Common use of Third-party beneficiary clause Clause in Contracts

Third-party beneficiary clause. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to make the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to the Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Agreement. It is the further intent of the STATE and the CONSULTANT in executing this Agreement that no individual, firm, corporation, or any combination thereof, which supplies materials, labor, services or equipment to the CONSULTANT for the performance of the work becomes thereby a third party beneficiary of this Agreement. The STATE and the CONSULTANT understand that such individual, firm, corporation, or combination thereof, has no right to bring an action in the courts of this State against the STATE, by virtue of its lack of standing and also by virtue of the provisions of the New Jersey Contractual Liability Act, NJSA 59:13-1 et seq., which allows suit against the STATE in contract only on the basis of express contracts or contracts implied in fact.