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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 Basis of Payment —Lump Sum <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: <br />1. A Lump Sum amount of $50,830.00 <br />Fee Breakdown by Phase <br />• Schematic Design $7,624 <br />• Design Development $10,166 <br />• Construction Documents $20,332 <br />• Bidding/Construction Admin. $12,708 <br />B. The portion of the compensation amount billed monthly for Engineer's services will be based upon <br />Engineer's estimate of the percentage of the total services actually completed during the billing <br />period. <br />(or] <br />• �7:. - s s..r.'r.r:r ..ev��a �a�irsr.»i�a��1e��G.: r- �ntir.wrr: .ixnr <br />444 <br />Page 5 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />