Professional Services Agreement - Joseph A Dzierla & Assoc. - Architectural Services for Ziker Sample Street LLC

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identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. Owner and Architect agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Architect and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment Lump Suin A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Architect as follows: 1. The retainer fee of two thousand dollars, identified in the Letter dated September 19, 2017, will be waived at the signing of this agreement but will be included in the Progress Payment Schedule. Progress payments will be invoiced in two equal payments and are due 35 days from invoice date. 7.02 Additional Services: For additional services of Architect's employees engaged directly on the Project, Owner shall pay Architect an arnount equal to the cumulative hours charged to the Project by each class of Architect's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Architect's consultants' charges, if any. Architect's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Architect's Standard Hourly Rates Page 5 I JCDC E-500 Agreement Behveen Owner and Architect for Professional Services Copyright 0 2008 National Society of Professional Architects for EJCDC. All rights reserved.