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 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 and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Main Agreement and any Task Order issued under this Main Agreement. X. Xxxxxxx Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or money that is due or may become due) in this Main Agreement, or in any Task Order, without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated 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 Main Agreement or any Task Order. C. Unless expressly provided otherwise in this Main Agreement: 1. All duties and responsibilities undertaken pursuant to this Main Agreement or any Task Order will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 2. Nothing in this Main Agreement or in any Task Order will be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. 3. Owner agrees that the substance of the provisions of this Paragraph 6.06.C will appear in all Construction Contracts associated with this Main Agreement and its Task Orders.

Appears in 2 contracts

Samples: Master Service Agreement, Professional Services

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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 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 and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Main Agreement and any Task Order issued under this Main Agreement. X. Xxxxxxx B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or money that is due or may become due) in this Main Agreement, or in any Task Order, without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated 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 Main Agreement or any Task Order. C. Unless expressly provided otherwise in this Main Agreement: 1. All duties and responsibilities undertaken pursuant to this Main Agreement or any Task Order will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 2. Nothing in this Main Agreement or in any Task Order will be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. 3. Owner agrees that the substance of the provisions of this Paragraph 6.06.C will appear in all Construction Contracts associated with this Main Agreement and its Task Orders.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services

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Successors, Assigns, and Beneficiaries. A. Owner and Engineer are Testing Firm each is hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 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 and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, agreements and obligations of this Main Agreement and any Task Order issued under this Main Agreement. X. Xxxxxxx B. Neither Owner nor Engineer Testing Firm may assign, sublet, or transfer any rights under or interest (including, but without limitation, claims arising out of this Agreement or money moneys that is are due or may become due) in this Main Agreement, or in any Task Order, Agreement without the written consent of the other partyother, 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 Main Agreement or any Task OrderAgreement. Any assignment in violation of this provision shall be null and void and unenforceable. C. Unless expressly provided otherwise in this Main Agreement: 1. All duties and responsibilities undertaken pursuant to this Main Agreement or any Task Order will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 2. Nothing in this Main Agreement or in any Task Order will shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer Testing Firm to any ConstructorContractor, Subcontractor, Supplier, 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 of Oxbow, Diversion Authority member entities, U.S. Army Corps of Engineers, and Testing Firm and not for the benefit of any other party. 3. The Owner agrees that the substance of the provisions of this Paragraph 6.06.C will shall appear in all Construction Contracts associated with any Contract Documents prepared for any Specific Project under this Main Agreement and its Task OrdersAgreement.

Appears in 1 contract

Samples: Professional Services

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