Common use of Successors, Assigns, and Beneficiaries Clause in Contracts

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

Appears in 12 contracts

Samples: Professional Services, Professional Services, Professional Services

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Successors, Assigns, and Beneficiaries. A. Owner and Engineer are each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractorContractor, Contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this paragraph 6.07.C shall appear in the Contract Documents.

Appears in 7 contracts

Samples: Engineering Agreement, Engineering Agreement, Master Services Agreement

Successors, Assigns, and Beneficiaries. A. Owner The owner and Engineer are JEO each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner the owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) JEO are hereby bound to the other party to this Agreement agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in with respect of to all covenants, agreements, agreements and obligations of this Agreementagreement. B. a. Neither Owner the owner nor Engineer JEO may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys monies that are due or may become due) in this Agreement agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will shall release or discharge the assignor from any duty or responsibility under this Agreementagreement. C. b. Unless expressly provided otherwise, nothing otherwise in this Agreement agreement: Nothing in this agreement shall be construed to create, impose, or give rise to any duty owed by Owner the owner or Engineer JEO to any contractor, contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. . c. All duties and responsibilities undertaken pursuant to this Agreement will agreement shall be for the sole and exclusive benefit of Owner the owner and Engineer JEO and not for the benefit of any other party.

Appears in 5 contracts

Samples: Agreement Between Owner and Engineer for Professional Services, Professional Services Agreement, Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractorContractor, Contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner and Engineer agree that the substance of the provisions of this paragraph 6.07.C shall appear in and become part of any construction contract for the Project.

Appears in 3 contracts

Samples: Construction Engineering Agreement, Construction Engineering Agreement, Construction Engineering Agreement

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, agreements and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplierConstructor, other third-party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. The Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in any Construction Contract Documents prepared for any Specific Project under this Agreement.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Owner and Engineer Agreement for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner Client and Engineer Professional are hereby bound and the successors, executors, administrators, and legal representatives of Owner Client and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) Professional are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner Client nor Engineer Professional may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner Client or Engineer Professional to any contractor, subcontractor, supplierConstructor, other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner Client and Engineer Professional and not for the benefit of any other party.

Appears in 2 contracts

Samples: Professional Services, Engineering Agreement

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.. North Side Infrastructure Rehabilitation 21-R0391 Xxxxxxxx Engineering, Ltd. & Village of Itasca C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractorContractor, Contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this paragraph 6.07.C shall appear in the Contract Documents.

Appears in 2 contracts

Samples: Engineering Agreement, Engineering Agreement

Successors, Assigns, and Beneficiaries. A. Owner OWNER and Engineer are ENGINEER each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner OWNER and Engineer ENGINEER (and to the extent permitted by Paragraph 4.01.B paragraph 6.08.B the assigns of Owner OWNER and EngineerENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, agreements and obligations of this Agreement. B. Neither Owner OWNER nor Engineer ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner OWNER or Engineer ENGINEER to any contractorContractor, Contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner OWNER and Engineer ENGINEER and not for the benefit of any other party.. The OWNER agrees that the substance of the provisions of this paragraph

Appears in 2 contracts

Samples: Standard Form of Agreement Between Owner and Engineer for Professional Services, Standard Form of Agreement Between Owner and Engineer for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner City and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner City and Engineer (and to the extent permitted by Paragraph 4.01.B 6.08.B the assigns of Owner City and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner City nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys claims arising out of this Agreement or money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner City or Engineer to any contractor, subcontractor, supplierConstructor, other third-party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner City and Engineer and not for the benefit of any other party. 3. City agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in the Construction Contract Documents.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer Planner are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer Planner (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and EngineerPlanner) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer Planner may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer Planner to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer Planner and not for the benefit of any other party.

