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identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; <br />and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. <br />Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days <br />after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute <br />shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. <br />6.01 Total Agreement <br />A. This Agreement (including any expressly incorporated attachments), constitutes the entire <br />agreement between Owner and Engineer and supersedes all prior written or oral understandings. <br />This Agreement may only be amended, supplemented, modified, or canceled by a duly executed <br />written instrument. <br />7.01 Basis of Payment <br />A. Owner shall pay Engineer for Services as follows: <br />1. Owner shall pay Engineer for Hourly Rate Services as follows: <br />a. An amount equal to the cumulative hours charged to the Project by each class of Engineer's <br />employee's times standard hourly rates for each applicable billing class, plus reimbursement <br />of expenses incurred in connection with providing the Services and Engineer's consultants' <br />charges, if any. <br />b. Engineer's Standard Hourly Rates are attached as Exhibit C. <br />c. The total compensation for Hourly Rate Services and reimbursable expenses is not to <br />exceed $17,430.00, see Item a. of Exhibit E, unless additional compensation is authorized in <br />writing by Owner. <br />7.02 Additional Services: <br />A. For additional services of Engineer's employees engaged directly on the Project, Owner shall pay <br />Engineer an amount equal to the cumulative hours charged to the Project by each class of <br />Engineer's employees times standard hourly rates for each applicable billing class; plus <br />reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly <br />rates are attached as Exhibit C. <br />Attachments: Exhibit A Engineer's Services <br />Exhibit A-2 Site Map for Ireland Road at High Street <br />Exhibit B Owner's Responsibilities. <br />Exhibit C Engineer's Standard Hourly Rates. <br />Exhibit D Project Schedule <br />EJCDC E•500 Agreement Between Owner and Engineer for Professional Services <br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />