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Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to <br />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 />J. 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 Bads of Payment <br />A. Owner shall pay Engineer for Services as follows: <br />1. Owner shall pay Engineer for Lump Sum Services as follows: <br />a. A Lump Sum amount Not to Exceed $6,950.00, see Exhibit E. <br />b. In addition to the Lump Sum amount, reimbursement for the following expenses: None <br />c. The portion of the compensation amount billed monthly for Engineer's Services will be <br />based upon Engineer's estimate of the percentage of the total Services actually completed <br />during the billing period. <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-1 <br />Survey Limit Site Map <br />Exhibit B <br />Owner's Responsibilities. <br />Exhibit C <br />Engineer's Standard Hourly Rates. <br />Exhibit D <br />Project Schedule <br />Exhibit E <br />Fee Schedule <br />Page 5 <br />EdCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright© 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />