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<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 />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 $ <br /> <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 />7.01 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 $20,000. <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 />1. 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