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Page 9 <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 />herein shall extend up to, but in no case more than, 60 days after the date <br />of receipt of the notice. <br />2.For convenience, <br />a.By Owner effective upon Engineer’s receipt of notice from Owner. <br />C.Effective Date of Termination: The terminating party under Paragraph 6.05.B may set the <br />effective date of termination at a time up to 30 days later than otherwise provided to allow <br />Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value <br />would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, <br />and to assemble Project materials in orderly files. <br />D.Payments Upon Termination: <br />1. In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice <br />Owner and to receive full payment for all services performed or furnished in accordance <br />with this Agreement and all Reimbursable Expenses incurred through the effective date of <br />termination. Upon making such payment, Owner shall have the limited right to the use of <br />Documents, at Owner’s sole risk, subject to the provisions of Paragraph 6.03.E. <br />2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer <br />shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to <br />invoice Owner and to payment of a reasonable amount for services and expenses directly <br />attributable to termination, both before and after the effective date of termination, such as <br />reassignment of personnel, costs of terminating contracts with Engineer’s Consultants, and <br />other related close-out costs, using methods and rates for Additional Services as set forth in <br />Exhibit C. <br />6.06 Controlling Law <br />A. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is <br />located. <br />6.07 Successors, Assigns, and Beneficiaries <br />A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal <br />representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.07.B the <br />assigns of Owner and Engineer) 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 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 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.