreement, KLH shall mean Kohrs Lonnemann Heil Engineers, Inc., and CAD shall refer to the electronic media to be transferred (be it AutoCAD, Revit, BIM, etc.)
Additional Terms and Conditions
KLH makes no representation as to the compatibility of the Media files with any hardware or software.
Ownership of File
Media is considered an instrument of service of KLH and the sole property of KLH. Recipient is granted permission to use the Media for the limited purpose set forth in the Intent of Use. KLH reserves the right to terminate such permission at any time for any reason. Media shall not be used for other projects, for additions to this project, or completion of this project by others. Media shall remain the property of KLH and in no case shall transfer of these files be considered a sale. Because data stored in electronic media format can deteriorate, be modified inadvertently or otherwise without the authorization of KLH, the Recipient of Media agrees to having accepted the data as informational. KLH reserves the right to remove all indication of its ownership and/or involvement from Media. Upon written request by KLH, Recipient shall return the Media to KLH.
Media shall not be used by any person, firm or corporation for any purpose not expressly stated above in Intent of Use without the expressed written consent of KLH.
Media versus Contract Documents
Media files and the data contained are not part of, an extension of, or an alteration of the contract documents. KLH makes no representation regarding the accuracy, completeness, or permanence of Media, nor for their merchantability or fitness for a particular purpose. Addenda, Bulletins, RFI Responses, and accepted Change Orders may or may not be represented within the Media. It is the Media File Recipient's responsibility to determine if conflicts exist.
Checking and Coordination
The use of Media shall not in any way obliviate the Contractor's responsibility from proper checking and coordination of dimensions, details, member sizes and gauge, and quantities of materials as required to facilitate complete and accurate fabrication and erection as outlined in General Conditions of the Contract for Construction.
The Media Recipient shall, to the fullest extent permitted by law, indemnify, defend and hold harmless KLH and its subconsultants from all claims, damages, losses, expenses, penalties and liabilities of any kind, including attorney's fees arising out of or resulting from the use of Media by the Recipient, or by Third Party Recipients of the Media.
Third Party Recipients
Any Third Party Recipient of Media shall be bound by this Agreement to operate within the stated Intent of Use above. It shall be the responsibility of the Recipient to share this Agreement to all Third Party Recipients and bind them to this Agreement.
This Agreement shall be governed by the laws of the State of Kentucky.