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Electronic Transfer Agreement <br /> <br />It is expressly understood that the Computer-Aided Design (“CAD”) files are being <br />provided only for use in the event Consultant is unable to provide services to the City for the <br />Pre-Approval ADU program. CAD files, like any electronic data, transferred in any manner or <br />translated from the system and format used by the design professionals on this Project to <br />another system or format are subject to errors and modifications that may affect the accuracy <br />and reliability of the data, and, in addition, that electronic data may be altered or corrupted <br />whether inadvertently or otherwise. As a result, no representations or warranties, whether <br />expressed or implied, as to the accuracy of the CAD files transferred are made herein. As the <br />accuracy of the CAD files cannot be warranted or guaranteed, it is issued as supplemental <br />information only and must be read in conjunction with the contract documents, and to the extent <br />there are any discrepancies between the CAD files and the contract documents, the physical <br />contract documents must be relied upon. City acknowledges that 1) the CAD files are to be read <br />in conjunction with all construction documents, addenda and supplemental contract documents, <br />and 2) the CAD files are not to be used for fabrication or construction of any kind. <br />Notwithstanding the above, it is understood that City is subject to the California Public Records <br />Act (Gov. Code § 6250 et seq.). If a request under the California Public Records Act is made to <br />view Consultant’s CAD files, City shall use reasonable efforts to notify Consultant of the request <br />and the date that such records will be released to the requester unless Consultant obtains a <br />court order enjoining that disclosure. If Consultant fails to obtain a court order enjoining that <br />disclosure, City will release the requested information on the date specified. City and Consultant <br />shall not be liable for use of the CAD files by a third party that has not been authorized to use <br />such files by City.