Design Revised Drawing

DESIGN REVISED DRAWING

This Design Revised Drawing Agreement (the Agreement) is entered into effective as of between Client Name: and Designer Name: .

WHEREAS

WHEREAS, Designer prepared certain design drawings for the Project identified as Project Name: (the Project); and

WHEREAS, Client has requested revisions and Designer has produced a revised drawing set identified as Revision Number: dated ; and

WHEREAS, the parties desire to document the scope, pricing adjustments (if any), and acceptance criteria for the revised drawing set.

SCOPE OF WORK

Designer shall perform the revisions and deliverables described below. The revised drawings shall supersede prior drawing sheets to the extent specified herein and shall be incorporated into the Project documents upon Client acceptance.

DELIVERY AND ACCEPTANCE

Designer shall deliver the revised drawing set by Delivery Method: . Client shall have days from delivery to review and either accept in writing or provide written comments identifying deficiencies.

By checking below, Client acknowledges review and acceptance of the revised drawings as meeting the Scope of Work, subject to any corrections noted in the Acceptance Comments field.

ATTACHMENTS

Attached items included with this revised drawing submission: list attachments and sheet numbers below.

PAYMENT TERMS

Client shall pay Designer for the revised drawing services as follows. Any change in fee or schedule resulting from requested revisions shall be documented in a signed change order prior to commencement of such additional work.

Late payments shall bear interest at the rate of on outstanding amounts, and Client shall be responsible for reasonable collection costs and attorneys' fees incurred by Designer in collecting overdue amounts.

TERM AND TERMINATION

This Agreement commences on Start Date: and, unless earlier terminated, shall expire on End Date: or upon final acceptance by Client and payment by Client of all amounts then due.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within after written notice. Termination for convenience by Client requires prior written notice and payment for work performed to date.

CONFIDENTIALITY

Each party shall treat as Confidential Information all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. Confidential Information shall not include information that is or becomes publicly known through no fault of the receiving party, is rightfully received from a third party without restriction, or is independently developed.

The obligations of confidentiality shall survive termination for a period of from the date of disclosure.

REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

Designer represents that the revised drawings will be prepared with the professional skill and care ordinarily provided by designers practicing under similar conditions. Client acknowledges that Designer's drawings are instruments of service and Designer retains ownership of the drawings and related intellectual property unless otherwise assigned in writing.

Except for the express warranty above, Designer disclaims all other warranties, express or implied. In no event shall either party be liable to the other for consequential, incidental, special or punitive damages arising out of this Agreement, and Designer's aggregate liability for any claim shall not exceed the fees paid to Designer under this Agreement for the revised drawing services.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

ENTIRE AGREEMENT

This Agreement, together with any attached exhibits and approved change orders, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below or to such other address as a party may designate by notice in accordance with this section.

CHANGE ORDERS

Any alterations or additional work beyond the Scope of Work shall be authorized only by a written change order signed by both parties specifying scope, price, and schedule adjustments. Designer shall not commence out-of-scope work without such executed change order.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other party, except that Designer may assign to an affiliate or successor in interest.

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