OR ANY PART THEREOF,
LANDLORD SHALL NOT BE LIABLE IN ANY MANNER FOR PAYMENT TO ["CONTRACTOR" /
"SUBCONTRACTOR" / "MATERIALMAN"] IN CONNECTION WITH THE WORK PERFORMED AT THE
DEMISED PREMISES AND/OR THE COMMON ELEMENTS.
(C)
["CONTRACTOR" / "SUBCONTRACTOR" / "MATERIALMAN"] HEREBY AGREES TO
MAKE AVAILABLE FOR INSPECTION BY THE LANDLORD, DURING REASONABLE BUSINESS HOURS,
["CONTRACTOR'S" / "SUBCONTRACTOR'S" / "MATERIALMAN'S"] BOOKS AND RECORDS
RELATING TO THE ALTERATIONS / CONDEMNATION RESTORATION / RESTORATION (AS ALL
DEFINED IN THE LEASE) BEING PERFORMED OR THE ACQUISITION OF ANY MATERIAL OR
EQUIPMENT TO BE INCORPORATED INTO THE DEMISED PREMISES AND/OR THE COMMON
ELEMENTS.
79
(D)
THE LANDLORD IS NOT PARTY TO THIS ["CONTRACT" / "AGREEMENT"] AND
WILL IN NO WAY BE RESPONSIBLE TO ANY PARTY FOR ANY CLAIMS OF ANY NATURE
WHATSOEVER ARISING OR WHICH MAY ARISE FROM SUCH ["CONTRACT" / "AGREEMENT"].
(E)
ALL COVENANTS, REPRESENTATIONS, GUARANTIES AND WARRANTIES OF
["CONTRACTOR" / "SUBCONTRACTOR" / "MATERIALMAN"] SET FORTH IN THE PRECEDING FOUR
PARAGRAPHS SHALL BE DEEMED TO BE MADE FOR THE BENEFIT OF THE LANDLORD AND SHALL
BE ENFORCEABLE BY THE LANDLORD.
SECTION 9.4
USE OF PLANS AND SPECIFICATIONS.
LANDLORD SHALL HAVE THE RIGHT TO USE, WITHOUT ANY PAYMENT OR OTHER COMPENSATION
BY LANDLORD THEREFOR, SOLELY FOR THE PURPOSES SET FORTH IN THE FOLLOWING
SENTENCE, (A) THE APPROVED SCHEMATIC DESIGN PLANS, THE DESIGN DEVELOPMENT PLANS,
THE FINAL PLANS AND SPECIFICATIONS AND ANY ALTERATION PLANS AND SPECIFICATIONS,
(B) ANY SURVEYS AND "AS BUILT" PLANS SHOWING THE APPLICABLE ALTERATION, AND
(C) ANY OTHER PLANS AND SPECIFICATIONS WITH RESPECT TO SUCH ALTERATION.
LANDLORD SHALL HAVE THE RIGHT TO USE THE ITEMS ENUMERATED IN CLAUSES (A) THROUGH
(C) ABOVE TO FACILITATE THE EXERCISE OF ITS RIGHTS UNDER THIS LEASE AND,
SUBSEQUENT TO THE EXPIRATION OR TERMINATION OF THIS LEASE WHERE LANDLORD RETAINS
TITLE TO THE DEMISED PREMISES OR THE COMMON ELEMENTS, FOR THE CONSTRUCTION, USE,
OPERATION AND ALTERATION OF THE DEMISED PREMISES OR THE COMMON ELEMENTS AND
OTHER PURPOSES INCIDENTAL THERETO; SUBJECT, HOWEVER, TO THE FOLLOWING
RESTRICTIONS:
(I)
THE WORK PRODUCT OF THE DESIGN ARCHITECT (THE "DA WORK PRODUCT") MAY BE
USED ONLY FOR THE COMPLETION OF THE ALTERATION IN QUESTION OR FOR REFERENCE
PURPOSES FOR ADDITIONS, EXTENSIONS, REMODELING OR MODIFICATION OF THE ALTERATION
IN QUESTION NOT DESIGNED BY THE DESIGN ARCHITECT; HOWEVER, OWNERSHIP RIGHTS TO
SAID DA WORK PRODUCT AND RIGHTS THEREFROM MAY NOT BE TRANSFERRED TO ANOTHER
PARTY FOR ITS USE IN THE DESIGN OF ANOTHER PROJECT;
(II)
DESIGN ARCHITECT RETAINS ALL STATUTORY AND RESERVE RIGHTS, INCLUDING
COPYRIGHT, TO TYPICAL OR STANDARD DESIGN DETAILS, DEPICTIONS, INSTRUCTIONS AND
SPECIFICATIONS REGULARLY USED BY THE DESIGN ARCHITECT IN THE ORDINARY COURSE OF
ITS ARCHITECTURAL PRACTICE;
(III)
DESIGN ARCHITECT RETAINS THE RIGHT TO PUBLISH IMAGES AND APPROPRIATE
TECHNICAL INFORMATION FROM DESIGN ARCHITECT'S WORK IN PROFESSIONAL JOURNALS AND
FOR PORTFOLIO PUBLICITY PURPOSES;
(IV)
DESIGN ARCHITECT IS NOT RESPONSIBLE FOR ERRORS OR DISCREPANCIES ON ANY
ELECTRONIC PORTABLE MEDIA ON WHICH DESIGN ARCHITECT'S DESIGN DOCUMENTS ARE
TRANSFERRED EXCEPT TO THE EXTENT THAT SUCH ERRORS OR INCONSISTENCIES ARE CAUSED
BY OR CONTRIBUTED TO BY DESIGN