AGREEMENT FOR TRANSFER OF COMPUTER AIDED DRAFTING
(CAD) FILES ON ELECTRONIC MEDIA
For Purposes of this Agreement, KLH shall mean
Kohrs Lonnemann Heil Engineers, PSC
Additional Terms and Conditions
File Compatibility
KLH makes no representation as to the compatibility of the CAD files with any hardware or software.
Ownership of File
All information on the CAD files is considered instruments of service of KLH and shall not be used for other
projects, for additions to this project, or completion of this project by others. CAD files shall remain the
property of KLH and in no case shall transfer of these files be considered a sale. Since the information set
forth on the CAD files can be modified unintentionally or otherwise, KLH reserves the right to remove all
indication of its ownership and/or involvement from each electronic display.
Conflict with Contract Documents
KLH makes no representation regarding the accuracy, completeness, or permanence of CAD files, nor for
their merchantability or fitness for a particular purpose. Addenda information or revisions made after the
date indicated on the CAD files may not have been incorporated. In the event of a conflict between KLH's
sealed contract drawings and CAD Files, the sealed contract drawings shall govern. It is the CAD File
Recipient's responsibility to determine if any conflicts exist. The CAD files shall not be considered to be
Contract Documents, as defined by the General Conditions of the Contract for Construction.
Scale
The CAD files do not always show information to scale.
Checking and Coordination
The use of CAD files prepared by KLH shall not in any way obviate the Contractor'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.
Indemnification
The CAD File Recipient shall, to the fullest extent permitted by law, indemnify, defend and hold harmless
KLH and its subconsultants 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 CAD files by the CAD File Recipient, or by
third party recipients of the CAD Files from the CAD File Recipient.
Licensing Fees
KLH believes that no licensing or copyright fees are due to others on account of the transfer of the CAD
Files, or to the extent any are, the CAD File Recipient will pay the appropriate fees and hold KLH harmless
from such claims.
Purchase Order
Any purchase order number provided by the CAD File Recipient is for the CAD File Recipients accounting
purposes only. Purchase order terms and conditions are void and are not a part of this agreement.
Payment
Payment of the service fee is due upon receipt of the CAD Files.
Applicable Law
This Agreement shall be governed by the laws of the State of Kentucky.