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assigns of Owner and Consultant) are hereby bound to the other party to this Agreement and to the
<br />successors, executors, administrators, and legal representatives (and said assigns) of such other
<br />party, in respect of all covenants, agreements, and obligations of this Agreement.
<br />B. Neither Owner nor Consultant may assign, sublet, or transfer any rights under or interest (including,
<br />but without limitation, moneys that are due or may become due) in this Agreement without the
<br />written consent of the other, except to the extent that any assignment, subletting, or transfer is
<br />mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an
<br />assignment, no assignment will release or discharge the assignor from any duty or responsibility
<br />under this Agreement.
<br />C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create,
<br />impose, or give rise to any duty owed by Owner or Consultant to any contractor, subcontractor,
<br />supplier, other individual or entity, or to any surety for or employee of any of them. All duties and
<br />responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of
<br />Owner and Consultant and not for the benefit of any other party.
<br />5.01 General Considerations
<br />A. The standard of care for all professional Consulting and related services performed or furnished by
<br />Consultant under this Agreement will be the care and skill ordinarily used by members of the
<br />subject profession practicing under similar circumstances at the same time and in the same locality.
<br />Consultant makes no warranties, express or implied, under this Agreement or otherwise, in
<br />connection with Consultant's services. Subject to the foregoing standard of care, Consultant and its
<br />consultants may use or rely upon design elements and information ordinarily or customarily
<br />furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers,
<br />regulatory authorities and the publishers of technical standards.
<br />In
<br />C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is
<br />located.
<br />1]
<br />E. To the fullest extent permitted by law, Owner and Consultant (1) waive against each other, and the
<br />other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims
<br />for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting
<br />from, or in any way related to the Project, and (2) agree that Consultant's total liability to Owner
<br />under this Agreement shall be limited to $50,000 or the total amount of compensation received by
<br />Consultant, whichever is greater.
<br />F. The parties acknowledge that Consultant's scope of services does not include any services related to
<br />a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous
<br />substances or waste as defined by the Comprehensive Environmental Response, Compensation and
<br />Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Consultant or any other party
<br />encounters a Hazardous Environmental Condition, Consultant may, at its option and without
<br />liability for consequential or any other damages, suspend performance of services on the portion of
<br />the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors
<br />to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental
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