Agenda - 12-17-1996 - 8b - Laserfiche WebLink

Browse Search

13 extent permitted by paragraph 7.6.2., the assigns of the OWNER and the ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.6.2. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or interest in(including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be 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. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent professional associates, consultants and subcontractors as he may deem appropriate to assist in the performance of services hereunder. 7.6.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and the ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and the ENGINEER and not for the benefit of any other party. 7.7. Jurisdictional Authority - This Agreement shall be construed in accordance with North Carolina lam. Venue for any suit involving this Agreement should be in the North Carolina courts and filed in Orange County. 7.8. Exhibits and Supporting Data. The following exhibits and supporting data shall be attached hereto and become a part hereof: 7.8.1. Exhibit A - "Duties, Responsibilities and Limitations of Authority of Resident Project Representative". 7.8.2. Letter of Interest and Statement of Qualifications dated October 18, 1996 is hereby incorporated by reference. 7.8.3. Exhibit B - HUD clauses : "Conflict of Interest", "Age Discrimination", "Nondiscrimination on the Basis of Handicap", and "Section 3 of the Housing and Urban Development Act of 1968 as amended,"Access to Records and Record Retainage," and"Lobbying Clauses". 7.8.4. Exhibit C-Certificates of Insurance.