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. ', ' I <br /> services contrary to ENGINEER's responsibilities as a licensed <br /> professional;or <br /> 2) upon seven days written notice if the ENGINEER's services for the <br /> Project are delayed or suspended for more than 90 days for reasons <br /> beyond ENGINEER's control. <br /> 3) ENGINEER shall have no liability to OWNER on account of such <br /> ternunation. <br /> c. Notwithstanding the foregoing,this Agreement will not ternunate as a result of <br /> such substanrial failure if the party receiving such notice begins,within seven <br /> days of receipt of such notice,to correct its failure to perform and proceeds <br /> diligently to cure such failure within no more than 30 days of receipt thereof; <br /> provided,however,that if and to the extent such substantial failure cannot be <br /> reasonably cured within such 30 day period,and if such party has diligendy <br /> attempted to cure the same and thereafter continues diligently to cure the same, <br /> then the cure period provided for herein shall extend up to,but in no case more <br /> than,60 days after the date of receipt of notice. <br /> 2. For convenience, <br /> a. By OWNER effecrive upon the receipt of notice by ENGINEER. <br /> B. The terminating party under paragraphs 6.06.A.1 or 6.06.A.2 may set the effective date of <br /> termination at a tune up to 30 days later than otherwise provided to allow ENGINEER to <br /> demobilize personnel and equipment from the Site,to complete tasks whose value would <br /> otherwise be lost,to prepare notes as to the status of completed and uncompleted tasks,and to <br /> assemble Project materials in orderly files. <br /> 6.07 Controlling Law <br /> A. This Agreement is to be governed by the law of the state in which the Project is located. <br /> 6.08 Successors,Assigns,and Beneticiaries <br /> A. OWNER and ENGINEER each is hereby bound and the partners,successors,executors, <br /> administrators and legal representatives of OWNER and ENGINEER(and to the extent permitted <br /> by paragraph 6.08.B the assigns of OWNER and ENGINEER)are hereby bound to the other party <br /> to this Agreement and to the partners, successors,executors,administrators and legal <br /> representatives(and said assigns)of such other party,in respect to all covenants,agreements and <br /> obligations of this Agreement. <br /> B. Neither OWNER nor ENGINEER may assign,sublet,or transfer any rights under or interest <br /> (including,but without 1'unitation,moneys that are due or may become due)in this Agreement <br /> without the written consent of the other,except to the extent that any assignment,subletting or <br /> transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written <br /> consent to 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 in this Agreement: <br /> 1. Nothing in this Agreement shall be construed to create,impose,or give rise to any duty <br /> by OWNER or ENGINEER to any Contractor,Contractor's subcontractor,supplier,other <br /> individual or entity,or to any surety for or employee of any of them. <br /> 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole <br /> and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other <br /> party. The OWNER agrees that the substance of the provisions of this paragraph 6.08.0 <br /> shall appear in the Contract Documents. <br /> Standard Form of Agreement <br /> Between Owner and Engineer for Professional Services <br /> 8 <br />