BIM Property Rights and Limitations of Liability

File Transmittal – Property Rights and Limitations of Liability

Project Name:

Project Address:

Swinerton Builders Project Number:

June 30, 2014

AGREEMENT:

Swinerton Builders is providing REPLACE computer files containing electronic data and building information models (BIM) to be utilized in the production of REPLACE’s own drawings and other submittals for the referenced project.

We are transmitting to you the attached information. This transmittal is subject to the following conditions to which you agree by accepting these terms on a reply to this message or using the information in any manner, including but not limited to by copying or using the information for reference.

1. REPLACE accepts this BIM file from Swinerton Builders without any warranties, guarantees, or other representation of any nature concerning the accuracy or completeness of any information described or contained therein with respect to any dimensions, measurements, fit, field construction conditions, or criteria.  The use of these BIM files for any purpose is at the sole risk of REPLACE and/or any third party to which REPLACE may release information.  REPLACE further agrees to release, indemnify and hold harmless Swinerton Builders with respect to any claims, cost, and/or liability arising between Swinerton Builders and REPLACE and/or any third party to whom REPLACE may release information, arising out of or relating to the accuracy and/or completeness of this BIM information.

2. Should REPLACE use the BIM file to assist in the preparation and/or production of shop drawing and/or other submittals, REPLACE and/or any third party to whom REPLACE may release information shall have the sole responsibility to prepare, coordinate, check and detail these shop drawings and/or other submittals.  REPLACE is responsible for coordination of this information with the construction set of documents and field conditions, all as required by the Contract Documents.

3. The materials contained in the BIM file are the instruments of service of Swinerton Builders for the use solely with respect to this Project. Swinerton Builders shall be deemed the author of these documents and shall retain all contractual, common law, statutory, and other reserved rights including copyright thereto.

4. These files have been generated by Revit Architecture 2013.  We are not responsible for any errors caused by the transmission, your software or your computer systems.

5. If you discover any errors or omissions in the information, you will promptly notify us so that we can make any necessary corrections.

6. REPLACE acknowledges that the information contained in the BIM file is specific and confidential and is intended solely for the exclusive use on the referenced Project. These CAD files shall not be copies, altered, or used for any other project without specific written authorization from Swinerton Builders.

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Authorized Signature                                                                                        Date

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