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K I MLEY-HORN FIT 3001 WESTON TEL No . 919 481 0062 Mar 16 .89 15 ;36 P.09 <br /> barred by the applicable statute of limitations. In addition, no arbitration proceedings <br /> shall include by consolidation, joinder, or in any other manner, any party other than the <br /> Client and the Engineer, and arbitration in respect of a specifically described claim, <br /> counterclaim, dispute or other matter in question shall not be expanded to include any <br /> other issue. The restrictions of the previous sentence as to parties to and issues of the <br /> arbitration proceedings may be amended by specific written approval of the Client and <br /> the Engineer for each exception. <br /> (15) Hazard oes_Ukatances. it is understood and agreed that in seeking the <br /> professional services of the Engineer under this Agreement, the Client does not request <br /> the Engineer to undertake to perform any services, studies, or tests, or to make any <br /> determinations involving or related in any manner to hazardous substances, as defined by <br /> federal law. If any condition relating to a hazardous substance, specifically including but <br /> not limited to asbestos, is observed by the Engineer or is alleged during the course of <br /> the performance of the services hereunder, the Engineer shall have the right to cease all <br /> services hereunder until the hazardous substance condition has been eliminated. The <br /> Engineer shall notify the Client of such condition, and the Client shall be solely <br /> responsible for the elimination of the hazardous substance condition. If the services to <br /> be performed by the Engineer hereunder cannot be performed because of the existence of <br /> the hazardous substance condition, the existence of the condition shall be deemed to be <br /> a substantial failure on the part of the Client to perform in accordance with the terms <br /> of this Agreement, through no fault of the Engineer, for the purposes of termination <br /> under paragraph (10). <br /> (16) Assignment pad. Subcon tgctiug. Nothing under this Agreement shall be <br /> construed to give any rights or benefits in this Agreement to anyone other than the <br /> Client and the Engineer, and all duties and responsibilities undertaken pursuant to this <br /> Agreement will be for the sole and exclusive benefit of the Client and the Engineer and <br /> not for the benefit of any other party. Neither the Client nor the Engineer shall <br /> assign, sublet or transfer any rights under or interest in (including, but without <br /> limitation, moneys that may become due or moneys that are due) this Agreement without <br /> the written consent of the other, except to the extent that any assignment, subletting or <br /> transfer is mandated by law or the effect of this limitation may be restricted by law. <br /> Unless specifically stated to the contrary in any written consent to an assignment, no <br /> assignment will release or discharge the assignor from any duty or responsibility under <br /> this Agreement. Nothing contained in this paragraph shall prevent the Engineer from <br /> employing such independent professional associates and consultants as the Engineer may <br /> CD-111 (01/88) 8 <br />