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B, The terminating party under Paragraph 3.01.A may set the effective date of termination at a time
<br />up to 30 days later than otherwise provided to allow Architect to complete tasks whose
<br />value would otherwise be lost, to prepare notes as to the status of completed and uncompleted
<br />tasks, and to assemble Project materials in orderly files.
<br />C. In the event of any termination under Paragraph 3.01, EngiH@ Architect will be entitled
<br />to invoice Owner and to receive full payment for all non -disputed services performed or furnished
<br />in accordance with this Agreement and all reimbursable expenses incurred through the effective
<br />date of termination.
<br />4.01 Successors, Assigns, and Beneficiaries
<br />A. Owner and gmArchitect are hereby bound and the successors, executors, administrators,
<br />and legal representatives of Owner and iweof Architect (and to the extent permitted by
<br />Paragraph 4.01.13 the assigns of Owner and i .. Architect) are hereby bound to the other
<br />party to this Agreement and to the successors, executors, administrators, and legal representatives
<br />(and said assigns) of such other party, in respect of all covenants, agreements, and obligations of
<br />this Agreement.
<br />B. Neither Owner nor Q*ter: 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 P�",e" 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 r Architect and not for the benefit of any other party.
<br />5.01 General Considerations
<br />A. The standard of care for all professional eagineefiog design and related services performed or
<br />firrnished by ''` iom- 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. Fingineof Architect makes no warranties, express or implied, under this
<br />Agreement or otherwise, in connection with Engineer Architect's services. Subject to the
<br />foregoing standard of care, bngjiww 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. Bagin"r Architect shall not at any time supervise, direct, control, or have authority over any
<br />contractor's work, nor shall Enginwt. Architect have authority over or be responsible for the means,
<br />methods, techniques, sequences, or procedures of construction selected or used by any contractor, or
<br />the safety precautions and programs incident thereto, for security or safety at the Project site, nor for
<br />any failure of a contractor to comply with laws and regulations applicable to such contractor's
<br />furnishing and performing of its work.
<br />Page 3
<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />y mmnal Engineers for EJCDC. All rights reserved.
<br />Copyright 2008 National Sociel of l'rofessio _ _„
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