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Page 10 <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 />C. Unless expressly provided otherwise in this Agreement: <br />1.Nothing in this Agreement shall be construed to create, impose, or give rise to any duty <br />owed by Owner or Engineer to any Contractor, Subcontractor, Supplier, other <br />individual or entity, or to any surety for or employee of any of them. <br />2.All duties and responsibilities undertaken pursuant to this Agreement will be for the sole <br />and exclusive benefit of Owner and Engineer and not for the benefit of any other party. <br />3.Owner agrees that the substance of the provisions of this Paragraph 6.07.C shall appear <br />in the Contract Documents. <br />6.08 Dispute Resolution <br />A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 <br />days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of <br />this Agreement, or exercising their rights under law. <br />B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or <br />both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute <br />resolution method is specified in Exhibit H, then the parties may exercise their rights under law. <br />6.09 Environmental Condition of Site <br />A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, <br />PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other <br />Constituents of Concern located at or near the Site, including type, quantity, and location. <br />B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, <br />other than those disclosed in writing to Engineer, exist at the Site. <br />C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then <br />Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably <br />concludes that doing so is required by applicable Laws or Regulations. <br />D. It is acknowledged by both parties that Engineer’s scope of services does not include any <br />services related to Constituents of Concern. If Engineer or any other party encounters an <br />undisclosed Constituent of Concern, or if investigative or remedial action, or other professional <br />services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then <br />Engineer may, at its option and without liability for consequential or any other damages, suspend <br />performance of services on the portion of the Project affected thereby until Owner: (1) retains <br />appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, <br />or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with <br />applicable Laws and Regulations. <br />E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the <br />performance of Engineer’s services under this Agreement, then the Engineer shall have the <br />option of (1) accepting an equitable adjustment in its compensation or in the time of completion, <br />or both; or (2) terminating this Agreement for cause on 30 days notice.