06. Jail addition architectural agreement with Klein McCarthy

Agreement for Transfer of Files on Electronic Media 952.908.9990 Page 1 6465 Wayzata Boulevard, Suite 410 952.908.9991 fax St. Louis Park, MN 55426 AGREEMENT made as of October 3, 2022 BETWEEN the Architect: Klein McCarthy Architects 6465 Wayzata Boulevard Suite 410 St. Louis Park, MN 55426 And the “Receiving Party”: Cass County Cass County Government Center 211 South 9th Street Fargo, ND 58108-2806 For the following project: Cass County Jail Housing Addition Design and Construction Administration Architect’s Project Number 220400 TERMS AND CONDITIONS 1. The purpose of this Agreement is to grant license from the Architect to the Receiving Party for the use of the Architect’s electronic media. 2. This Agreement does not create any other contractual relationship between the Architect and the Receiving Party. 3. Architect makes no representation as to the compatibility of the files with Receiving Party’s hardware or software. 4. Since the information set forth on the files can be modified unintentionally or otherwise, the Architect reserves the right to remove indicia of its ownership and/or involvement from each electronic display. This media should not be considered a certified document. 5. Information on the files is considered instruments of service of the Architect and shall not be used for other projects, for additions to this project, or completion of this project by others. Files shall remain the property of the Architect and / or their consultants, and in no case shall the transfer of these files be considered a sale. 6. Architect makes no representation regarding the accuracy, completeness, or permanence of files, nor for their merchantability or fitness for a particular purpose. Addenda information or revisions made after the date indicated on the files may not have been incorporated. In the event of a conflict between the signed and sealed Contract Drawings and files, the sealed Contract Drawings shall govern. It is the Receiving Party’s responsibility to determine if any conflicts exist. The files shall not be considered to be Contract Documents as defined by the General Conditions of the Contract for Construction. 7. The use of files prepared by the Architect shall not in any way obviate the Receiving Party’s responsibility for the proper checking and coordination of dimensions, details, member sizes and gage, and quantities of materials as required to facilitate complete and accurate fabrication and erection. 8. The Receiving Party shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the Architect, and its sub-consultants from all claims, damages, losses, expenses, penalties and liabilities of any kind, including attorney’s fees, arising out of or resulting from the use of the files by the Receiving Party, or by third party recipients of the files from the Receiving Party.