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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 />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 in <br />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, other <br />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 services <br />related to Constituents of Concern. If Engineer or any other party encounters an undisclosed <br />Constituent of Concern, or if investigative or remedial action, or other professional services, are <br />necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at <br />its option and without liability for consequential or any other damages, suspend performance of <br />services on the portion of the Project affected thereby until Owner: (1) retains appropriate <br />specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the <br />Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws <br />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 option <br />of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; <br />or (2) terminating this Agreement for cause on 30 days notice. <br />F.Owner acknowledges that Engineer is performing professional services for Owner and that <br />Engineer is not and shall not be required to become an "owner" “arranger,” “operator,” <br />“generator,” or “transporter” of hazardous substances, as defined in the Comprehensive <br />Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or <br />DocuSign Envelope ID: 1C4AA711-DA0B-418C-90FE-56D629C93881