Appears in 1 contract

Samples: Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are Contractor each is hereby bound and the partners, successors, executors, administrators, and legal representatives of Owner and Engineer Contractor (and to the extent permitted by Paragraph 4.01.B paragraph 6.08.B the assigns of Owner and EngineerContractor) are hereby bound to the other party to this Preconstruction Services Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Preconstruction Services Agreement. B. Neither Owner nor Engineer Contractor may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Preconstruction Services Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Preconstruction Services Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent professional associates and consultants as Contractor may deem appropriate to assist in the performance of services hereunder. C. Unless expressly provided otherwise, nothing in Nothing under this Preconstruction Services Agreement shall be construed to creategive any rights or benefits in this Preconstruction Services Agreement to anyone other than Owner and Contractor, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All and all duties and responsibilities undertaken pursuant to this Preconstruction Services Agreement will be for the sole and exclusive benefit of Owner and Engineer Contractor and not for the benefit of any other party.

Appears in 1 contract

Samples: Preconstruction Services Agreement

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. . Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. . Unless expressly provided otherwise, nothing otherwise in this Agreement: Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplierConstructor, other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in the Construction Contract Documents.

Appears in 1 contract

Samples: Professional Services

Successors, Assigns, and Beneficiaries. A. Owner Owner, to the extent authorized by law, and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys claims arising out of this Agreement or money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplierConstructor, other third-party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in the Construction Contract Documents.

Appears in 1 contract

Samples: Agreement Between Owner and Engineer

Successors, Assigns, and Beneficiaries. A. Owner The client and Engineer are JEO each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner the client and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) JEO are hereby bound to the other party to this Agreement agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in with respect of to all covenants, agreements, agreements and obligations of this Agreementagreement. B. a. Neither Owner the client nor Engineer JEO may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys monies that are due or may become due) in this Agreement agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will shall release or discharge the assignor from any duty or responsibility under this Agreementagreement. C. b. Unless expressly provided otherwise, nothing otherwise in this Agreement agreement: Nothing in this agreement shall be construed to create, impose, or give rise to any duty owed by Owner the client or Engineer JEO to any contractor, contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. . c. All duties and responsibilities undertaken pursuant to this Agreement will agreement shall be for the sole and exclusive benefit of Owner the client and Engineer JEO and not for the benefit of any other party.

Appears in 1 contract

Samples: Agreement for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractorContractor, Contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.07.C shall appear in the Contract Documents.

Appears in 1 contract

Samples: Standard Form of Agreement for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplierConstructor, other third‐party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in the Construction Contract Documents.

Appears in 1 contract

Samples: Owner and Engineer Agreement for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplierConstructor, other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

Appears in 1 contract

Samples: Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 5.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Either party cannot refuse a request by the other party to request to assign, sublet, or transfer in order to avoid legal or financial responsibilities caused by professional negligence or damages caused by technical accuracy. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplierConstructor, other third-party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in the Construction Contract Documents.

Appears in 1 contract

Samples: Owner and Engineer Agreement for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner OWNER and Engineer are ENGINEER each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner OWNER and Engineer ENGINEER (and to the extent permitted by Paragraph 4.01.B paragraph 6.08.B the assigns of Owner OWNER and EngineerENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, agreements and obligations of this Agreement. B. Neither Owner OWNER nor Engineer ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner OWNER or Engineer ENGINEER to any contractorContractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner OWNER and Engineer ENGINEER and not for the benefit of any other party. The OWNER agrees that the substance of the provisions of this paragraph 6.08.C shall appear in the Contract Documents.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Engineer for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 6.06.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractorContractor, subcontractorSubcontractor, supplierSupplier, or other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. Any and all Documents prepared by Engineer, including but not limited to the Report to be prepared pursuant to Exhibit A, are prepared solely for the use and benefit of Owner, unless expressly agreed otherwise by Engineer.

Appears in 1 contract

Samples: Engineer’s Services Agreement

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Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplierConstructor, other third-party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in the Construction Contract Documents.

Appears in 1 contract

Samples: Owner and Engineer Agreement for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer Consultant are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer Consultant (and to the extent permitted by Paragraph 4.01.B 6.08.B the assigns of Owner and EngineerConsultant) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, agreements and obligations of this Agreement. B. Neither Owner nor Engineer Consultant may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer Consultant to any contractor, subcontractor, supplierConstructor, other third-party individual or entity, or to any surety for or employee of any of themofthem. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer Consultant and not for the benefit of any other party. 3. The Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in any Construction Contract Documents prepared for any Specific Project under this Agreement.

