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B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up <br />to 30 days later than otherwise provided to allow Ew&ww Architect to complete tasks whose value <br />would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and <br />to assemble Project materials in orderly files. <br />C. In the event of any termination under Paragraph 3.01, Engineel, Architect 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 effective date <br />of termination. <br />4.01 Successors, Assigns, and Beneficiaries <br />A. Owner and p iaeer Architect are hereby bound and the successors, executors, administrators, and <br />legal representatives of Owner and Engineer Architect (and to the extent permitted by Paragraph <br />4.01.B the assigns of Owner and r Architect) are hereby bound to the other parry to this <br />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 <br />Agreement. <br />B. Neither Owner nor `� Architect 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 Agreement <br />without the written consent of the other, except to the extent that any assignment, subletting, or <br />transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written <br />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, <br />impose, or give rise to any duty owed by Owner or En#imff Architect to any contractor, <br />subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. <br />All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and <br />exclusive benefit of Owner and Eagineff Architect and not for the benefit of any other party. <br />5.01 General Considerations <br />The standard of care for all professional eagineefing design and related services performed or <br />furnished by E+qonreer Architect 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 and in <br />the same locality. Engineer Architect makes no warranties, express or implied, under this <br />Agreement or otherwise, in connection with Engine Architect's services. Subject to the <br />foregoing standard of care, Engineef Architect and its consultants may use or rely upon design <br />elements and information ordinarily or customarily furnished by others, including, but not limited <br />to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. <br />B. Finginee Architect shall not at any time supervise, direct, control, or have authority over any <br />contractor's work, nor shall Ewgineef Architect have authority over or be responsible for the means, <br />methods, techniques, sequences, or procedures of construction selected or used by any contractor, <br />or the safety precautions and programs incident thereto, for security or safety at the Project site, nor <br />Page 3 <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. <br />