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Z. For convenience, by Owner effective upon Architect/Engineer's receipt of written notice
<br />from Owner.
<br />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 Architect/Engineer 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, Architect/Engineer 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 Architect/Engineer are hereby bound and the successors, executors, administrators, and
<br />legal representatives of Owner and Architect/Engineer (and to the extent permitted by Paragraph
<br />4.01.13 the assigns of Owner and Architect/Engineer) are hereby bound to the other party 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/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.
<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 Architect/Engineer 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 Architect/Engineer and not for the benefit of any other party.
<br />5.01 General Considerations
<br />A. The standard of care for all professional Architect/Engineering and related services performed or
<br />furnished by Architect/Engineer 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 satire locality. Architect/Engineer makes no warranties, express or implied, under this
<br />Agreement or otherwise, in connection with Architect/Engineer's services. Subject to the foregoing
<br />standard of care, Architect/Engineer and its consultants may use or rely upon design elements and
<br />information ordinarily or customarily furnished by others, including, but not limited to, specialty
<br />contractors, manufacturers, suppliers, and the publishers of technical standards.
<br />B. Architect/Engineer shall not at any time supervise, direct, control, or have authority over any
<br />contractor's work, nor shall Architect/Engineer have authority over or be responsible for the means,
<br />methods, techniques, sequences, or procedures of construction selected or used by any contractor,
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<br />EJCDC E-500 Agreement Behveen Owner and Engineer for Professional services
<br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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