Real Estate PDF Plans

REAL ESTATE PDF PLANS

This Agreement documents the delivery, permitted use, and acknowledgement of electronic plan sets in Portable Document Format (PDF) relating to the real property identified below. Provider agrees to deliver the digital plan set described herein and Recipient agrees to accept and to use such plan set only in accordance with the terms and conditions set forth in this document.

Parties and Property

Provider Name:   Recipient Name:

Description of Plan Set

Number of files delivered:   Total pages in set:

Plan Set Version Identifier:   Date of Plans (MM/DD/YYYY):

Delivery, Access and Record of Revision

Delivery method:   Delivery date (MM/DD/YYYY):

License, Use Restrictions and Intellectual Property

Provider retains all copyright and moral rights in the plan set. Provider grants Recipient a non-exclusive, non-transferable, revocable license to use the delivered PDF plans solely for the purpose of performing work on the Property specified above and solely to the extent necessary to obtain permits, bids, and to construct the improvements described in the plans. Any use beyond these purposes requires prior written consent of Provider and may be subject to additional fees.

Recipient shall not alter, publish, distribute, transmit, or create derivative works based on the plan set without Provider's prior written authorization. Recipient shall include the Provider's copyright notice and professional seals on any paper reproductions presented to third parties or authorities.

Reliance, Verification and Approvals

Recipient acknowledges that PDF plans are design documents prepared by licensed professionals and that field verification is required. Recipient will review and verify dimensions, site conditions, and code compliance prior to commencement of construction. Recipient accepts responsibility for obtaining all governmental approvals, permits, and inspections necessary for the work.

Provider represents that to the best of Provider's knowledge the plan set was prepared in accordance with the scope of services agreed between the parties. Provider makes no warranty, express or implied, regarding constructability, soil conditions, or concealed conditions not reflected in the plan set.

Fees, Reproduction and Additional Copies

Additional reproduction, printing, or modification requests shall be billed at Provider's then-current rates. Recipient shall not distribute plan set copies to third parties for construction, permitting, or marketing without Provider's written consent and without payment of any applicable reproduction or licensing fees.

Disclosures and Representations

The following representational disclosures apply to the Property and plan use. Select the applicable response for each item.

Lead-based paint present: Yes No

Known mold or moisture issues: Yes No

Prior structural damage, repairs or alterations not shown on plans: Yes No

Confidentiality and Distribution

Recipient agrees to treat the delivered plan set as confidential proprietary information of Provider. Recipient shall restrict access to the plan set to those consultants, contractors, and governmental authorities who have a demonstrable need to know and who agree to be bound by the terms of this Agreement. Recipient shall be responsible for any unauthorized distribution or disclosure by its agents, contractors, or invitees.

Indemnity, Limitation of Liability, Default and Remedies

Recipient shall indemnify and hold harmless Provider and its consultants from and against claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising out of Recipient's use, reproduction, distribution, or modification of the plan set in breach of this Agreement, except to the extent caused by Provider's gross negligence or willful misconduct.

EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE FEES PAID TO PROVIDER FOR THE DELIVERY OF THE PLAN SET.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to its choice-of-law rules. This Agreement constitutes the entire agreement between the parties with respect to delivery and use of the plan set and supersedes all prior written or oral agreements. Any modification must be in writing and signed by both parties.

Contact and Notice Information

Acknowledgements and Certifications

Provider certifies that, to Provider's knowledge, the attached plan set is complete and authentic as of the version date and was prepared or reviewed by persons authorized and licensed to perform the professional services indicated on the face of the plans. Recipient acknowledges receipt of the identified plan set and agrees to be bound by the terms and restrictions set forth in this Agreement.

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