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B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a
<br />time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose
<br />value would otherwise be lost, to prepare notes as to the status of completed and
<br />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
<br />Owner and to receive full payment for all non -disputed services performed or furnished in
<br />accordance with this Agreement and all reimbursable expenses incurred through the
<br />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
<br />legal representatives of Owner and Engineer (and to the extent permitted by Paragraph
<br />4.013 the assigns of Owner and Engineer) are hereby bound to the other party to this
<br />Agreement and to the successors, executors, administrators, and legal representatives (and
<br />said assigns) of such other party, in respect of all covenants, agreements, and obligations of
<br />this Agreement.
<br />B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest
<br />(including, but without limitation, moneys that are due or may become due) in this
<br />Agreement without the written consent of the other, except to the extent that any
<br />assignment, subletting, or transfer is mandated or restricted by law. Unless specifically
<br />stated to the contrary in any written consent to an assignment, no assignment will release or
<br />discharge the assignor from any duty or responsibility under this Agreement.
<br />C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to
<br />create, impose, or give rise to any duty owed by Owner or Engineer to any contractor,
<br />subcontractor, supplier, other individual or entity, or to any surety for or employee of any of
<br />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
<br />furnished by Engineer under this Agreement will be the care and skill ordinarily used by
<br />members of the subject profession practicing under similar circumstances at the same time
<br />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
<br />standard of care, Engineer and its consultants may use or rely upon design elements and
<br />information ordinarily or customarily furnished by others, including, but not limited to,
<br />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
<br />contractor's work, nor shall Engineer have authority over or be responsible for the means,
<br />methods, techniques, sequences, or procedures of construction selected or used by any
<br />contractor, or the safety precautions and programs incident thereto, for security or safety at
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<br />EJCDC E-500 Agreement Between Owner and Engineer ror Professional Services
<br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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