In accepting and utilizing any drawings or other data on any form of electronic media generated and provided by The Kagan Company, the Client covenants and agrees that all such drawings and data are instruments of service of The Kagan Company, who shall be deemed the author of the drawings and data, and shall retain all common law, statutory law and other rights, including copyrights.

The Client further agrees not to use these drawings and data, in whole or in part, for any purpose or project other than the project which is the subject of this Agreement.  The Client agrees to waive all claims against The Kagan Company resulting in any way from any unauthorized changes or reuse of the drawings and data for any other project by anyone other than The Kagan Company.

The Client agrees, to the fullest extend permitted by law, to indemnify and hold The Kagan Company harmless from any claim, liability or cost (including reasonable attorney’s fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of the construction documents by the Client or any person or entity that acquires or obtains the plans and specifications from or through the Client without the written authorization of The Kagan Company.