ESBD_357970_1714578838556_Attachment H - KFW Digital File Release.pdf

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Attached to
23-08 ASU Aviation Program Training Facility - FF&E RFP
Solicitation number
23-08_ASUAviation_FFE_RFP
Issued by
Texas

About this file

This document is an Electronic Files Disclaimer, Release, and Limitation of Liability Agreement related to the ASU Aviation Program Training Facility project. The agreement is between the architectural firm KFW Architects, Inc. and the recipient of the electronic CAD drawing files for the project. The files are not the final signed and sealed work product, and KFW does not guarantee their accuracy or completeness. The recipient agrees to use the files as "read only" and maintain them in an unaltered state, as KFW cannot be held responsible for problems arising from the files once they are out of KFW's control. The recipient also agrees to indemnify KFW against any claims or damages arising from the use or modification of the files.

The related state and local contract opportunity is a Request for Proposals (RFP) for the Furniture, Fixtures, and Equipment (FF&E) for the ASU Aviation Program Training Facility project in Texas. The RFP provides details on the project scope and information on how to access and submit proposals through the e-Builder bid portal. The submission deadline is 3:00 PM CT on Wednesday, June 5, 2024. The Texas Tech University System reserves the right to reject any or all proposals and encourages participation from historically underutilized businesses.

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KFW Architects, Inc. Electronic Files Disclaimer, Release and Limitation of Liability Agreement

37B West Concho Avenue San Angelo, TX 76903 p: 325.653.2900 www.kfwarchitects.com

ELECTRONIC FILES DISCLAIMER, RELEASE, AND LIMITATION OF LIABILITY AGREEMENT

KFW ARCHITECTS, Inc.

Project Name: ASU Aviation Program Training Facility

Architect Project No: 334-04-0723

ASU FP&C Project No: 23-08

January 30, 2024

The information contained on the electronic files (the files) for the above listed project was created by KFW Architects, Inc. (KFW).

The files are not the final signed and sealed work product for the referenced project. KFW does not guarantee that these files contain complete and accurate information. These documents must be compared to the original hard copy, with stamped and sealed certification, in order to ensure the accuracy of the information contained and to further ensure that no changes or modifications have been made to the documents.

Certification and indemnifications for the professional efforts of KFW Architects Inc. on the referenced project are solely limited to signed and sealed work products, and are not extended to these electronic files.

All electronic files are AutoCAD drawing files (*.dwg). Receiver agrees that KFW Architects, Inc. cannot provide the files in other file formats or compressed formats, and agrees to accept the files in the format provided. Receiver agrees to utilize these electronic files as “read only” or overlay attachments, and to maintain them in an unaltered state. Since it is possible to alter or revise the electronic files, receiver agrees that KFW cannot be held responsible for problems arising from files once they are out of the control of KFW.

Any use of these documents is at the receiver’s sole risk. The undersigned agrees to indemnify, defend and hold harmless KFW

Architects, Inc., its officers, agents, and employees from and against any and all claims, suits, losses, damages or costs, including reasonable attorney’s fees, arising from the use of the design files, or changes made to the design files by anyone other than KFW

Architects, Inc., or from any transfer or reuse of the electronic files. Such indemnification shall survive acceptance of said file(s) by the undersigned.

This file release extends only to the receiver and does not extend to any other parties. The recipient is not authorized to release these files to other parties without expressed and specific consent of KFW Architects, Inc.

Under no circumstances shall delivery of electronic files for use by the undersigned be deemed a sale by KFW Architects, Inc., and

KFW makes no warranties, either express or implied, of merchantability and fitness of these files for any particular purpose. In no event shall KFW Architects be liable for indirect or consequential damages as a result of the use or reuse of the electronic files.

I have read, understand and agree to this Disclaimer/Release/Limitation of Liability, and I am authorized by the receiver named below to execute this agreement on its behalf.

Company (Receiver):

Name: Title:

Signature: Date:

File details come from the government source that posted it. Updated .