Agenda - 03-21-1989 - Laserfiche WebLink

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barred by the applicable statute of limitations. In addition, no arbitration proceedings • shall include by consolidation, joinder, or in any other manner, any party other than the Client and the Engineer, and arbitration in respect of a specifically described claim, counterclaim, dispute or other matter in question shall not be expanded to include any other issue. The restrictions of the previous sentence as to parties to and issues of the arbitration proceedings may be amended by specific written approval of the Client and the Engineer for each exception. (15) Hazardous Substances. It is understood and agreed that in seeking the professional services of the Engineer under this Agreement, the Client does not request the Engineer to undertake to perform any services, studies, or tests, or to make any determinations involving or related in any manner to hazardous substances, as defined by federal law. If any condition relating to a hazardous substance, specifically including but not limited to asbestos, is observed by the Engineer or is alleged during the course of the performance of the services hereunder, the Engineer shall have the right to cease all services hereunder until the hazardous substance condition has been eliminated. The Engineer shall notify the Client of such condition, and the Client shall be solely responsible for the elimination of the hazardous substance condition. If the services to be performed by the Engineer hereunder cannot be performed because of the existence of the hazardous substance condition, the existence of the condition shall be deemed to be a substantial failure on the part of the Client to perform in accordance with the terms .- - of this Agreement, through no. fault.of the- Engineer; for the. purposes of termination. .. - under paragraph (10). •- - (16) Assignment and Subcontracting. under this Agreement shall be . construed to give any rights -or. benefits in this Agreement-to' anyone•.other than''the- 7.-• • - I Client and the Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Engineer and not for the benefit of any other party. Neither the Client nor the Engineer shall . assign, sublet or -transfer .any' rights under or: interest 1.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 and consultants as the Engineer may CD-111 (01/88) 8