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2. For convenience, by Owner effective upon Consultant's receipt of written notice from
<br />Owner.
<br />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 Consultant 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, Consultant will be entitled to invoice Owner
<br />and to receive full payment for all non -disputed services performed or furnished in accordance
<br />with this Agreement and all reimbursable expenses incurred through the effective date of
<br />termination.
<br />4.01 Successors, Assigns, and Beneficiaries
<br />A. Owner and Consultant are hereby bound and the successors, executors, administrators, and legal
<br />representatives of Owner and Consultant (and to the extent permitted by Paragraph 4.01.13 the
<br />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
<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 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 engineering and related services performed or furnished
<br />by 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
<br />its 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 />and the publishers of technical standards.
<br />B. Consultant shall not at any time supervise, direct, control, or have authority over any contractor's
<br />work, nor shall Consultant have authority over or be responsible for the means, methods,
<br />techniques, sequences, or procedures of construction selected or used by any contractor, or the
<br />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 />Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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