Common use of COMMISSION, AHTD, AND FHWA AS THIRD PARTY BENEFICIARIES Clause in Contracts

COMMISSION, AHTD, AND FHWA AS THIRD PARTY BENEFICIARIES. This Subconsultant Agreement is between and binding upon only the Consultant and Subconsultant. The Commission, AHTD, and FHWA are not parties to this Subconsultant Agreement, but are expressly made third-party beneficiaries of this Subconsultant Agreement and shall be entitled to enforce any obligation of the Subconsultant owed to the Consultant. No provision of this Subconsultant Agreement or the Prime Agreement, nor the exercise of any right thereunder, shall be construed as creating any obligation or any liability on the part of, or operating as a waiver of any immunity of, the Commission, the AHTD, the FHWA, or any of their employees, officers, or agents. The Subconsultant’s sole recourse, if any, for any injury arising under or related to this Subconsultant Agreement, the performance of services hereunder, or compensation or claims hereunder, shall be against the Consultant. The Disputes and Claims provisions of the Prime Agreement shall not apply to this Subconsultant Agreement.