ST0701-CS090615(8/30/2011) Keith Marvin - CADD Release Page 1
From: "Littleton, Dave" <dlittleton @halff.com>
To: "Matt Oyen" <MattO @PacTrust.com >, "Keith Marvin" <kmarvin @ci.coppell.tx.us>
Date: 6/15/2009 10:02 AM
Subject: CADD Release
Attachments: Sinacola CADD Release (2009- 06- 15).pdf
Matt and Keith, here is the form of CADD release we are sending. Please
let me know if you have any comments.
B. David Littleton, P.E.
Vice President
HALFF ASSOCIATES, INC.
1201 N. Bowser Road
Richardson, Texas 75081
Phone 214 - 346 -6200
Fax 214 - 739 -0095
www.halff.com
mom 1201 North Bowser Road
mom HALFF Richardson, Texas 75081
mom (2'14) 346 -6200
Fax (214) 739 -0095
ELECTRONIC DATA TRANSFER AGREEMENT
PROJECT NAME: Mo I�var' ENGINEER: Halff Associates, Inc.
LOCATION: AVO: 24732125816
RECIPIENT: S
Wherein Ia ` a hereinafter referred to as "Recipient ", has requested from the Engineer, copies of electronic
information including, but not limited to, CARD Data of Plans or other data relative to Contract Document drawings for the Southwestern
Boulevard Improvements, hereinafter collectively referred to as "Electronic Data ", which Electronic Data was prepared by the Engineer
for the referenced project, hereinafter referred to as "Project ".
The Recipient and the Engineer agree that any Electronic Data, submitted by the Engineer to the Recipient are submitted for
an acceptance period of 5 working days. Any defects (defined in this agreement as corrupted files and other reasonably related data
anomalies) in the electronic data transfer or protocol that the Recipient discovers during this period will be reported to the Engineer and
will be corrected as part of the Engineers Basic Scope of Services.
The Recipient acknowledges the Engineer's Electronic Data, including all documents on electronic media, as instruments of
professional service. Nevertheless, the Electronic Data prepared under this Agreement are provided for Recipient's use but such
transfer is not a sale and no ownership rights are conveyed from Engineer to Recipient.
The Recipient further agrees not to use these drawings and data, in whole or in part, for any purpose or project other than the
project for which they are intended.
The Recipient agrees to indemnify, defend, hold harmless and release Engineer any and all liability, to the fullest extent
permitted by law, and to hold harmless and indemnify Engineer and and their respective shareholders, directors, employees and its other
consultants (collectively referred to as "Indemnitees ") against any and all claims, liabilities, losses, damages, or costs, including but not
limited to reasonable attorneys' fees, expert witness fees, court costs, etc. arising out of, or in any way connected with the unauthorized
use, modification, misinterpretation, misuse, or reuse of Electronic Data provided by the Engineer or if such use is by Recipient or
any person or entity who acquires or obtains the Electronic Data under this indemnification Agreement, even if the alleged claims or
damages are based on the acts, negligence, or errors of the Indemnitees. The foregoing indemnification and defense obligation applies,
without limitation, to any use or reuse of the Electronic Data on this Project or other projects or additions to this Project, or for completion
of this Project by others.
The transfer of Electronic Data is provided as a service and under no circumstances shall such transfer be deemed a sale by
Engineer. Furthermore, Engineer makes no warranty, either express or implied, of merchantability or fitness for a particular purpose. In
no event shall the Engineer be liable for any consequential damages, which includes, but is not limited to loss of profit or use.
Note that Electronic Data provided are not for use as approved construction drawings.
Agreed to this day of 2009
Agreed to by:
Mario Sinacola & Sons
Ron McAvoy
10950 Research Rd.
Frisco, TX 75034
Agreed to by:
Halff Associates, Inc.
1201 North Bowser Road
Richardson, TX 75081
Name (Type or Print)
Authorized Signature
Name (Type or Print)
Authorized Signature