have the benefit of any limitations or exclusions of their liability contained in the BIM Protocol. Where a BIM Protocol Does Not Apply If the Contract Particulars state that a BIM Protocol does not apply then: if it is stated in the Contract Particulars that the Supplier is to act as the BIM Information Manager, the Supplier shall act as a the BIM Information Manager for the Project as more fully set out in the BIM Documents; if it is not stated in the Contract Particulars that the Supplier is to act as the BIM Information Manager, the Supplier shall comply with the reasonable instructions of the BIM Information Manager in relation to the BIM Documents; The Contracting Authority grants to the Supplier, with immediate effect, an irrevocable, non-exclusive, non-terminable, royalty-free licence (or, as the case may be, sub-licence) including the right to grant sub-licences (or, as the case may be, sub-sub-licences), to copy and make full use of the Material produced in accordance with the BIM Documents by or on behalf of the Contracting Authority (including any produced by the Contractor or another member of the Professional Team) for the purpose of performing the Services and complying with the BIM Documents; Clause 16.3 shall have no effect and neither Party shall be liable to the other for: any use of Material created by (or on behalf of) it for any purpose other than that for which that Material was prepared and/or provided; or any amendment or modification of Material produced in accordance with the BIM Documents, except where such amendment or modification: was made with the consent (not to be unreasonably withheld) of the party that produced it (or on whose behalf it was produced); was permitted by the BIM Documents; or
have the benefit of any limitations or exclusions of their liability contained in the BIM Protocol. Where a BIM Protocol Does Not Apply If the Contract Particulars state that a BIM Protocol does not apply then: if it is stated in the Contract Particulars that the Supplier is to act as the BIM Information Manager, the Supplier shall act as a the BIM Information Manager for the Project as more fully set out in the BIM Documents; if it is not stated in the Contract Particulars that the Supplier is to act as the BIM Information Manager, the Supplier shall comply with the reasonable instructions of the BIM Information Manager in relation to the BIM Documents; The Contracting Authority grants to the Supplier, with immediate effect, an irrevocable, non-exclusive, non-terminable, royalty-free licence (or, as the case may be, sub-licence) including the right to grant sub-licences (or, as the case may be, sub-sub-licences), to copy and make full use of the Material produced in accordance with the BIM Documents by or on behalf of the Contracting Authority (including any produced by the Contractor or another member of the Professional Team) for the purpose of performing the Services and complying with the BIM Documents; Clause 16.3 shall have no effect and neither Party shall be liable to the other for: any use of Material created by (or on behalf of) it for any purpose other than that for which that Material was prepared and/or provided; or any amendment or modification of Material produced in accordance with the BIM Documents, except where such amendment or modification: was made with the consent (not to be unreasonably withheld) of the party that produced it (or on whose behalf it was produced); was permitted by the BIM Documents; or
PMFDTS%20Call%20Off%20Agreement%20Template%20%284b%20CCS%20Terms%29%20V%203.docx