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2. For convenience, by Owner effective upon Engineer'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 Engineer 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 />C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner <br />and to receive full payment for all services performed or furnished in accordance with this <br />Agreement and all reimbursable expenses incurred through the effective date of termination. <br />4.01 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 4.01.6 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 />Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, <br />but without limitation, moneys that are due or may become due) in this Agreement without the <br />written consent of the other, except to the extent that any assignment, subletting, or transfer is <br />mandated or restricted by law. Unless specifically stated to the contrary in any written consent to <br />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 Engineer 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 <br />of Owner and Engineer 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 Engineer 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 <br />locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in <br />connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its <br />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. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's <br />work, nor shall Engineer have authority over or be responsible for the means, methods, <br />EJCf2C E -520 short Form of Agreement Wiveen 0mier and Engineer for Prollmlonal Services. <br />Copyright ©2009 National Societe of Professional Enginecis for FJCDC. All rights reserved. <br />Page 3 <br />