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<br />the Project; or the cost of other services to be provided by others to Owner pursuant to
<br />Exhibit B of this Agreement. Construction Cost is one of the items comprising Total
<br />Project Costs.
<br />7.Constituent of Concern – Any substance, product, waste, or other material of any nature
<br />whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and
<br />PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the
<br />Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
<br />§§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C.
<br />§§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et
<br />seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the
<br />Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et
<br />seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance,
<br />resolution, code, order, or decree regulating, relating to, or imposing liability or standards
<br />of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.
<br />8. Consultants – Individuals or entities having a contract with Engineer to furnish services
<br />with respect to this Project as Engineer’s independent professional associates and
<br />consultants; subcontractors; or vendors.
<br />9. Contract Documents – Those items so designated in the Construction Contract, including
<br />the Drawings, Specifications, construction agreement, and general and supplementary
<br />conditions. Only printed or hard copies of the items listed in the Construction Contract
<br />are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the
<br />reports and drawings of subsurface and physical conditions are not Contract Documents.
<br />10. Contractor – The entity or individual with which Owner has entered into a Construction
<br />Contract.
<br />11. Documents – Data, reports, Drawings, Specifications, Record Drawings, and other
<br />deliverables, whether in printed or electronic media format, provided or furnished in
<br />appropriate phases by Engineer to Owner pursuant to this Agreement.
<br />12. Drawings – That part of the Contract Documents prepared or approved by Engineer
<br />which graphically shows the scope, extent, and character of the Work to be performed by
<br />Contractor. Shop Drawings are not Drawings as so defined.
<br />13. Effective Date – The date indicated in this Agreement on which it becomes effective, but
<br />if no such date is indicated, the date on which this Agreement is signed and delivered by
<br />the last of the parties to sign and deliver.
<br />14. Engineer – The individual or entity named as such in this Agreement.
<br />15. Hazardous Waste – The term Hazardous Waste shall have the meaning provided in
<br />Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from
<br />time to time.
<br />16. Laws and Regulations; Laws or Regulations – Any and all applicable laws, rules,
<br />regulations, ordinances, codes, and orders of any and all governmental bodies, agencies,
<br />authorities, and courts having jurisdiction.
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<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.
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