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<br />responsibilities as a licensed professional;
<br />or
<br />
<br />2) upon seven days written notice
<br />if the Engineer's services for the Project
<br />are delayed or suspended for more than
<br />90 days for reasons beyond Engineer's
<br />contro I.
<br />
<br />3) Engineer shall have no liability
<br />to Owner on account of such termination.
<br />
<br />c. Notwithstanding the foregoing, this
<br />Agreement will not terminate as a result of a
<br />substantial failure under paragraph 4.0 I.A.I.a
<br />if the party receiving such notice begins, within
<br />seven days of receipt of such notice, to correct
<br />its failure and proceeds diligently to cure such
<br />failure within no more than 30 days of receipt
<br />of notice; provided, however, that if and to the
<br />extent such substantial failure cannot be
<br />reasonably cured within such 30 day period,
<br />and if such party has diligently attempted to
<br />cure the same and thereafter continues
<br />diligently to cure the same, then the cure period
<br />provided for herein shall extend up to, but in
<br />no case more than, 60 days after the date of
<br />receipt of the notice.
<br />
<br />2. For convenience, by Owner effective upon the
<br />receipt of notice by Engineer.
<br />
<br />B. The terminating party under paragraphs
<br />4.0 l.AI or 4.0 l.A.2 may set the effective date of
<br />termination at a time up to 30 days later than otherwise
<br />provided to allow Engineer to demobilize personnel and
<br />equipment from the Project site, to complete tasks whose
<br />value would otherwise be lost, to prepare notes as to the
<br />status of completed and uncompleted tasks, and to
<br />assemble Project materials in orderly files.
<br />
<br />5.01 Controlling Law
<br />
<br />A. This Agreement is to be governed by the law of
<br />the state in which the Project is located.
<br />
<br />6.01 Successors, Assigns, and Beneficiaries
<br />
<br />A Owner and Engineer each is hereby bound and
<br />the partners, successors, executors, administrators, and
<br />legal representatives of Owner and Engineer (and to the
<br />extent permitted by paragraph 6.01.B the assigns of
<br />Owner and Engineer) are hereby bound to the other party
<br />to this Agreement and to the partners, successors,
<br />executors, administrators, and legal representatives (and
<br />said assigns) of such other party, in respect of all
<br />covenants, agreements, and obligations of this
<br />Agreement.
<br />
<br />B. Neither Owner nor Engineer may assign, sublet,
<br />or transfer any rights under or interest (including, but
<br />without limitation, moneys that are due or may become
<br />due) in this Agreement without the written consent of the
<br />other, except to the extent that any assignment, subletting,
<br />or transfer is mandated or restricted by law. Unless
<br />specifically stated to the contrary in any written consent
<br />to an assignment, no assignment will release or discharge
<br />the assignor from any duty or responsibility under this
<br />Agreement.
<br />
<br />7.01 General Considerations
<br />
<br />A The standard of care for all professional
<br />engineering and related services performed or furnished
<br />by Engineer under this Agreement will be the care and
<br />skill ordinarily used by members of the subject profession
<br />practicing under similar circumstances at the same time
<br />and in the same locality. Engineer makes no warranties,
<br />express or implied, under this Agreement or otherwise, in
<br />connection with Engineer's services. Engineer and its
<br />consultants may use or rely upon the design services of
<br />others, including, but not limited to, contractors,
<br />manufacturers, and suppliers.
<br />
<br />B. Engineer shall not at any time supervise, direct,
<br />or have control over any contractor's work, nor shall
<br />Engineer have authority over or responsibility for the
<br />means, methods, techniques, sequences, or procedures of
<br />construction selected or used by any contractor, for safety
<br />precautions and programs incident to a contractor's work
<br />progress, nor for any failure of any contractor to comply
<br />with laws and regulations applicable to contractor's work.
<br />
<br />C. Engineer neither guarantees the performance of
<br />any contractor nor assumes responsibility for any
<br />contractor's failure to furnish and perform its work in
<br />accordance with the contract between Owner and such
<br />contractor.
<br />
<br />D. Engineer shall not be responsible for the acts
<br />or omissions of any contractor, subcontractor, or supplier,
<br />or of any contractor's agents or employees or any other
<br />persons (except Engineer's own employees) at the Project
<br />site or otherwise furnishing or performing any of
<br />construction work; or for any decision made on
<br />interpretations or clarifications of the construction
<br />contract given by Owner without consultation and advice
<br />of Engineer.
<br />
<br />E. The general conditions for any construction
<br />contract documents prepared hereunder are to be the
<br />"Standard General Conditions of the Construction
<br />Contract" as prepared by the Engineers Joint Contract
<br />Documents Committee (No. C-700, 2002 Edition).
<br />
<br />F. All design documents prepared or furnished by
<br />Engineer are instruments of service, and Engineer retains
<br />an ownership and property interest (including the
<br />
<br />20f4
<br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
<br />Copyright i!d 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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