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The City of Phoenix (the “City”) is making these draft model construction drawings (the “Plans”) available free of charge and “as is,” and subject to the terms and conditions of this Agreement.
No Warranty. THE PLANS ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE, PRIOR TO USE OF THE PLANS, THAT THE PLANS ARE ACCURATE, SUITABLE FOR YOUR PURPOSES AND COMPLIANT WITH ALL APPLICABLE LAWS. You expressly acknowledge and agree that neither the City nor any design professionals who prepared the Plans accept any responsibility for the accuracy or completeness of the drawings, and that both the City any design professionals who prepared these draft plans disclaim all warranties, express or implied, with respect to the Plans and your use of the same.
You Assume All Liability. IN NO EVENT SHALL THE CITY OR ITS AFFILIATES OR ANY DESIGNERS WHO PREPARED THE PLANS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLANS IN ANY MANNER, including but not limited to economic loss, damage to property, and damage for personal injury arising out of your use of the Plans.
You Expressly Agree to Engage a Design Professional and Licensed Contractor. You expressly agree that the Plans are “as is” and in draft form and that you must seek professional assistance to guide you through the design and construction of the Plans. You agree that you will have the Plans reviewed and approved by a local professional and duly licensed architect and/or engineer as well as a licensed contractor before the start of any construction. Your right to use the Plans is expressly conditioned on your agreement to engage a licensed architect and/or engineer and a licensed contractor prior to construction and to comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements, and to ascertain that the Plans are suitable for the intended site. You agree that you will maintain, and will cause your design professionals, builders and other contractors involved in the Project, to maintain sufficient liability and other insurance coverages with insurance companies licensed in the applicable locations, as necessary to cover all of your obligations under this Agreement and applicable law.
Indemnity. You agree to indemnify and defend the City and its affiliates, design professionals or other licensors who contributed to the plans, and their respecitve officers, directors, owners, agents, representatives, contractors, employees, ATTORNEYS, INSURERS and assigns of the foregoing (collectively, the "Indemnified Parties") and hold them harmless from and against any and all losses, demands, causes of action, damages, liability and costs and expenses, including reasonable attorneys' fees, incurred or sustained by any of the Indemnified Parties in connection with (i) the use, construction of, modification of, misinterpretation or alteration of, or reuse by, you or others of the Plans; (ii) any negligence or other acts or omissions by you or any of your contractors, subcontractors, suppliers, employees, designers, ARCHITECTS, engineers, consultants, advisors, agents or representatives; and (iii) any breach by you Or any of your contractors, subcontractors, suppliers, employees, designers, ARCHITECTS, engineers, consultants, advisors, agents or representatives of any of the provisions of this Agreement.