Release agreement for ELECTRONIC FILES
Whereas the Client of the reference project has requested and/or released Tysinger, Hampton & Partners, Inc. (TH&P)and its consultants, hereinafter referred to as TH&P, to make copies of electronic data, developed by TH&P, available to the Client, its consultants and contractors, hereinafter referred to as User, for purposes of convenience. The release and use of the enclosed and/or downloadable manipulatable/writable electronic data, hereinafter called “Electronic Files”, is subject to the following terms and conditions of use, hereinafter called the “Release Agreement”. The User agrees that any use of the electronic files received constitutes acceptance of the Release Agreement. All rights not expressly granted herein are reserved. Consultants under a fully executed written contract with TH&P for the referenced project are exempted from this Release Agreement.
Under no circumstances shall delivery and/or receipt of the Electronic Files by the User be deemed a sale by TH&P and TH&P makes no warranty, express or implied, of merchantability and fitness for any purpose in connection with the service of providing access to and/or the release of Electronic Files, or that the Electronic Files will be usable or accurate. In no event shall TH&P be liable for any loss of profit or any consequential damages.
TH&P makes no representation as to the compatibility of the Electronic Files with the User’s hardware and/or software. Data contained in the Electronic Files is part of TH&P’s instruments of service and shall not be used by the User or anyone else receiving this data through or from the User for any purpose other than as a convenience for the referenced project. The User agrees to make no claim and hereby waive, to the fullest extent permitted by law, any claim or cause of action of any nature against TH&P, its officers, directors, employees, agents and/or subconsultants which may arise out of or in connection with your use of the Electronic Files.
Because of the information stored in electronic form can be modified by other parties, intentionally or otherwise without notice or indication of said modifications, TH&P reserves the right to remove all indices and indications of its ownership and/or involvement in material from each electronic medium not held in its possession. This material shall not be used by the Users or transferred to any other party for use in any other projects, additions to the referenced project or for any other purpose for which the material was not strictly intended by TH&P without our express written permission. Any unauthorized modification or reuse of the material shall be at the Users sole risk, and the User agrees to defend, indemnify and hold TH&P harmless from all claims, injuries, damages, losses, expenses and attorney’s fees arising out of the modification or use of these materials.
These Electronic Files are not Contract Documents. Significant differences may exist between these Electronic Files and corresponding hard copy Contract Documents due to addenda, change orders or other revisions. TH&P makes no representation regarding the accuracy or completeness of the Electronic Files. In the event that a conflict arises between the signed Contract Documents prepared by TH&P and Electronic Files, the signed Contract Documents shall govern. The User is responsible for determining if any conflict exists. By use of these Electronic Files, the Users are not relieved of their duty to fully comply with the Contract Documents, including and without limitation, the need to check, confirm and coordinate all dimensions and details, take field measurements, verify field conditions and coordinate your work with that of other Contractors for the referenced project.
TH&P further reserves the right to modify, amend or nullify the Release Agreement without notice at any time. It is therefore important that the User read the Release Agreement regularly to ensure that you the User are updated as to any changes.