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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 $ <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 />for] <br />7.01 Basis of Payment Hourly Rates Plus Reimbursable Expenses <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: <br />1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's <br />employees times standard hourly rates for each applicable billing class for all services <br />performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, <br />if any. <br />2. Engineer's Standard Hourly Rates are attached as Appendix 1. <br />3. The total compensation for services and reimbursable expenses is estimated to be $ 7,000. <br />[or] <br />7.01 Basis of Payment Percentage of Construction Cost <br />A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: <br />l . An amount equal to ° percent of the cost to construct the work designed or specified <br />by the Engineer ("Construction Cost"). This amount includes compensation for Engineer's <br />Services and services of Engineer's consultants, if any. The percentage of Construction <br />Costs noted herein accounts for labor, overhead, profit, and reimbursable expenses. <br />2. As a basis for payment to Engineer, Construction Cost will be based on one or more of the <br />following determinations with precedence in the order listed: <br />Page 5 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />JCDC. All rights reserved. Copyright � 2008 National Society of Professional Engineers for E ........_ ._- � „ .� <br />