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on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Contractor. § 7.6 Digital Data Use and Transmission Contractor may agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. § 7.7 Confidential Software and Confidential Information. Contractor may include and utilize software and other specialty tools such as: Metrix, Perfectware Facility Management Software, and other proprietary energy and savings calculation tools (the "Contractor's Software"). These items are the property of the Contractor and, along with Contractor's technical and pricing data, are Confidential Information providing Contractor with a competitive advantage in the marketplace. Hence, any unauthorized disclosure of the Software or the Confidential Information to any third party will cause irreparable harm to Contractor and no remedy at law will be adequate to compensate for this harm to Contractor. Owner agrees Contractor may obtain a temporary restraining order and preliminary and permanent injunctive relief against Owner, without the requirement of posting a bond, m prevent the disclosure of the Software or the Confidential Information to any third party. Owner shall pay Contractor all court costs and reasonable attorneys' fees incurred by Contractor in pursuing such equitable relief. § 7.7.1 In the event there is any public records request for the Confidential Information (a"Public Records Request"), Owner immediately shall notify Contractor and Owner shall raise all proprietary, trade secret and other applicable exceptions under the Freedom of Information Act to the Public Records Request and abide by any Orders of Court of appropriatejurisdiction adjudicating such exception. § 7.7.2 Systems and software purchased by Owner such as direct digital control, metering and monitoring systems and associated software that are included as part of this Agreement become the Owner's property upon Final Completion. Future software updates, upgrades, renewal and maintenance fees are the responsibility of the Owner unless specifically defined as part of Contractor's obligation under this Agreement. § 7.8 Severability The invalidity or illegality of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable and the Contract shall not be deemed void or voidable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. § 7.9 Notice § 7.9.1 Where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. ARTICLE OWNER § &1 Information and Services Required of the Owner § 8.1.1 Prior to commencement of the Work, the Owner shall furnish to the Contractor reasonable evidence, which is satisfactory to Contractor, that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 8. L I, the Contract Time shall he extended appropriately. § 8.1.21n addition to the requirements of Section L I, the Owner shall furnish all necessary surveys of all sites of the Work where any Work is to be erected. § 8.1.3 The Contractor shall be entitled to rely on the accuracy of Owner's Information but shall exercise proper precautions relating to the safe performance of the Work. Contractor is not responsible for undisclosed, pre-existing system deficiencies or problems. Such examples include but are not limited to existing leaking valves, leaking or under -sized piping, leaking or under -sized ductwork, under -sized equipment, insufficient outside air, etc. § &1.4 Except for securing permits and paying fees that are the responsibility of the Contractor under the Contract Documents, if any, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary Page 5 of I8