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The parties acknowledge that Engineer's scope of services does not include any services related to a <br />Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous <br />substances or waste as defined by the Comprehensive Environmental Response, Compensation and <br />Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party <br />encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability <br />for consequential or any other damages, suspend performance of services on the portion of the <br />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 $279,Q_1 to c ri l Lkid uC Jn thg±jl ligg'"Mensal. <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 />7.0 Da afl "louf l <br />i t the ro r e rtl i 1� a ag �1 , 101 wrl"l-W4WftW-aS46lkw : <br />l�•-�� �l�o-t•1�ewenlrnit" our�r-olar;+�t�-to•-t+e--a`��j��y�ea+��1��-1-Engifte=w' <br />eloyees .-tl�dr� 1=1•y�t '�clla�a " °abill_r'�s�-film-� -s <br />l�er�l•��e�l-on--tl-l�ro�eet��l�ei .s�il�lpef--�d-•-1� . '��n�sulta�ts'_.elrge <br />wpm <br />ire <br />aer" m"Mge- f fs#— 060h—G s�t <br />...._.��+I�t�pro�;e�1�+��i-4l�kl�-h� �sg�y . f , l,�~�l�all•�p���nn .. as-1��1•l��w <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 />