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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 —Lump Sum and Hourly Rate <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: <br />1. An amount of $59,400.00, See Exhibit C <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 />7.02 Additional Services: For additional services of Engineer's employees engaged directly on the <br />Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project <br />by each class of Engineer's employees times standard hourly rates for each applicable billing class; <br />plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly <br />rates are attached as Appendix 1 of Exhibit C. <br />Attachments: Appendix 1 of Exhibit B, Project Work Area <br />Appendix 1 of Exhibit C, Engineer's Standard Hourly Rates <br />Page 5 <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 />