Appears in 1 contract

Samples: Consultant Agreement

Successors, Assigns, and Beneficiaries. A. Owner 1. Client and Engineer Peloton are hereby bound and the successors, executors, administrators, and legal representatives of Owner Client and Engineer Peloton (and to the extent permitted by Paragraph 4.01.B the assigns of Owner Client and EngineerPeloton) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. 2. Neither Owner Client nor Engineer Peloton may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless agreed to by the non-assigning party and specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. 3. Unless expressly provided otherwise, nothing in this Agreement shall will be construed to create, impose, or give rise to any duty owed by Owner Client or Engineer Peloton to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner Client and Engineer Peloton and not for the benefit of any other party. In the event that Peloton is not licensed or registered in another jurisdiction to provide services under this Agreement, Peloton may assign, with Client’s consent, this contract for professional services to an entity qualified to provide professional services in that jurisdiction.

Appears in 1 contract

Samples: Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

Appears in 1 contract

Samples: Short Form Agreement for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B paragraph 6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, agreements and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractorContractor, Contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.. The Owner agrees that the substance of the provisions of this paragraph

Appears in 1 contract

Samples: Master Agreement for Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplierConstructor, other third‐party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

Appears in 1 contract

Samples: Professional Services

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are Architecture each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner and Engineer Architecture (and to the extent permitted by Paragraph 4.01.B 6.07.B the assigns of Owner and EngineerArchitecture) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, agreements and obligations of this Agreement. B. Neither Owner nor Engineer Architecture may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer Architecture to any contractorContractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer Architecture and not for the benefit of any other party. 3. The Owner agrees that the substance of the provisions of this Paragraph 6.07.C shall appear in any Contract Documents prepared for any Specific Project under this Agreement.

Appears in 1 contract

Samples: On Call Professional Architecture Services Agreement

Successors, Assigns, and Beneficiaries. A. Owner and Engineer Consultant are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are Consultant is hereby bound to the other party Owner to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer Consultant may not assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the otherOwner, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor Consultant from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractorConstructor, subcontractor, supplier, or other third-party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. Any and all Documents prepared by Consultant, including but not limited to the Report to be prepared pursuant to Exhibit A, are prepared solely for the use and benefit of Owner, unless expressly agreed otherwise by Consultant.

Appears in 1 contract

Samples: Consulting Agreement

Successors, Assigns, and Beneficiaries. A. Owner OWNER and Engineer are ENGINEER each is hereby bound and the partners, successors, executors, administrators, and legal representatives of Owner OWNER and Engineer ENGINEER (and to the extent permitted by Paragraph 4.01.B paragraph 6.08.B the assigns of Owner OWNER and EngineerENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner OWNER nor Engineer ENGINEER may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner OWNER or Engineer ENGINEER to any contractorContractor, Contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner OWNER and Engineer ENGINEER and not for the benefit of any other party. The OWNER agrees that the substance of the provisions of this paragraph 6.08.C shall appear in the Contract Documents.

Appears in 1 contract

Samples: Professional Services

Successors, Assigns, and Beneficiaries. A. 7.9.1 Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 7.9.2 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreementsAgreements, and obligations of this Agreement. B. 7.9.2 Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing 7.9.3 Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractorContractor, subcontractorSubcontractor, supplierSupplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

Appears in 1 contract

Samples: Professional Services

Successors, Assigns, and Beneficiaries. A. Owner CITY and Engineer are COMITE each is hereby bound and the partners, successors, executors, administrators, administrators and legal representatives of Owner CITY and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) COMITE are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, agreements and obligations of this Agreement. B. Neither Owner CITY nor Engineer COMITE may assign, sublet, sublet or transfer any rights under or interest (including, but without limitation, moneys monies that may become due or monies that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, subletting or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner CITY or Engineer COMITE to any contractorCITY, subcontractorconsultant, sub-consultant, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner CITY and Engineer COMITE and not for the benefit of any other party.

Appears in 1 contract

Samples: Consulting Agreement

Successors, Assigns, and Beneficiaries. A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B 3.02.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys money that are is due or may become due) in this Agreement without the written consent of the otherother party, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplierConstructor, other third‐party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

Appears in 1 contract

Samples: Professional Services Agreement

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