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2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner.
<br />B. The terminating party under Paragraph 3.0LA may set the effective date of termination at a time up to 30 days later than
<br />otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the
<br />status of completed and uncompleted tasks, and to assemble Project materials in orderly files.
<br />C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full
<br />payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable
<br />expenses incurred through the effective date of termination.
<br />4.01 Successors, Assigns, and Beneficiaries
<br />A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner
<br />and Engineer (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Engineer) are hereby bound to
<br />the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said
<br />assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement.
<br />B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation,
<br />moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent
<br />that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in
<br />any written consent to an assignment, no assignment will release or discharge the assignor from any duty or
<br />responsibility under this Agreement.
<br />C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any
<br />duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety
<br />for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the
<br />sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.
<br />5.01 General Considerations
<br />A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this
<br />Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar
<br />circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this
<br />Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer
<br />and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others,
<br />including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.
<br />B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer
<br />have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction
<br />selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the
<br />Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's
<br />furnishing and performing of its work.
<br />C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located.
<br />D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to
<br />furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not
<br />responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding
<br />construction costs.
<br />E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their
<br />agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise
<br />furnishing or performing any construction work; or for any decision made regarding the construction' contract
<br />requirements, or any application, interpretation, or clarification of the construction contract other than those made by
<br />Engineer.
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<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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