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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 unsuccesslill in resolving the dispute, then the dispute <br />shall be mediated. if mediation is unsuccessibl, 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 $fit <br />B. I'lle portion of the compensation alnou:nt billed monthly for Engineer's services will be ba,sed upon <br />Engineer's estimate of the percentage of the total services actually completed during the billing <br />period. 7.02 Additional Services: For additional services of Engineer's employees engaged <br />directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged <br />to the Project by each class of Engineer's employees times standard hourly rates for each applicable <br />billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's <br />standard hourly rates are attached as Appendix 1. <br />Attachments: Appendix 1, Engineer's Standard Hourly Rates <br />Appendix 2, Work Plan <br />Appendix 3, Staffhour Justification <br />Page 5 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />�Copyri ht ©2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />