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2.Engineer may, after giving seven days written notice to Owner, suspend services under <br />this Agreement until Owner has paid in full all non-disputed amounts due for services, <br />expenses, and other related charges. Owner waives any and all claims against Engineer <br />for any such suspension. <br />C.Disputed Invoices:If Owner contests an invoice, Owner shall promptly advise Engineer of the <br />specific basis for doing so, may withhold only that portion so contested, and must pay the <br />undisputed portion. <br />D.Legislative Actions:If after the Effective Date any governmental entity takes a legislative action <br />that imposes taxes, fees, or charges on Engineer’s services or compensation under this Agreement, <br />then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to <br />which a factor of 1.0 shall be applied. Owner shall reimburse Engineer for the cost of such <br />invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the <br />compensation to which Engineer is entitled under the terms of ExhibitC. <br />ARTICLE 5 – OPINIONS OF COST <br />5.01Opinions of Probable Construction Cost <br />A.Engineer’s opinions of probable Construction Cost are to be made on the basis of Engineer’s <br />experience and qualifications and represent Engineer’s best judgment as an experienced and <br />qualified professional generally familiar with the construction industry. However, because <br />Engineer has no control over the cost of labor, materials, equipment, or services furnished by <br />others, or over contractors’ methods of determining prices, or over competitive bidding or market <br />conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction <br />Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner <br />requires greater assurance as to probableConstruction Cost, Owner must employ an independent <br />cost estimator as provided in Exhibit B. <br />5.02Designing to Construction Cost Limit <br />A.If a Construction Cost limit is established between Owner and Engineer, such Construction Cost <br />limit and a statement of Engineer’s rights and responsibilities with respect thereto will be <br />specifically set forth in ExhibitF, “Construction Cost Limit,” to this Agreement. <br />5.03Opinions of Total Project Costs <br />A.The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting <br />the Owner in collating the various cost categories which comprise Total Project Costs. Engineer <br />assumes no responsibility for the accuracy of any opinions of Total Project Costs. <br />ARTICLE 6 – GENERAL CONSIDERATIONS <br />6.01Standards of Performance <br />A.Standard of Care:The standard of care for all professional engineering and related services <br />performed or furnished by Engineer under this Agreement will be the care and skill ordinarily <br />used by members of the subject profession practicing under similar circumstances at the same <br />Page 3 <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 /> <br />